Sec. 5-126. - Public nuisances prohibited.

(a)

No owner of any animal shall do any of the following:

(1)

Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise;

(2)

Permit such animal to damage or trespass on public or private property;

(3)

Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons;

(4)

Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.

(b)

Any violation of this section is hereby declared to be a public nuisance.

(c)

Whenever the director or any animal regulation officer has reasonable cause to believe that a public nuisance as defined in this section exists, the director may conduct an investigation or the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the director shall investigate the alleged nuisance, provided, however, that where there is only one (1) person residing or regularly employed within three hundred feet (300′) of the alleged public nuisance, written affirmation of only that one (1) person shall be required for the director to investigate the alleged nuisance. If, upon investigation, the director determines that a public nuisance exists, the director may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the director may immediately refer the matter to the district attorney for prosecution of the public nuisance.

(d)

Any person may maintain an action under Civil Code section 3493 for compliance with the requirements of this section.

(e)

Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law.

(Ord. No. 4782 § 19, 1994.)