8.02.100 Nuisance Animals.
(1) Any animal which does any of the following shall be deemed a nuisance:
(a) Causes unreasonable fouling of the air by odors.
(b) Defecates on any public street, sidewalk, park, or building, or on any private property without the consent of the owner of the property, unless the owner or custodian of the animal shall immediately remove and lawfully dispose of any such defecation.
(c) Barks, whines, or howls or makes other disturbing noises in an excessive, continuous or untimely fashion.
(d) Threatens passers-by threatening, nipping, chasing, jumping upon or biting without breaking the skin.
(e) Trespasses upon school grounds or upon private property in such a manner as to cause damage thereto.
(f) Is for any reason not described above, offensive or dangerous to the public health, welfare or safety.
(g) Chases passing runners, bicycles or motor vehicles.
(2) An animal control officer may summarily impound a dog, which is barking excessively and no owner or custodian of the dog is present to control the dog. Excessive barking shall mean a dog barking, baying, crying, howling or making any other noise continuously for a period of ten (10) minutes, or barking intermittently for one-half (1/2) hour or more to the disturbance of any person at any time of day or night regardless of whether the animal is physically situated in or upon private property. Provided, however, that an animal shall not be in violation if, at the time the animal is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the animal is teased or provoked.
(3) If an animal is impounded without the knowledge of the owner or custodian, notice that the animal has been impounded shall be given to the owner or custodian of the animal, if the same is known, by attaching a notice to a door at the residence thereof or by mailing a notice thereto.
(4) If no response is received to a notice given pursuant to Subsection (5) of this Section within five (5) working days (excluding weekends and holidays) after it is placed on a door or mailed, the animal shall be disposed of as an abandoned animal.
(5) An animal summarily impounded pursuant to Subsection (2) of this Section may be recovered by the owner or custodian paying a reasonable boarding fee. If the owner or custodian disputes payment of the boarding fee, the owner shall be entitled to a hearing pursuant to the provisions of Section 3.06.010, Provo City Code. If, for any reason, the impounded animal was not a nuisance when it was impounded, the animal shall be released to the owner or custodian without any charge
(6) It shall be unlawful for any person to possess, harbor or own any animal which is a nuisance except that a university may possess and use feral cats for a bonafide education or scientific research project. Before their release, all feral cats so used shall be spayed or neutered at the expense of the university.