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26 <br /> Animal Control Ordinance <br /> If the animal has rabies or is suspected of having rabies,the body shall be disposed of in <br /> accordance with applicable state regulations.If the animal has identification,the <br /> Animal Shelter Services shall attempt to notify the owner or keeper before euthanizing <br /> such animal;in any event,and except as may be otherwise provided by law,-the <br /> Animal Shelter Services shall have no liability for <br /> euthanizing wounded or diseased animals when such action is taken upon the advice or <br /> recommendation of a veterinarian who has been advised of the animal's condition. <br /> (d)Any cat or dog_imnounded must receive a microchip,at the expense of its owner,prior <br /> to recovery by its owner. <br /> (Ord ofG-16-198?,§AT: e/f 1-1-88) <br /> Sec.4-45.-Public nuisance. Comment[AM11]:' <br /> The following was deleted: <br /> It shall be unlawful for an owner or keeper to permit <br /> (a) In General. It shall be unlawful for an owner or keeper to permit an animal or animals to an animal n a public to create r public nuisance, l <br /> to maintain a public nuisance created by an animal <br /> create a public nuisance, or to maintain a public nuisance created by an animal or or animals.Compliance-shall be required as follows: <br /> animals.Gemplianee shall be mEraimd as fellaws:- (a) <br /> When an Animal Control Officer or law-enforcement <br /> officer observes a violation,the.owner or keeper <br /> (b)Orima Facie Evidence. Actions deemed prima facie evidence of a public nuisance will be provided written notification of such <br /> include the following activities of any animal, or conditions maintained or permitted-by violation and be given 24 hours or less to abate the <br /> nuisance. <br /> the animal's owner or keeper: (b) <br /> Upon receipt of aawritten detailed and signed <br /> complaint alleging that any person is maintaining a <br /> (1)Habitually or repeatedly, without provocation, chasing, snapping at or attAcking public nuisance as defined in this ordinance,the <br /> pedestrians, bicycles, persons lawfully entering the property to provide a service, Animal Control Director shall muse the owner or <br /> other animals being walked on a leash,or vehicles even if the animal never leaves the keeper ofthe animal or animals in question to be <br /> notified That a complaint has been received,and <br /> owner's property, except that this provision shall not apply if-such -animal is shall cause the-situation complained upon to be <br /> restrained by a pen,fence,or other secure enclosure.For purposes of this section,an investigated and a written report thereon to be <br /> "underground fence" shall only be considered secure if it in fact contains the animal Prepared. <br /> (=) <br /> and a small sign or other notification is present to alert others that the animal is If the written findings indicate that the complaint is <br /> justified,the Animal Control Director shall cause the <br /> restrained• owner or keeper of the animal or animals in <br /> question to be notified in writing,and shall order <br /> abatement n such nuisance withine designated to such <br /> (2) Interfering with the reasonable use and enjoyment by neighboring residents of their <br /> lesser amount of time which shall be designated on <br /> property because of its odor or excessive noise making For purposes of this the abatement order. <br /> subsection, excessive noise making shall include repeated episodes of barking, (d) <br /> If,after 24 hours orsuch lesser time as is designated <br /> howling, whining, crying, crowing only if the rooster is within the town limits or in the abatement order the nuisance is not abated, <br /> Carrboro,Chapel Hill,or Hillsborough. the animal creating the nuisance may be <br /> impounded or a civil penalty may be issued and/or a <br /> (3)A female dog that is not confined while in heat in a building or secure enclosure in criminal summons may be issued. <br /> Comment[AM12]:Much of this was formerly in <br /> such a manner that she will not be in contact with another animal,provided that this the definitions section under the term"Public <br /> section shall not be construed to prohibit the intentional breeding of animals within Nuisance" <br /> an enclosed area on the premises of the owner or keeper of an animal involved in the <br /> breeding rop cess. <br /> (4)Damages the property of anyone other than its owner or keeper, including but not <br /> limited to,turning over garbage containers or damaging gardens,flowers, shrubbery, <br /> DRAFTv.3-5/30/2013 Page 22 <br />