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71 <br /> Animal Control Ordinance <br /> (b) Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance <br /> include the following activities of any animal, or conditions maintained or permitted by <br /> the animal's owner or keeper: <br /> (1) Habitually or repeatedly, without provocation, chasing, snapping at or attacking <br /> pedestrians, bicycles, persons lawfully entering the property to provide a service, <br /> other animals being walked on a leash, or vehicles even if the animal never leaves the <br /> owner's property, except that this provision shall not apply if such animal is <br /> restrained by a pen, fence, or other secure enclosure. For purposes of this section, an <br /> "underground fence" shall only be considered secure if it in fact contains the animal <br /> and a small sign or other notification is present to alert others that the animal is <br /> restrained. <br /> (2) Interfering with the reasonable use and enjoyment by neighboring residents of their <br /> property because of its odor or excessive noise making. For purposes of this <br /> subsection, excessive noise making shall include repeated episodes of barking, <br /> howling, whining, crying, or crowing only if the rooster is within the town limits or <br /> Carrboro, Chapel Hill, or Hillsborough. <br /> (3) A female dog that is not confined while in heat in a building or secure enclosure in <br /> such a manner that she will not be in contact with another animal, provided that this <br /> section shall not be construed to prohibit the intentional breeding of animals within <br /> an enclosed area on the premises of the owner or keeper of an animal involved in the <br /> breeding process. <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 /> vegetables or trees, fences or gates, or causing physical harm to domesticated <br /> livestock or pets. <br /> (5) Without provocation, inflicts on any person serious physical harm requiring <br /> treatment by a physician, including but not limited to a bite or scratch that breaks the <br /> skin. <br /> (6) Any large animal off the premises of the owner or keeper; except in the case of <br /> domestic livestock the Animal Services Director, or their designee, shall have the <br /> discretion to determine a violation when the animal, in their judgment, presents a <br /> danger to the public, is destroying or damaging property, is violating property rights, <br /> or has been habitually at large. <br /> (7) The provisions of subsections (1) through (5) above of this section shall not apply to <br /> cats. However, a cat may be deemed a public nuisance when off the premises of its <br /> owner or keeper when it: <br /> i. Habitually or repeatedly defecate or urinate in children's sandboxes, gardens, <br /> flower beds or other private property without the permission of the property <br /> DRAFTv.9 - 12/10/2015 Proposed Unified Animal Control Ordinance Page 23 <br />