The HOA Board has fielded numerous complaints of unleashed pets as well as un-removed feces. With the increase number of homes comes an increase in dogs being walked throughout the neighborhood. With unleashed pets incidences are increasing. The feces problem are not just in resident properties but in the common area’s as well. We have many children whom play in these area’s where the feces present a hazard.
Since these two problems are covered by Trussville City ordinances, complaints should be directed to the animal control or police department, not the HOA.
The HOA covenants stipulates (read below) a two pet limit and forbids the housing any livestock or commercial breading of any kind.
City Leash Ordinance
Section 10-52
General prohibitions and duties—Running at large.
No owner or any person having charge of control of an animal shall cause or permit such animal to run or be upon a street, sidewalk, thoroughfare, alley or public place within the city unless such animal be attached to a leash in the hands of such owner or other person in charge, or be restrained by other control device; provided however, that such owner or person in charge be of sufficient age, training, and physical capabilities to maintain complete control of said animal.
Duty of owner for removal of feces.
It shall be the duty of the owner or person in charge of any dog, cat, or horse to remove and dispose of any feces deposited by said animal upon the grounds of any public park or public place, upon any residential lot or another occupied for human habitation, upon any lot utilized for commercial or industrial purposes, or upon any right-of-way adjacent thereto. It shall be unlawful for any person to fail or refuse to remove such feces upon demand by the owner or occupant thereof or by any animal control officer, law enforcement officer, or other duly designated agent or employee of the city; provided, however, that no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made before and summons and complaint or warrant issued by a municipal judge or magistrate.
HOA Covenants
3.16 Household Pets. No animals, livestock, birds, poultry, reptiles or insects of any kind shall be raised, bred, kept or boarded in or on the Dwellings; provided that the Owners of a Dwelling may keep up to a total of 2 [two] dogs, cats or other domestic animals which are bona fide household pets, so long as such pets are not kept for any commercial purpose and are not kept in such number or in such manner as to create a nuisance to any resident of any of the Dwellings. The Association shall have, and is hereby given, the right and authority to determine in its sole discretion that dogs, cats or other household pets are being kept for commercial purposes or are being kept in such number or in such manner as to be unreasonable or to create a nuisance, or that an Owner is otherwise in violation of the provisions of this Section, and to take such action or actions as it deems appropriate to correct the same. Any animals outside of the fenced area within a Dwelling must be on a leash and the Owner or custodian of such animal shall be responsible for the immediate cleanup of the animal’s droppings. An Owner’s right to keep household pets shall be coupled with the responsibility to pay for any damage caused by such pets, as well as any costs incurred by the Association as a result of such pets, and any such costs and damages shall be subject to al of the Association’s rights with respect to the collection and enforcement of special Assessments as provided in Section 8.4 hereof.