Sec. 5-20. Animal a nuisance.
(a) It shall be the duty of the animal control officer to investigate any proper claim that an animal is a nuisance within the meaning of this chapter. Should the investigating official determine that a nuisance exists and it is necessary to abate the nuisance or should the official have reason to believe a threat to public health or safety exists, he shall refer the matter to the city prosecutor for approval of a verified complaint and an order from the court that the animal be impounded. Following the filing of such verified complaint and an evidentiary hearing, if the court finds upon a preponderance of the evidence that a nuisance existed, the court may order the animal euthanized as in the case of a vicious animal. In lieu of ordering the animal euthanized, the court shall, at the request of the animal owner, require that the owner abate and prevent such nuisance and give a good and sufficient bond within three days in an amount not greater than $500.00, satisfactory for a period not exceeding one year. In this event, the court may order the return of such animal to the owner. However, during the pendency of such bond, upon a finding by the court that the nuisance has reoccurred, the court shall order the animal be impounded, euthanized and the owner's bond be forfeited. If the court shall find no nuisance existed, the court shall order the animal be surrendered to the owner.
(b) For purposes of this section, nuisance shall mean any animal that habitually commits any one or a combination of the following acts:
(1) Scratches or digs into any flower bed, garden, tilled soil, vines, shrubbery or small plants and in so doing injures the same;
(2) Overturns any garbage can or other vessel for waste products or scatters the contents of same;
(3) Chases any person or domestic animal, or kills any domestic animal;
(4) Barks, howls, brays or makes any other loud or offensive noise common to its species or peculiar to itself, so as to disturb the inhabitants of the community;
(5) Is running at large.
(c) At the option of the owner, but subject to the approval of the animal control officer, an animal impounded pursuant to this section may be impounded in a private kennel or veterinary clinic during the pendency of the nuisance action. The operators of the facility shall then assume full liability for the confinement and maintenance of such animal and shall not release it without first being authorized by the animal control officer or the court. All fees for such impoundment shall be the responsibility of the owner. In no event shall the City of Shawnee be liable for costs of fees charged by the private facility. Further, the city may assess to the owner the cost of transporting the animal to the privately operated impoundment facility.
(d) Nothing in this section shall be construed to permit the release from impoundment of any animal not properly licensed and vaccinated, or a threat to public health or safety.
(e) A violation of this section shall be punishable by a fine of $200.00, plus court costs.
(Ord. No. 2386NS, § 1, 12-1-2008; Ord. No. 2395NS, § 2, 2-17-2009)
Showing posts with label NUISANCE. Show all posts
Showing posts with label NUISANCE. Show all posts
Monday, June 1, 2009
Friday, August 1, 2008
ANNOYANCE CALLS
Nuisance Phone Calls
For all the convenience that the telephone brings, many have experienced the aggravation and annoyance of harassing phone calls. The following are guidelines to reduce this type of nuisance:
Do not admit to a stranger that you are alone. Also, instruct your children, when alone, to say that Mom or Dad is busy and to ask the caller to leave a message or call back.
Consider having an unlisted telephone number. Avoid giving out your home phone number to strangers.
If you are asked for your phone number on a check or credit card transaction, furnish a work phone instead of your home number. Also, if your personal checks are imprinted with your home phone, request that this be removed when reordering a new supply.
If you must be listed in the telephone directory, ask that your address and first name be removed. Your first initial and last name should be sufficient.
Consumer Protection
NEVER give out personal financial information or credit card numbers during unsolicited telephone calls from people you don't know.
Don't fall for con artists who claim that you've won a prize and who ask for a credit card number for “proper identification”. Tell such callers to notify you by mail of your good fortune.
Some organizations and charities solicit for funds by telephone. If you are interested in supporting a particular cause described by a phone solicitor, ask them to send you additional details and a pledge card by mail.
Harassing Calls
Hang up immediately on obscene callers or strangers who ask questions regarding private matters. Many such callers are merely seeking an emotional response and will discontinue their harassment if you avoid a reaction of fear or anger.
Allow your answering machine to screen your calls. Tell your friends and relatives that you will pick up the phone when you hear them talking into the machine. Your outgoing message should not reveal your identity or that you are away. Change the recording or use the voice of a friend, if necessary.Y
If you begin receiving repeated harassing or obscene phone calls, make note of the date and time of each incident and the characteristics of the call. Include details such as specific wording of call, caller's voice, and background sounds. Avoid conversing with the caller or lingering on the phone, however. Chronic harassing phone calls should be reported to the police. Consider changing your telephone number and carefully screening who you provide your new number to.
For all the convenience that the telephone brings, many have experienced the aggravation and annoyance of harassing phone calls. The following are guidelines to reduce this type of nuisance:
Do not admit to a stranger that you are alone. Also, instruct your children, when alone, to say that Mom or Dad is busy and to ask the caller to leave a message or call back.
Consider having an unlisted telephone number. Avoid giving out your home phone number to strangers.
If you are asked for your phone number on a check or credit card transaction, furnish a work phone instead of your home number. Also, if your personal checks are imprinted with your home phone, request that this be removed when reordering a new supply.
If you must be listed in the telephone directory, ask that your address and first name be removed. Your first initial and last name should be sufficient.
Consumer Protection
NEVER give out personal financial information or credit card numbers during unsolicited telephone calls from people you don't know.
Don't fall for con artists who claim that you've won a prize and who ask for a credit card number for “proper identification”. Tell such callers to notify you by mail of your good fortune.
Some organizations and charities solicit for funds by telephone. If you are interested in supporting a particular cause described by a phone solicitor, ask them to send you additional details and a pledge card by mail.
Harassing Calls
Hang up immediately on obscene callers or strangers who ask questions regarding private matters. Many such callers are merely seeking an emotional response and will discontinue their harassment if you avoid a reaction of fear or anger.
Allow your answering machine to screen your calls. Tell your friends and relatives that you will pick up the phone when you hear them talking into the machine. Your outgoing message should not reveal your identity or that you are away. Change the recording or use the voice of a friend, if necessary.Y
If you begin receiving repeated harassing or obscene phone calls, make note of the date and time of each incident and the characteristics of the call. Include details such as specific wording of call, caller's voice, and background sounds. Avoid conversing with the caller or lingering on the phone, however. Chronic harassing phone calls should be reported to the police. Consider changing your telephone number and carefully screening who you provide your new number to.
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