§ 4-45. Declarations of nuisance.

Each of the following actions or conditions, whether occurring singularly or in combination, is declared to be a public nuisance and shall be abated or dealt with as provided in this article:

(1)

The owning, keeping or maintenance of any dog which is allowed to be or remain unrestrained at any time by either a tether or enclosure adequate to confine such dog within its bounds.

(2)

The owning, keeping or maintenance of any dog which habitually or repeatedly barks, howls, whines, yelps or otherwise produces any sounds which cause serious annoyance to neighboring residents, or which interfere with the reasonable use and enjoyment of the premises occupied by such residents, or which interfere with the reasonable use and enjoyment of public streets, sidewalks or other public areas.

(3)

The owning, keeping or maintenance of any dog which habitually or repeatedly snaps at, attacks or threatens imminent attack toward any persons upon public sidewalks, streets or other public areas, or in any other manner exhibits a vicious or threatening disposition.

(4)

The owning, keeping or maintenance of any dog which overturns or removes material from trash or garbage containers, or which damages gardens, flowers, vegetables or any other cultivated plants, or which otherwise conducts itself at any time or in any place so as to constitute or create a public nuisance.

(5)

The location of a shelter, cage or dog lot, or groups of shelters, cages or dog lots housing one or more dogs over the age of six months within 25 feet of any residence, other than the residence of the owner of such dog, except in the case of townhouses, condominiums, small parcels of land whereby the 25-foot limit is impossible, and other such circumstances.

(6)

The owning, keeping or maintenance of any dogs within the corporate limits of the city that, by reason of the numbers being kept, creates conditions that are unsanitary or noisy, or cause serious annoyance to neighboring residents, or which interfere with the reasonable use and enjoyment of the premises occupied by such residents.

(Code 1985, § 3-30; Ord. No. 45-98, § 2, 8-17-1998)

State law reference

Dogs running at large, G.S. 160A-186; dangerous dogs, G.S. 67-4.5; dogs running at large at night, G.S. 67-12.

Cross reference

Nuisances, § 16-71 et seq.