§ 4-4. Acts tending to cause congregations of animals.

(a)

Permit required. It is unlawful for any person to directly or indirectly perform any act which is reasonably certain to cause the assembly of any animals or fowl on the streets, sidewalks or public thoroughfares of the City for any purpose, without first procuring a permit therefor from the POD. Nothing in this subsection shall be construed to prohibit any person from feeding any animals or fowl or performing any humanitarian act or kindness with respect to animals or fowl so long as such act is performed within the boundaries and limitations of any City parks and is not in violation of any park rule, the municipal pier or other place which is consistent with or which has been set aside for the propagation and care of animals or fowl. Nothing in this subsection shall be construed to prohibit or limit any person from performing any such act on property which is leased or owned by such person so long as the act does not result in a public nuisance.

(b)

POD to issue permit. The POD shall not issue any permit required by subsection (a) of this section unless the animals or fowl to be assembled shall be regulated and controlled in such a manner as to ensure the cleanliness, sanitation and beauty of the City streets, sidewalks and public thoroughfares, the free passage thereon of vehicular and pedestrian traffic and the maintenance of the public health, safety and welfare.

(c)

General prohibition. No person shall damage, befoul or disturb; or act in a manner that the individual knows or should know will cause any wild or domestic animal or bird to damage, befoul or disturb, public or private property of another so as to create an unsafe, unhealthy, or unsanitary condition.

(Code 1973, §§ 8-14, 20-11(b)(4); Code 1992, §§ 4-4, 19-1; Ord. No. 540-G, § 1, 6-20-2002)