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Each owner shall keep and maintain his animal under restraint; provided, however, that this section shall not apply to any dog being used for rescue or law enforcement work. It shall be unlawful for any owner to allow his or her animal to cross outside the property line of its owner to any extent, including reaching through, over or under a fence, or to keep or allow his or her animal to be outdoors on an unfenced portion of the owner's property, unless the animal is leashed and under the control of its owner or another responsible person; provided that any animal not secured by a leash or lead and that is outdoors on a fenced portion of the owner's property or outdoors on the premises of another person with consent of that person shall not be considered under restraint unless the fence is of sufficient height appropriate to the size of the animal to prevent the animal from jumping or reaching over the fence. In addition, it shall be an unlawful failure to restrain for an animal to attack, bite, threaten, or jump on any person without that person's consent, outside the property of the animal's owner. The provisions of this section shall be a positive duty of the owner and the offenses described herein shall be strict liability offenses.
Any owner who violates any provision of this section shall be subject to a fine of $300.00, if the violation does not result in severe injury or death to any person or damage to another person's property. If the violation results in severe injury or death to any person, the owner shall be subject to a fine of not less than $1,000.00 and not more than $10,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim or may be incarcerated for a period not to exceed six months, or may be required to perform up to 100 hours of community service, or any combination thereof. If the violation results in damage to another person's property, the owner shall be subject to a fine of not less than $300.00 and not more than $1,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim.
(Prior code § 98-3; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 10-31-01, p. 71774, § 1; Amend Coun. J. 3-31-04, p. 20916, § 3.25; Amend Coun. J. 3-14-07, p. 99838, § 1)