Unified Animal Control Ordinance draft amendments CLEAN for August ASAB

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Animal Control Ordinance Adopted 1/21/2016 Unified Animal Control Ordinance Page 24 Effective 3/1/2016 (b) Prima Facie Evidence. Actions deemed prima facie evidence of a public nuisance include the following activities of any animal, or conditions maintained or permitted by the animal’s Owner or Keeper: (1) The animal is found at large. (2) Habitually or repeatedly, without provocation, chasing, snapping at or attacking pedestrians, bicycles, persons lawfully entering the property to provide a service, other animals being walked on a leash, or vehicles even if the animal never leaves the owner's property, except that this provision shall not apply if such animal is restrained by a pen, fence, or other secure enclosure. For purposes of this section, an "underground fence" shall only be considered secure if it in fact contains the animal and a small sign or other notification is present to alert others that the animal is restrained. (3) Interfering with the reasonable use and enjoyment by neighboring residents of their property because of its odor or excessive noise making. For purposes of this subsection odor shall include, but is not limited to, a distinctive or particularly unpleasant smell of animal urine or feces, that is lingering or lasting in nature. For purposes of this subsection, excessive noise making shall include repeated episodes of barking, howling, whining, crying, or crowing only if the rooster is within the town limits of Carrboro, Chapel Hill, or Hillsborough. (4) A female dog that is not confined while in heat in a building or secure enclosure in such a manner that she will not be in contact with another animal, provided that this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the Owner or Keeper of an animal involved in the breeding process. (5) Damages the property of anyone other than its Owner or Keeper, including but not limited to, turning over garbage containers or damaging gardens, flowers, shrubbery, vegetables or trees, fences or gates, or causing physical harm to domesticated livestock or pets. (6) Without provocation, inflicts on any person serious physical harm requiring treatment by a physician, including but not limited to a bite or scratch that breaks the skin. (7) Any large animal off the premises of the Owner or Keeper; except in the case of domestic livestock, the Animal Services Director, or their designee, shall have the discretion to determine a violation when the animal, in their judgment, presents a danger to the public, is destroying or damaging property, is violating property rights, or has been habitually at large. (8) The provisions of subsections (1) through (5) above of this section shall not apply to cats. However, a cat may be deemed a public nuisance when off the premises of its