618.01 DOGS, CATS AND OTHER ANIMALS RUNNING AT LARGE.

   (a)   No person shall knowingly or negligently allow any dog, cat or other domestic animal owned, kept or harbored by such person to run at large upon any public way or upon the property of another.

   (b)   An animal is presumed to be running at large if such animal is not within an enclosed area or securely attached to a physical restraint or leash of a size and type necessary to control the behavior of such animal. While upon any public way or property of another, such physical restraint or leash shall not be more than fifteen feet in length and shall be held in the hand of a person in a manner which continuously controls the animal.

   (c)   It shall be an affirmative defense to a violation of this section that the animal was:

      (1)   Securely confined in a vehicle or cage which was adequately ventilated while off the premises of the owner;

      (2)   Being used for lawful hunting purposes or training for the purpose of hunting while accompanied by a license number;

      (3)   Being exhibited at a public show, zoo, museum or public institution;

      (4)   Engaged in activity expressly approved by the laws of the State; or

      (5)   Owned by a public law enforcement agency or licensed private law enforcement agency or member thereof and the animal was being utilized for law enforcement purposes.

   (d)   The running of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.

   (e)   The owner, keeper or person having charge of a dog, cat or other animal shall remove all matter excreted by such dog, cat or other animal upon any property not belonging to the owner, keeper or person having charge of such animal.

   (f)   Enforcement of this Section 618.01 as it pertains to cats shall be driven only by complaints received by the City.

   (g)   Penalty.

      (1)   Whoever violated this section by dogs or other animals running at large, except cats if prior to January 1, 2005, shall be guilty of a minor misdemeanor.

      (2)   Whoever violates any provision of this section as it pertains to cats shall receive a warning for a first offense until January 1, 2005.

      (3)   Whoever violates any of this section for a second or subsequent offense shall be guilty of a misdemeanor of the fourth degree.

      (4)   In a hearing under this chapter, a certified copy of the records of the County Auditor as to the issuance of a dog license shall be prima facie evidence of ownership.

      (5)   The Court may suspend up to one half of the prescribed penalty for any violation of this section which involves a neutered or spayed animal.

         (Ord. 2004-175. Passed 10-11-04.)