§ 16-8.  Public nuisances prohibited.
A. 
Animal care constituting a nuisance. It shall be unlawful for any person to own, keep, or maintain 
a companion animal in such a manner as to constitute a public  nuisance as defined herein. 
(1)
Maintaining animals in an unsanitary environment that results in odors considered
excessive to a reasonable person; or, in an environment that is dangerous to the animal or
to the public health, safety, welfare; or failure to maintain a condition of good order and
cleanliness that reduces the probability of transmission of disease.
(2)
Maintaining the owner’s property in a manner that is offensive, annoying or dangerous to
the public health, safety or welfare of the community because of the number, type,
variety, density, 
or location of animals on the property.  This includes the keeping,
possessing, or harboring of wild or feral animals that threaten the public health, safety or
welfare.
(3)
Maintaining an animal that is diseased and dangerous to the public health.
(4)
Harboring, keeping, owning, or possessing an animal that is at large or is repeatedly at 
large.
B.
Animal behavior constituting a nuisance.  It shall be unlawful for an owner to permit an animal to
habitually do the following, but not limited to: chases bicycles, motor vehicles or pedestrians,
damages private or public property, turns over garbage cans, deposits feces on another's private
property or on public property, or an animal running at-large. The prohibition against running at-
large does not apply to animals in designated off-leash areas.
C.
In addition to any other enforcement remedies available under this Chapter, if an Animal
Enforcement Officer determines an animal to be a nuisance under this section, then such officer is
authorized to order the owner to confine such animal  in accordance with the Animal Enforcement
Officer's instructions, including a permanent above-ground fence or tethering or chaining inside a
fence; this does not include natural barriers. It shall be unlawful for the owner to fail to comply 
with such an order or with the instructions in the order. In addition, any animal determined to be a 
nuisance under this section must be micro chipped within 10 days of the nuisance determination.
Animal Enforcement is allowed to make periodic inspections.
D.
Animal Owners, where nuisances have been determined, shall be notified and ordered to abate
said nuisance within 5 days by whatever means necessary. Failure to comply within this time
frame shall constitute a separate offense for each day thereafter. No civil penalty shall accrue
during the 5 day warning period.
E.
Reporting.  Upon receipt of a detailed complaint to Animal Enforcement, the owner shall be 
notified by certified or registered mail or by hand delivery.
F.
Appeal.  The owner shall have 3 days to appeal the nuisance determination to the Animal 
Services Appellate Board.
G.
Nothing in this provision is intended to conflict with the Henderson County Nuisance Ordinance, 
Noise Ordinance or other applicable section of the Henderson County Code.
H.
In addition, any animal determined to be a nuisance under this section must be micro chipped at
the owner’s expense within 5 days of the nuisance determination or appeal determination.