A. No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to commit any nuisance upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto. Any person violating this section shall be guilty of an infraction.
B. No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog. Any person violating this section shall be guilty of an infraction.
C. Exception: The provisions of this section shall not apply to any person with a disability accompanied by a service dog. “Service dog” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual’s disability. The crime deterrent effects of an animal’s presence and the emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
D. As used in Section 7.08.145, “nuisance” means depositing of fecal matter by any dog upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto without the same being removed immediately by the owner or person having control of said dog.
E. Any person violating any of the provisions of this chapter is guilty of an infraction and shall be punished by a fine in the amount set forth by resolution of the city council pursuant to Section 1.15.050 of this code. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for violations of this chapter are established pursuant to Chapter 1.15 of this code.
(Ord. 2479 §§2, 3)