A. The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which is by habitual howling, yelping, barking or other noise causing a disturbance or annoyance to any person, is unlawful and is a public nuisance, with each day that such act is continued constituting a separate offense. It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal or fowl committing such act is a public nuisance. Any dog whose owner is cited under this section because of disturbances caused three or more times within any twelve-month period is a public nuisance.

B. Whenever an animal control officer has reasonable cause to believe that a public nuisance as defined in this section exists, he may conduct an investigation of such alleged nuisance.

C. If, upon investigation, an animal control officer determines that an animal is a public nuisance, he may declare it to be such and may issue an order to the owner of the offending animal directing that the nuisance be abated. In the event that the owner does not comply with the abatement order, the animal control officer may immediately refer the matter to the city attorney or district attorney for prosecution of the public nuisance or take such other action as allowed by law to mitigate the public nuisance.

D. If the owner of any animal declared to be a public nuisance fails to comply with an abatement order of an animal control officer and has been convicted of violating this section three or more times within a twelve-month period, the animal control officer may issue an order directing the owner to appear at a hearing before the city council, to show cause why the owner of the animal should not be required to surrender the animal to the animal control officer. At the conclusion of the hearing, the city council may order that the animal be surrendered and/or destroyed, or order such measures as the city council deems necessary to abate the nuisance. Any violation by the animal’s owner of the council’s order is a misdemeanor punishable as provided in Chapter 1.08, and upon conviction thereof the owner shall surrender the animal to the animal control officer for disposal.

E. The breeding and/or raising of fowl, as defined in Section 6.04.010, for domestic, hobby, food or scientific purposes is not allowed in areas of the city of Wasco except in zones designated A-E (exclusive agriculture), A-L (limited agricultural) or R-R (rural residential). (Ord. 587, 2009; Ord. 586 §2 (Exh. A), 2009; Ord. 460 §1, 2002; Ord. 328 §3, 1987).