A. It is unlawful for any owner to permit the accumulation of animal feces on the premises on which the animal is kept such that it is detectable visually or odoriferously by a person with a normal sense of smell from any adjoining lot, parcel, or tract of land not owned by the owner of the animal.

B. It is unlawful for any owner to fail to confine pet animal feces, and any part thereof, within the perimeters of the premises on which the animal is kept, regardless whether such failure is the result of natural causes, such as surface water flow, or other causes.

C. No person shall be charged with a violation of this section unless a minimum of two (2) written warnings for separate violations have been given at least seventy two (72) hours prior to the issuance of the summons and complaint or penalty assessment notice (if applicable). The name and address of the complainant shall appear on the written warning. An owner shall be deemed to have been issued and received a written warning as required by this subsection if the warning is personally served upon the owner, posted on the owner's premises, or placed in the U.S. mail, postage prepaid and addressed to the owner according to the last address given by the owner to obtain a dog license, or to such other address as may be on file for the owner with any government agency.

D. An accumulation of animal feces as described in subsection A of this section is declared to be a public nuisance and, at the discretion of the police chief, may be prosecuted as a public nuisance as provided in title 5, chapter 1 of this code. (Ord. 28, Series 2014)