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(A) It shall be unlawful for the owner or harborer of any animal to cause or permit such animal to perform, create or engage in any animal nuisance. Any animal found acting in any way forbidden by this title, in the determination of the animal control officer, shall hereby be declared a nuisance and its owner or harborer shall be subject to citation.

(B) “Scheduled fine animal nuisance” is when:

(1) A dog is in public and not controlled;

(2) An animal disturbs a person by chasing, snapping, or lunging;

(3) An animal creates noxious or offensive odors;

(4) An animal is on public property and obstructs or interferes with vehicular or pedestrian traffic;

(5) An animal impedes solid waste collection by ripping a solid waste bag or tipping over a solid waste container; or

(6) Any violation of OMC Section 8.06.010, 8.06.100, 8.10.020 or 8.10.030 occurs.

(C) “Mandatory court appearance animal nuisance” is when:

(1) An animal barks, whines, howls, brays, cries or makes other noises excessively so as to cause annoyance, disturbance or discomfort to any reasonable person of normal auditory sensitivity at a residence structure which is within one thousand (1,000) yards of the property on which the animal is kept or harbored;

(2) An animal creates an insect breeding and/or attraction site due to an accumulation of excreta;

(3) An animal threatens or causes a condition which endangers public health, safety, or welfare;

(4) An animal bites or attacks another animal;

(5) An animal bites or attacks a person; or

(6) Any other violation of this title, which is not a scheduled nuisance as defined in subsection (B), occurs. (Ord. 19-18 § 1, 2019; Ord. 16-52 § 2, 2016; Ord. 87-173 § 2, 1987.)