A. Prohibited Behavior - Attitude Of Attack, Bites, And Noise: It is unlawful and an owner or responsible person may be cited if a dog:
1. That is off the owner's or responsible person's property charges or approaches a human with an attitude of attack.
2. Bites or causes injury to a human or domestic animal.
3. Makes noise continuously, on three separate occasions, over a seven-day period:
a. For longer than thirty (30) minutes; or
b. At separate and distinct time periods that, when considered together, amount to a time greater than sixty (60) minutes out of any twelve (12) hour period.
B. Prohibited Behavior-At Large: It is unlawful and an owner or responsible person may be cited if the owner or responsible person:
1. Allows an animal to run at large or leaves an animal unattended or picketed upon the right-of- way, city park, open space, or other public facility;
2. Fails to remove and properly dispose of any excreta deposited by their animal on public property or private property not belonging to the owner or responsible person;
3. Fails to remove and properly dispose of excreta deposited on the owner's or responsible person's property on a reasonable basis;
4. Abandons an animal in city limits;
5. Fails to surrender an animal when the animal control officer is either required or permitted to seize the animal by city ordinance; or
6. Fails to subject the dog to restraint when the dog is not confined within an enclosure or on the owner's property.
C. Affirmative Defense: A person cited under this section may assert as an affirmative defense that the dog was responding to a provocation, an offense upon a person, or an unreasonable trespass upon the property of a person. (Ord. 417, 2- 16-2021, eff. 3-18-2021)