(A) The owner or person having charge of any animal within the town limits shall at all times keep the animal confined upon the premises of the owner or person in charge or under absolute physical control when off the premises. In the event the animal is being walked on a leash or lead, the leash or lead shall not exceed ten feet in length. The running at large of any animal off the premises of the owner or person having charge of the animal is prima facie evidence of failure to keep an animal confined in violation of this section, and the owner or person is guilty of:
(1) A state violation as described under § 95.51(B), if applicable; or
(2) If the animal is a dog, and is permitted to run at large without any human accompaniment and supervision whatever, a state violation (Class C infraction) under I.C. 15-5-9-13.
(B) For any other violation of this section, the person shall be liable to penalties as prescribed by § 10.99, except that if the offender has previously been convicted under this section, then such a violation of this section is aggravated failure to keep an animal confined and the person shall be liable to penalties as prescribed by § 10.99.
(`86 Code, § 3-5-6) (Ord. passed 7-17-84; Am. Ord. 86-C5, passed 7-15-86) Penalty, see § 10.99