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 Jacksonville
 Code of Ordinances
 Title XIII. HEALTH CODE
 Chapter 462. ANIMALS
 Part 3. NUISANCES

  § 462.304. Habitual nuisance.  

Latest version.

  • (a)

    It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a nuisance by running at-large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing upon private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually, or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance.

    (b)

    For the purpose of this Section, "habitually" means at least two separate occurrences within a time period of no more than one month; except that barking habitually, or making other objectionable animal noises habitually, means making the sound persistently or continuously for at least 30 minutes occurring at least three separate times within a period of no more than eight hours. For the purposes of this Section, "persistently" or "continuously" shall mean nonstop utterances for 30 consecutive minutes with interruption of less than 30 seconds at a time during the 30 minute utterances.

    (c)

    The animal control officer may cite the owner or any person having custody of such animal(s) for violation of this Section when either the citing animal control officer has witnessed the commission of such habitual nuisance or the animal control officer has received at least one sworn affidavit from each of at least two unrelated adult witnesses from different residences so that taken together, the affidavits attest to the committing of a nuisance pursuant to this Section.

    (d)

    Each violation of this Section shall be punishable by a fine of not less than the amount designated in Chapter 462, Part 18. A subsequent violation of this Section occurring ten or more business days after a previous citation for violation of this Section shall be considered a separate and distinct violation.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 4)