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§ 90.05 RESTRAINT.
   (A)   The owner of a dog shall keep the dog under restraint or effective control at all times.
   (B)   The owner of an animal shall prevent the animal, except a cat, from leaving the owner’s property unattended or unrestrained.
   (C)   The owner of a dog shall not tie, chain, cable, or in any way tether a dog outside for more than 12 hours a day.
   (D)   A tether to confine a dog shall be a minimum of four and one-half times the length of the dog (nose to tail base) and under no circumstances less than ten feet long.
   (E)   The tether shall have swivels at both ends to prevent kinking and knotting. The area covered shall be maintained so that the tether cannot become entangled and positioned so that the dog cannot wrap the tether around posts, trees, debris, or hang by jumping a fence or guardrail.
   (F)   The owner of animal(s) that are fenced shall erect fencing normally considered suitable for the species and type of animal to be contained. Fencing shall be appropriate so as to keep the intended animals restrained within its boundaries. Fencing shall be monitored, well maintained, and kept in good repair. In the case of a dog, if the owner utilizes an “invisible fence” to restrain a dog it may only be used if it consistently and effectively restrains the dog and is appropriate to be used for the dog in question. No aggressive dog may be restrained behind an “invisible fence”.
   (G)   All areas where animals are confined shall be maintained so as to provide a safe and healthy environment for the animals within the confinement.
(2004 Code, § 81-5) (Ord. 26, passed 1-21-1980; Ord. 26C, passed 7-29-1986; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006)
§ 90.06 LICENSE AND PERMIT ISSUANCE AND REVOCATION.
   (A)   The Animal Care and Control Authority may refuse to issue or revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the Animal Care and Control Authority, or any law governing the protection and humane keeping of animals.
   (B)   Any person whose permit or license is revoked may, within seven days of the decision revoking such license or permit, appeal the decision to the County Commissioners or town councils (when applicable in the incorporated limits of the town or city). A date and time will be set for a hearing at which those wishing to be heard concerning the revocation of the license or permit will be heard. A decision affirming or reversing the decision of the Animal Care and Control Authority shall be made by the County Commissioners or town councils (when applicable in the incorporated limits of the town or city) within 30 days after such hearing.
   (C)   Any person whose permit or license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, or harbored and no part of the permit or license fee shall be refunded.
   (D)   It shall be a condition of the issuance of any permit or license that the Animal Care and Control Authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.
   (E)   If the applicant has withheld or falsified any information on the application, the Animal Care and Control Authority shall refuse to issue a permit or license or may revoke a permit or license.
   (F)   No person who has been convicted of cruelty to animals shall be issued a permit or license.
   (G)   Any person having been denied a license or permit may not reapply for a period of 30 days and such person shall demonstrate that any corrective action requested by the Animal Care and Control Authority has been implemented.
(2004 Code, § 81-6) (Ord. 26, passed 1-21-1980; Ord. 02- 23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99
§ 90.07 FEMALE DOGS IN ESTRUS (HEAT).
   The owner of a female dog in heat shall keep the dog secure inside a well ventilated building on the owner’s property, except that:
   (A)   When the dog is on a leash and is accompanied by the owner, the dog may be allowed outside for the purpose of natural relief, but may not be taken off the owner’s property; or
   (B)   When necessary for medical treatment, boarding, or breeding and while under the direct and effective control of the owner, the dog may be conveyed to and left at a suitable place to be treated, boarded, bred, or shown in an organized dog show or event. For purposes of this section, suitable place shall mean a licensed kennel, an establishment operated by a licensed veterinarian, or in the case of the dog’s breeding, a location at which the person assuming care and custody of the dog prevents the dog from coming in contact with other dogs except for planned breeding.
(2004 Code, § 81-7) (Ord. 26, passed 1-21-1980; Ord. 26C, passed 7-29-1986; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006)
§ 90.08 VICIOUS OR DANGEROUS ANIMALS.
   (A)   Every vicious animal, as determined by the Animal Care and Control Authority, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner, or restrained as otherwise directed by the Animal Care and Control Authority. Upon determination by the Animal Care and Control Authority that an animal is vicious and after the exhaustion of any appeals, the owner shall have the animal microchipped for permanent identification by a licensed veterinarian within ten days and the corresponding microchip data shall be given to the Animal Care and Control Authority. If an owner of an animal determined to be vicious or potentially dangerous sells or gives the animal to another person, the owner shall provide written notice to the Animal Care and Control Authority that made the determination and state the name and address of the new owner of the animal and notify the person taking possession of the animal in writing of the animal’s vicious or potentially dangerous behavior and the circumstances surrounding its vicious or potentially dangerous determination.
   (B)   The Animal Care and Control Authority’s Animal Control Officers may enter onto the property where a vicious dog is to be confined and check for special restraint compliance at any reasonable time.
   (C)   An Animal Control Officer or law enforcement officer may pursue and destroy an at large animal placing the public in imminent danger or animals in the act of attacking livestock or other domestic animals if necessary.
(2004 Code, § 81-8) (Ord. 26, passed 1-21-1980; Ord. 02- 23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006)
§ 90.09 ANIMAL BEHAVIOR/ACTIONS.
   (A)   The owner shall keep his or her animal from approaching a passerby in a menacing or aggressive fashion.
   (B)   The owner shall keep his or her animal from vocalizing unreasonably so as to disturb neighbors in the community during the day or night or prevent neighbors from the use and enjoyment of their property. This section does not include a working farm.
   (C)   The owner shall keep his or her animal from destroying private property.
   (D)   The owner shall keep his or her animal from continuous actions and behaviors that could reasonably lead to his or her animal at some future date to be deemed a public nuisance animal.
(2004 Code, § 81-9) (Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99
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