(A) Definitions. For purpose of this section, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
(1) “AT LARGE.” Any dog that is (a) not under control by means of a collar, leash, electronic collar/leash, or other device so that the dog cannot stray from it’s owner’s custody and on property open to the public, or on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained in writing; a dog is not “at large” if it is within a public dog park and is in full compliance with the rules and regulations of such dog park;
(2) “HARBOR.” To provide food or shelter to any dog or to have possession, charge, care, custody, or control of any dog;
(3) “IMPOUNDMENT” or “TO IMPOUND.” To be in the control and custody of the Madison County Animal Shelter. The “impound period” shall be consistent with the period by the Madison County Animal Shelter.
(4) “OWNER.” Any person who has temporary or permanent custody of, or who harbors or keeps, or has any property rights in, or exercises any control over, any dog. If any dog found in violation of this section is owned by a person under eighteen (18) years of age, the owner shall be deemed to be the parent or guardian of such person or the head of the household in which said person resides;
(5) “SEIZURE.” Capturing or taking a dog into custody, either by a police officer, other peace officer, or dog control officer.
(B) Restrictions. It shall be unlawful for any owner or person having possession, charge, care, custody, or control of any dog to fail to keep such dog exclusively upon the premises of said owner or person having possession, or on the private premises of another with prior written consent provided, however, that a dog may leave such premises only if:
(1) A dog is under restraint by virtue of being in the custody of a person able to restrain and control the dog and held by a leash, chain, electronic collar/leash, or other device of sufficient strength to maintain control of the dog by that person; or
(2) A dog is under direct control by virtue of being held within a secure enclosure, either physical or electronic; or
(3) A dog is a police work dog in use for police work or seeing eye dog.
(C) Licensing and Vaccination; Proof required. It shall be unlawful for any owner or person having possession, charge, care, custody, or control of any dog to fail to license and register the dog; to provide and keep current vaccination shots for rabies and other communicable diseases; and to attach to the dog proof of registration, vaccination, with name of owner, address, phone number, if any, and name of dog.
(D) Sanitation.
(1) Any owner or other person who has custody or control of a dog on public property, including any public dog park, shall clean up any solid waste or feces from the dog and dispose of it in a sanitary manner by placement in designated waste receptacles or other suitable container, or disposed of into a system designed to convey domestic sewage for proper treatment and disposal.
(2) It shall be the duty of the owner or other person who has the custody or control of a dog on public property to have in his or her possession suitable equipment or supplies to pick up, remove, and dispose of the animal waste or feces.
(E) Enforcement.
(1) Any dog found in violation of sub-section (B), (C) or (D) of this section, or § 51.203 of this Code, shall be subject to seizure and impoundment. Seizure may take place upon the property of the owner or person having possession of the dog if probable cause exists that the animal has violated this section with the past thirty (30) days. This section shall be enforced by any dog control officer, peace officer when acting pursuant to his or her special duties, or police officer in the employ of the city.
(2) Every dog impounded shall be properly cared for, sheltered, fed, and watered for the redemption period set forth herein;
(3) Impounded dogs may be redeemed by paying the fines and any impound fee set by the animal shelter and producing proof of compliance with the licensing and vaccination provisions of sub-section (C).
(4) If the owner of any unredeemed dog is known, such owner shall be required to pay the impound fee whether or not such owner chooses to redeem his or her dog.
(5) Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the policies of the Madison County Fiscal Court.
(6) If after the redemption period has expired, a dog has not been claimed by the owner, the dog control officer has the authority to offer the dog for adoption for the adoption fee to be set by the animal shelter, plus any required licensing fee.
(F) Complaint. Any person who observes a dog in violation of any provisions of §§ 51.100
-51.211
may file a written complaint under oath with the Madison County Attorney, specifying the nature of the violation, the date thereof, a description of the dog, and the name of the residence, if known, of the owner of the dog. Such complaint may serve as the basis for enforcing the provisions of this section.
(H) Penalty. Any person convicted of a violation of this section shall be deemed to have committed a violation and shall be subject to a maximum fine for the first offense of two hundred-fifty dollars ($250.00) and a maximum fine of five hundred dollars ($500.00) for any subsequent offense. Violations by individual dogs shall constitute separate violations.
(Ord. No. 8-99, 6-1-99; Am. Ord. No. 07-2021, § 1, 4-20-21)