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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
§ 90.10 WILD ANIMALS.
   No private citizen may possess or harbor a potentially dangerous or vicious wild animal within the geographic boundaries of the county.
(2004 Code, § 81-10) (Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99
§ 90.11 IMPOUNDMENT AND VIOLATION NOTICE.
   (A)   Unrestrained dogs, public nuisance animals, vicious animals, or domestic animals found at large shall be taken by an Animal Control Officer, by any means necessary, and if restrained shall be impounded and confined in a humane manner.
   (B)   Impounded domestic animals, other than cats, shall be kept for five days. Seriously diseased, contagious, badly injured, or suffering animals, undomesticated cats, kittens less than six weeks old and litters of kittens under three months old may be humanely euthanized immediately at the discretion of the Animal Care and Control Authority. Animals displaying identification may at the discretion of the Animal Care and Control Authority be taken to a local veterinarian for treatment.
   (C)   If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Care and Control Authority shall attempt to notify the owner by telephone, mail, or by posting notice in a conspicuous place.
   (D)   The owner of an impounded animal shall pay a fee of $40, plus a fee determined by the Animal Care and Control Authority, for each day the animal has been impounded as well as any costs, including veterinary expenses incurred by the Animal Care and Control Authority during such impoundment, regardless of whether or not the animal is reclaimed.
   (E)   Any animal not reclaimed by its owner within five days of impoundment shall become the property of the Animal Care and Control Authority, and shall, at its discretion, be placed for adoption in a suitable home or humanely euthanized; provided, however, the Animal Care and Control Authority may sell farm animals and apply the proceeds of the sale to any purpose consistent with this chapter.
   (F)    In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer or law enforcement officer may issue to the known owner of such animal a notice of violation. Such notice shall impose upon the owner a penalty not to exceed $500 which may, at the discretion of the animal owner, be paid to any agency designated by the Animal Care and Control Authority within 72 hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal charging document shall be initiated before a District Court Commissioner, and upon conviction of a violation of this chapter, the owner shall be punished as provided in § 90.99.
   (G)   The owner of an animal impounded as a result of a violation of this chapter or any other law may also be prosecuted for the violation.
   (H)   An Animal Control Officer may apply to the proper court having jurisdiction for a mandatory injunction to place an animal deemed vicious in the custody of the Animal Care and Control Authority for public safety purposes until such time as there has been a hearing and all appeals have been exhausted.
(2004 Code, § 81-11) (Ord. 26, passed 1-21-1980; Ord. 26B, passed 10-30-1984; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99
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