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8 <br /> Livestock&Public Nuisance <br /> Page 2 <br /> (b) Prima Fade Evidence. Actions deemed prima fade evidence of a public nuisance include the <br /> following activities of any animal, or conditions maintained or permitted by the animal's owner or <br /> keeper: <br /> (1) Habitually or repeatedly,without provocation, chasing, snapping at or attacking pedestrians, <br /> bicydes, persons lawfully entering the property to provide a service, other animals being walked on a <br /> leash, or vehides even if the animal never leaves the owner's property, except that this provision shall <br /> not apply if such animal is restrained by a pen,fence, or other secure enclosure. For purposes of this <br /> section,an"underground fence" shall only be considered secure if it in fact contains the animal and a <br /> small sign or other notification is present to alert others that the animal is restrained. <br /> (2) Interferingwith the reasonable use and enjoyment by neighboring residents of their property <br /> because of its odor or excessive noise making. For purposes of this subsection, excessive noise making <br /> shall include repeated episodes of barking, howling,whining, crying, and crowing only if the rooster is <br /> within the town limits or Carrboro,Chapel Hill,or Hillsborough. <br /> (3) Afemale dog that is not confined while in heat in a building or secure endosure in such a <br /> manner that she will not be in contact with another animal, provided that this section shall not be <br /> construed to prohibit the intentional breeding of animalswithin an endosed area on the premises of the <br /> owner or keeper of an animal involved in the breeding process. <br /> (4) Damages the property of anyone other than its owner or keeper, induding but not limited to, <br /> turning over garbage containers or damaging gardens,flowers, shrubbery,vegetables or trees,fences or <br /> gates,or causing injury to domesticated livestock or pets. <br /> (5) Without provocation, inflicts on any person a serious injury requiring treatment by a physidan, <br /> induding but not limited to a bite or scratch that breaks the skin. <br /> (6) At large off the premises of the owner or keeper; except in the case of domestic livestock the <br /> Animal Services Director,or designee,shall have the discretion to determine a violation. <br /> (7) The provisions of subsections(1)through (5)above of this section shall not apply to cats. <br /> However, cats may be deemed a public nuisance when off the premises of its owner or keeper when <br /> they: <br />