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SECTION 5. ANIMALS CREATING NUISANCES.A. The owner having control or custody of any dog or cat which: 1. Habitually barks, whines, howls or causes other objectionable noise resulting in a serious annoyance, shall be deemed to be committing an act in violation of this section; or 2. Disturbs the peace by habitually or repeatedly destroying, desecrating or soiling public or private property, chasing persons, livestock, cars or other vehicles, running at large, or other behavior that interferes with the reasonable use and enjoyment of the property, shall constitute a public nuisance. B. An animal control officer shall investigate an alleged violation of this section upon the receipt of two (2) sworn affidavits of complaint provided by the Division, signed by two (2) unrelated county residents living in separate dwellings in the close vicinity of the alleged violation. For the enforcement of paragraph A.2 herein, one of the affidavits may be provided by a person who works for a recognized business or agency that regularly or frequently provides service in the close vicinity of the alleged violation. The affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner or custodian, if known, and a description of the animal, if known. C. An animal control officer, upon the receipt of two (2) sworn affidavits of complaint as provided for in paragraph B herein, may issue a citation to the owner or custodian of any animal alleged to be in violation of this section. D. It is declared by the Board that animals which bite, attack or threaten to bite human beings constitute a public nuisance. 1. Any animal which has bitten, attacked or threatened to bite or attack a human being while off the property of the owner may be impounded by the Division. Such animal may be removed from the owner=s property and impounded unless the animal is under the direct control of its owner or confined in a humane manner within a secure building or enclosure unable to come into contact with any person(s). 2. Any costs incurred by the Division related to any animal impoundment pursuant to this section shall be reimbursed to the Division prior to release of the impounded animal. 3. The owner of any animal impounded pursuant to paragraph D.1 herein shall be mailed notice of said impoundment by certified mail or notified by personal service by an animal control officer before the end of the following business day of the impoundment, unless the owner has claimed the impounded animal. 4. If the address of the owner of any animal impounded pursuant to paragraph D.1 herein is unknown to the Division, or the addressee of a certified letter mailed pursuant to paragraph D.3 herein fails to claim an impounded animal within five (5) days of the mailing of the certified letter, or receipt of personal service, the Division shall cause notice of the animal's impoundment to be published once in a newspaper of general circulation within the county informing any concerned person of the impoundment between six (6) and fifteen (15) days of the impoundment. 5. If an animal impounded pursuant to paragraph D.1 herein is not claimed within fifteen (15) calendar days from the impoundment, the impounded animal may be disposed of in a manner according to law.
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