A. It shall be unlawful for the owner or person having charge of any animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the City other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immediate steps to remove and properly dispose of said feces.

B. It shall be unlawful for the owner or person having charge of any animal to take said animal off the private property of said person without having in the possession of the owner or person having charge of the animal, a proper means of disposal for the feces of the animal.

C. “Disposal” is defined, for the purpose of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal.

D. Violation of this section shall constitute a civil infraction punishable by a fine in an amount not to exceed $75.00 for the first offense, a fine in an amount not to exceed $125.00 for the second offense and a fine in an amount not to exceed $250.00 for the third and all subsequence offenses. [Ord. 360 § 1, 2004.]