(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOG. Any and all domestic canines.
IN ESTRUS. A female dog in what is commonly called “heat”.
NIGHTTIME. The time from one hour after sunset until one hour before sunrise.
OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge or taking care of any animal or allowing any animal to remain on his, her or their property for 120 hours.
OWNER’S PROPERTY. The owner’s property is that area described in a deed of conveyance or the area described in a lease. In a situation involving townhouses or condominiums, Animal Control will treat the “common areas” as being owned by the homeowner’s association. In a situation involving leased apartments, animal control will treat the “common areas”, as being owned by the lessor/property owner.
PRIOR COMPLAINTS. Any prior verbal or written complaint to Animal Control about a specific dog being at large, or any verbal or written complaint about any dogs of an owner being at large, shall constitute a PRIOR COMPLAINT.
RESTRAINT. A dog is under RESTRAINT if it is:
(a) Inside a secure enclosure that is size appropriate for the dog contained with sides of sufficient height and depth to prevent the animal from jumping, climbing or digging out of the enclosure;
(b) Inside the primary residence of the owner/harborer when on the owner’s/harborer’s property;
(c) Controlled by a leash of sufficient means to restrain the dog and under control of a competent person when outside a secure enclosure or home;
(d) Inside an area on the owner’s property secured by a functional, properly maintained electronic fencing device;
(e) Within the passenger area of a vehicle, restrained in a safe manner to prevent the dog from jumping over the sides or out of an open bed truck, or in a secure enclosure on a vehicle or trailer;
(f) Under the control of a licensed hunter while said dog is in the act of hunting or training for hunting, as regulated by the state’s Wildlife Resources Commission;
(g) Participating in an animal show, competition or field trial;
(h) Sufficiently near the owner or a competent handler on the owner’s property to be under his or her direct control while playing with or socializing with the dog and the dog is obedient to that person’s commands;
(i) Tethered by means of a size appropriate chain, cable or like device not less than eight feet in length with swivel fasteners at both ends of the tether. Tethers shall be fastened to a collar (not choke or pinch collar) or harness on the dog and attached to a D-ring on the collar or harness. It shall be unlawful to tether a dog in such a manner as to cause injury or pain or not permit it to reach shelter, food and water; or
(j) On the owner’s property that is three acres or greater and remains under the control of its owner on that parcel of land. Under these conditions, the dog does not have to be actively restrained by means of a fence, tether or other secure enclosure if control can be maintained and the dog is restricted to the owner’s property.
(B) Authority. An animal control officer may, at his or her discretion, order a more restrictive restraint requirement if circumstances require and it is not detrimental to the health, safety or welfare of the dog.
(C) Exemptions. Exemptions to this section are law enforcement working canines, service dogs, search and rescue dogs and HRD (human remains detection) dogs.
(D) Private remedies. Nothing in this section shall prevent a private citizen from suing the owner of a dog, which has caused injury to said private citizen or his or her property, for damages or any other loss resulting from a dog being at large.
(Ord. 17-3, passed 8-8-2017) Penalty, see § 10.99