Biggs Municipal Code Art. III Nuisances

The following specific acts and conditions committed by a dog within the city limits of the city of Biggs are hereby declared to be unlawful and to constitute a public nuisance, and the owner or person having possession, custody or control of a dog committing any of the following shall be subject to the penalties provided hereafter:

(1) Being in or upon any public or private school grounds except when authorized by appropriate school officials;

(2) Annoying, harassing, nipping, mauling or biting any person or persons;

(3) A female dog in breedable condition (in heat) being within the city, except when confined in or upon the premises of its owner or custodian;

(4) Damaging or destroying any property or thing of value;

(5) Creating a disturbance in a neighborhood by howling, barking or making unusual noises;

(6) Committing excretion (feces or urine) on private property other than the property of its owner or custodian.

(Ord. 270 § 1, 1985)

No owner or person having the possession, custody or control of a dog within the city of Biggs shall allow or permit such dog to commit a nuisance (excretion of body substances (feces or urine)) upon any public or any private property; provided, that this shall not apply to street gutters outside of pedestrian ways, it being the intent of this section that it shall be the duty of all persons having control of a dog to curb such dog when necessary.

(Ord. 270 § 2, 1985)

(1) When any condition prohibited above is found to exist, the poundmaster or other authorized person may, except when such condition occurs on the owner's premises, impound such dog in the animal control shelter, and the city attorney and district attorney, after review and investigation of the condition, are authorized to institute abatement proceedings against the owner of such dog in the manner provided by law.

(2) If any such condition occurs on the owner's premises, the city attorney and the district attorney, after review and investigation, are authorized to institute abatement proceedings against the owner of such dog in the manner provided by law.

(3) The remedy herein provided is nonexclusive and may be pursued singularly or concurrently with any penal process provided for any provision of this article.

(Ord. 270 § 3, 1985)

Any person violating any provision of this article shall be guilty of an infraction, punishable by a fine or fines of not less than $50.00 for the first offense occurring during any license year; of not less than $100.00 for a second offense during any license year; and of not less than $200.00 for a third or subsequent offense occurring in said license year.

(Ord. 270 § 4, 1985; Ord. 305 § 5, 1996)