If any animal under your control acts in any manner to be declared an annoyance or nuisance by the Booshway & Watch Captain, you will be asked to remove the animal from any and all premises controlled under lease by the National Rendezvous and Living History Foundation. This includes pets being kept in the modern area (No pets are allowed in any of the primitive areas) and ADA service dogs in all areas when the service dog is out of control and the handler does not take effective action to control it. In either case, once the animal has been removed, the owner/handler will have the opportunity to continue rendezvous without the animal’s presence.
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
Nuisance: is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A private nuisance would be the disturbance of rights in land that affects a person or small group. A public nuisance refers to the disturbance of rights in land that affects a large group or community.
Annoyance: A person, animal or thing that annoys; nuisance: (Barking dogs are an annoyance.)
· An act or instance of annoying.
· The feeling of being annoyed.
An animal annoyance becomes a legal nuisance when the noise, odors, or any other objectionable characteristics of the animal begins to offend a reasonable person, or interferes with someone’s enjoyment of property. Definitions can be limited to excessive barking or expanded to include other issues. Following are some examples:
Example #1 Nuisance noise from a dog is defined as barking or whining for more than 5-minutes in any 1-hour period.
Example #2 Excessive barking is barking that is persistent and occurs for an extended period of time or on a repeated basis. When determining if barking is a violation, consideration will be given to the time of day, duration and frequency of barking.
Example #3 No animal shall be allowed to unreasonably annoy persons, to endanger the life or health of other animals or persons, or to substantially interfere with the quiet enjoyment of others. Pet owners shall be deemed in violation if their pets:
· Consistently or constantly makes excessive noise;
· Cause damage to or destruction of another's property;
· Cause unsanitary, dangerous or offensive conditions, including the fouling of the air by offensive odor emanating from excessive excrement; or
· Create a pest, parasite or scavenger control problem which is not effectively treated.
Example #4 Animals will be deemed a nuisance that commit acts which include, but are not limited to, the following:
· Any dog that chases, runs after, or jumps at vehicles moving on streets, alleys or designated roadways.
· Any dog that attacks, bites or injures a person, or snaps, growls, snarls, jumps upon or otherwise threatens persons without provocation. These acts shall be considered a violation whether or not the dog is confined by fence, chain or leash, or under the voice control of a responsible person.
· Any animal that howls, yelps, whines, or barks in such a manner as to unreasonably disturb any person.
· Any animal that feeds from, turns over, or otherwise disturbs garbage containers.
· Any animal that scratches or digs or otherwise damages the property of another person.
· Any dog or cat that goes onto the property of another or onto common areas to attack another animal or fowl.
· Cats or dogs that crawl upon, sleep on, scratch or otherwise soil the property of another person.
Adopted 12/16/2018
