For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC NUISANCE.
(1) A dog is a PUBLIC NUISANCE if it:
(a) Bites or nips a person or a person’s clothing or effects unless the person is illegally assaulting the dog or the dog’s owner/keeper, or if the person provokes the dog by trespassing on the owner’s/keeper’s premises;
(b) Chases vehicles, persons, or other animals of any kind on property that does not belong to the owner/keeper of the dog;
(c) Causes damage or destroys property that does not belong to the owner/keeper of the dog;
(d) Turns over garbage cans, tears open garbage bags, and/or scatters garbage;
(e) Trespasses on private property of persons other than the owner/keeper of the dog;
(f) Disturbs a resident or business by excessive barking, howling, whining, or noise. A dog shall not be considered a PUBLIC NUISANCE under this subchapter if it barks at a person or animal trespassing on the property of the owner/keeper; and/or
(g) Impedes or disrupts the flow of traffic on a public or private roadway or access way or causes conditions thereupon or in any way becomes a traffic hazard for any length of time.
(2) No person, owner, or keeper shall allow a dog to become a PUBLIC NUISANCE.
RUNNING AT LARGE.
(1) A dog is considered to be RUNNING AT LARGE when it is not on the premises of the owner or keeper, and is not restrained by a rope, line, leash, chain, or other similar means.
(2) A dog is considered RUNNING AT LARGE if it is free upon a road, street, highway, sidewalk, shared access way, common area, parking area, parking lot, or other area open to physical access by the public.
(3) No person, owner, or keeper shall allow a dog to RUN AT LARGE.
(4) An officer may capture and detain any dog running at large and confine such dog(s) in the County dog control facility until such time as the owner/keeper can be identified. The dog(s) may be released to such owner/keeper provided the owner/keeper provides proof of current County licenses for the dog(s). The owner/keeper is obligated to pay a fee as set by City resolution for each dog confined in the City kennel, for each day or part day each dog is confined. This fee is to offset the cost for the feeding and care of the dog. If an owner/keeper cannot be identified, the dog(s) shall be turned over to the County dog control. When a dog is placed with County dog control, the owner or keeper is responsible for any fees charged by them.
VICIOUS OR DANGEROUS DOG.
(1) Any dog:
(a) Which bites a human being, livestock, or domestic animal;
(b) Which puts a human or domestic animal in apprehension of imminent harm or risk, or exposes them to possible injury or harm, regardless of whether it was done in a playful or hostile manner;
(c) Which has inflicted previous injury to a human without provocation, or injured or killed an animal while off the property of the owner/keeper;
(d) Owned or harbored primarily or in part for the purpose of dog fighting or training for dog fighting has caused injury, serious injury, or possible death to a human or animal without provocation;
(e) Having a demeanor, fault, flaw, or defect that causes it to act in an unreasonable aggressive manner; or
(f) That has been found to have bitten any living thing two or more times in a two year period, which caused physical injury to person(s) or animal(s), and said bites have been documented with appropriate authorities, then a refutable presumption exists that the dog is dangerous and may not be kept.
(2) No person, owner, or keeper shall keep a VICIOUS OR DANGEROUS DOG.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999