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This public notice was created by the City of Chester in an effort to stimulate community awareness about the amendment of Chapter 5 (Animal Ordinance) of the 1995 Code of Ordinances.  Animal Ordinance  amendment was passed and approved by City Council on July 13, 2009 to ensure a safe and happy environment for our community.  The following is a brief outline of Animal Ordinance amendments for Chapter 5:

SECTION 9.   Section 5-34 Nuisances prohibited shall be amended as follows:

a) It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner so as to constitute a public nuisance.  By way of example, and not of limitation, the following acts or actions by an owner or possessor of any animal are hereby declared to be a public nuisance and unlawful:

1) Failure to exercise sufficient restraint necessary to control an animal from trespassing on the properties of the other residents.

2) Allowing or permitting an animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens or flowers.

3) Maintaining a dangerous animal in a manner other than that which is permitted by this article.

4) Maintaining an animal in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animal or the public health, welfare or safety.

5) Maintaining 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 the animals on the property.

6) Allowing or permitting an animal to bark, whine , or howl in an excessive, unwarranted and continuous or untimely fashion, or make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises.

7) Maintaining an animal that is diseased and dangerous to the public health.

8) Maintaining an animal that habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, bicycles or vehicles.

b) A pet which has been determined to be a nuisance by the animal control officer may be impounded and may not be returned to the owner until said owner can produce evidence to demonstrate that the situation creating the nuisance has been abated.

SECTION 10. Section 5-35 Restraint requirements shall be added as follows:

5-35  Restraint requirements

The owner or keeper of every dog shall keep the animal under restraint at all times.

a) The chain or tether of any dog chained or tethered shall be at least ten (10) feet in length and have swivels on

 both ends and allow the animal free access to food, water and shelter.

b) Any chain or tether must be attached to a properly fitting collar or harness worn by the dog and shall weigh no more than ten percent (10%) of the dog's estimated body weight.

c) All collars used for the purpose of chaining or tethering an animal must be made of nylon, leather, or other durable and non-metallic material and must be fitted so as to not cause injury to the animal or become embed in the animal's neck.

d) Use of a chain, choke, or pinch collar as a primary collar is prohibited.

e) Any dog that is chained or tethered to a stationary object must be a sufficient distance from any other objects or debris so as to prohibit any tangling of the tether or from extending over an object or an edge that could result in injury or strangulation of the animal and be of sufficient distance from any fence so as to prohibit the animal access to the fence.

No animal shall be permitted to be on school grounds, shopping areas, public parks, roads or streets unless on a leash and subject to control by its owner or other person at all times.

Any person walking or owning an animal is required to clean up any waste deposited by the animal on public property or the private property of anyone other than the property of the animal's owner.

 SECTION 12.  Section 5-37 Penalties shall be added as follows:

5-37 Penalties

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon

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