§ 90.02 RESTRAINT OF ANIMALS.
   (A)   An owner shall not allow any animal owned or regularly kept by that owner to run at large within the town. Any animal found running at large shall be subject to impoundment by an Animal Control Officer.
   (B)   In addition to having their animals impounded, owners of animals running at large may be issued a violation notice and be subject to monetary penalties as provided for herein.
   (C)   It shall be the duty of every owner to exercise reasonable care and to take all necessary steps to protect other people, property and animals from injuries or damage that might result from their animal’s behavior.
   (D)   It shall be the duty of every owner of a dog to ensure that the dog is restrained to the owner’s property and remains:
      (1)   Securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump or otherwise escape; and that such enclosure is securely locked at all times the dog is left unattended.
      (2)   Securely and humanely restrained by chain, cable, trolley or other tether of sufficient strength to prevent its escape.
      (3)   On a leash and under the control of a competent person; or off a leash and obedient to that person’s command, and that person is present with the animal any time it is not restrained as provided for in division (D)(1) or (2) of this section while on its owner's property.
   (E)   The following additional precautions shall be taken by owners of vicious or dangerous dogs:
      (1)   In addition to the requirements in division (D)(1) of this section, the owner of a dangerous or vicious dog who maintains the dog out-of-doors shall enclose the entire area where the dog is kept with a perimeter fence. Within this perimeter fence, the vicious or dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the perimeter fence. The kennel or pen must have secure sides and a secure top attached to all sides. The sides must either be buried 2 feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel shall be of the inward-opening type and shall be kept locked, except when tending to the animal’s needs such as cleaning the kennel or providing food and water.
      (2)   Whenever the dog is outside of its enclosure, as provided for in this division, but on the owner’s property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape. The leash shall be no longer than 10 feet, and the animal must be kept at least 15 feet within the perimeter boundaries of the property unless the perimeter boundary is securely fenced.
      (3)   No vicious or dangerous dog shall be chained, tethered or otherwise tied to any inanimate object such as a tree, post or building, outside of its own enclosure as provided for in this division.
   (F)   The owner of any guard dog or watchdog must confine it within a perimeter fence and meet the following conditions:
      (1)   The fence shall be sufficient to prevent the dog’s escape, with all points of ingress and egress securely locked at all times.
      (2)   A beware-of-dog sign shall be conspicuously displayed on each exterior side of the enclosure for each 50 feet of enclosure, with a minimum of 2, as well as a sign on each ingress or egress point to the enclosure. Signs shall be a minimum of 140 square inches.
   (G)   The chaining of dogs is discouraged, but permitted in strict compliance with the following:
      (1)   The dog must be able to reach fresh food and water 24 hours a day.
      (2)   The chain must be at least 12 feet in length.
      (3)   The weight of the chain must not cause undue stress or injury to the dog’s neck or body.
      (4)   The chain must be attached in a manner so that it cannot wrap around vertical items such as a barrel, pole or tree, and must move freely in all directions.
      (5)   The dog must have easy and convenient access to adequate shelter 24 hours a day.
      (6)   The shelter or doghouse must be kept clean, sanitary and in good repair so the dog does not injure itself on nails, wood pieces, metal pieces, and the like. A shelter from weather must be provided during all seasons of the year.
   (H)   Public nuisance animals. Any public nuisance animal may be impounded and/or its owner cited for a violation of this chapter.
   (I)   Vicious or dangerous animals. It shall be unlawful for any person to cause, permit, accompany or be responsible for the presence of any vicious dog, cat or other animal on the streets or public places of the town, or to allow the animal to be present on property not owned its owner, unless, in addition to the other requirements of this chapter, the animal is securely muzzled to effectively prevent it from biting any person or other animal. Upon impounding a vicious animal for any reason, the Animal Control Officer may, for reasons of public safety, retain the animal until ordered to release or otherwise dispose of it by an appropriate court. This section shall not apply to law enforcement dogs.
(Ord. 2019-3, passed 12-10-2019) Penalty, see § 90.99