6-2-5: PROHIBITED BEHAVIOR OF ANIMALS, OWNERS, AND RESPONSIBLE PERSONS:
   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)