(a) Animals Running at Large.
(1) No person, being the owner, keeper or harborer of any dog, cat or other animal, shall permit such animal to run at large within the limits of the municipality, except as may be provided hereafter. Unauthorized entry by such animal upon any private premises or upon any public street or land shall constitute running at large within the meaning of this section.
(2) 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, not more than 6' in length, and of a size and type necessary to control the behavior of such animal.
(3) While upon any public way or property of another, such animal must be under the reasonable restraint and control of a responsible person. “Reasonable restraint and control” means restraint which conforms to the animal’s weight, size and strength and to a person who is of suitable age, size and strength to control such animal.
(4) No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat, unless the dog is under a proper restraint.
(b) Confinement of Animal.
(1) The owner, keeper or harborer of any dog, cat or other animal shall at all times keep the animal either physically confined or restrained upon the premises of such owner, keeper or harborer by a leash, chain, adequate fence or secure enclosure necessary to prevent the animal from leaving the premises of the owner, keeper or harborer. Any method of containment is not considered sufficient during any period of time that the method of containment fails to properly secure such animal.
(2) Any owner, keeper or harborer of an animal relying upon an electronic fence, “Invisible Fence” or similar containment system must post visible signage evidencing that such containment system is in place. It shall not be a defense to a charge under this section that the electronic fence or containment system was not working or that it failed to keep an animal from leaving the owner’s premises.
(c) Presumption of Animal Owner, Keeper or Harborer. A person shall be presumed to be the owner, keeper or harborer of an animal if such person does or permits any of the following:
(1) Knowingly allows any animal to remain upon his or her property more than 24 hours;
(2) Knowingly or recklessly feeds such animal food or water on a regular basis for more than 24 hours;
(3) Knowingly restrains such animal from leaving his or her property for more than 24 hours; or
(4) Knowingly accepts responsibility for the care of another person’s animal.
(d) Limitation on Number of Dogs and Cats.
(1) No more than two (2) dogs or two (2) cats or (2) other similarly-sized animals (except for puppies or kittens not over three months old) may be kept in a single family dwelling or in any separate unit of a multiple family dwelling or apartment within the Village.
(e) Maintenance of Animal Waste.
(1) Any animal waste (feces) caused by a dog, cat or other animal upon any public land or right of way or upon private property, other than that of the owner or person in charge of such animal, creates an unsanitary and unhealthy condition and constitutes a nuisance.
(2) Any person, having control or charge of a dog, cat or other animal, while away from such person’s premises, shall have on their person an appropriate container for removing such animal waste. Further, any person having control or charge of such animal shall be responsible for the immediate removal of any animal waste caused by such animal.
(3) No person shall leave or dispose of any animal waste on any property, public or private, other than in an appropriate receptacle or upon the property of the owner or person in charge of such animal.
(4) A blind person who relies upon a guide dog may be exempt from the provisions of this section upon application to the Village Administrator.
(f) Exceptions. It shall be an affirmative defense to a violation of this section that the animal was:
(1) Owned by a public law enforcement agency or licensed private law enforcement agency, or authorized member thereof, and the animal was being utilized for law enforcement purposes.
(2) Owned or kept by a person who is legally blind or has some other disability which requires the use of a dog or other animal for the express purpose of aiding such person.
(g) Penalties.
(1) Whoever violates any provision of this section shall be guilty of a minor misdemeanor for a first offense.
(2) Whoever violates any provision of this section for a second or third offense shall be guilty of a misdemeanor of the fourth degree.
(3) Whoever violates any provision of this section for more than a third offense shall be guilty of a misdemeanor of the third degree.
(Ord. 08-06. Passed 3-27-08.)