(A) Manner of keeping dogs, cats or other animals. No person shall keep or maintain any dog, cat or other animal in the city in such a manner so as to become a public nuisance or to disturb the peace, comfort or health of any person residing within the city. The keeping of all animals within the city shall be subject to all pertinent regulations of the state and local Health Department.
(B) Vicious dog to be properly confined or leashed. The owner or harborer of a vicious dog shall:
(1) When the dog is indoors, secure all means of egress so that the dog may not exit;
(2) Leash and muzzle. No person shall permit a vicious dog to go outside of its kennel, pen or the owner’s residence unless such animal is securely restrained with a leash or lead no longer than three feet in length and the leash or lead is physically controlled by a person 18 years of age or older who is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings and the like. In addition, all such animals on a leash or lead outside of the animal’s kennel, pen or the owner’s residence must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.
(3) Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled, as provided in division (B)(2) above. Such pen, kennel or structure must have secure sides and a secure top attached to its sides. A fenced-in yard by itself is insufficient to meet this standard. All structures used to confine such animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground to a depth of no less than two feet and be a minimum of seven feet above the ground to the top of the structure. All structures erected to house such animals must comply with all zoning and building regulations, and all such structures must be adequately lighted, ventilated and be of appropriate size to allow the animal confined therein to move around, and must be kept in a clean and sanitary condition. The house or shelter for said animal shall be totally enclosed within the confinement structure. When being transported, the animal must be muzzled or caged.
(a) Signs. All owners of vicious dogs shall display on the kennel or pen and also in a prominent place on the premises a sign easily read by the public from adjoining public roads or streets using a sign stating the presence of a vicious dog by both symbol and words.
(b) Inspection. All owners of vicious dogs shall allow animal control officers and enforcement agents the freedom to inspect the area as necessary to assure that the health and safety needs of the animals and the public are being met.
(C) Conditions precedent to vicious dogs being permitted to remain within the city’s territorial limits. Vicious dogs shall not be permitted to remain within the city’s territorial limits unless all of the following conditions are met:
(1) The animal is properly registered with the county;
(2) The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or personal property;
(3) Adequate safeguards are made to prevent unauthorized access to such animal;
(4) The health or well being of the animal is not in any way endangered by the manner of keeping or confinement;
(5) Keeping of such animal does not constitute a public nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;
(6) Keeping of such animal will not create or cause offensive odors or constitute a danger to public health; and
(7) The quarters in which such animal is kept or confined is adequately lighted and ventilated and are so constructed that it may be kept in a clean and sanitary condition.
(D) Police dog exclusion. It is not the intent of this section to prohibit the Police Department from using any trained dog that may attack on command; provided that, each such dog must be in the presence of its handler or confined in accordance with Police Department policy at all times.
(E) Miscellaneous exclusions. The provisions of this section shall not apply to the keeping of vicious dogs in the following cases:
(1) The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction, study or medicinal uses;
(2) The keeping of such animals for exhibition to the public of such animals by a circus, carnival or other exhibit or show; and
(3) The keeping of such animals in a bona fide licensed veterinary hospital for treatment or study.
(1984 Code, § 90.10) (Ord. O-10-64, passed 2-20-1964; Ord. O-50-85, passed 8-6-1985; Ord. O-33-99, passed 9-14-1999; Ord. O-21-00, passed 5-16-2000; Ord. O-33-03, passed 6-24-2003; Ord. O-23-05, passed 5-17-2005; Ord. O-4-12, passed 3-20-2012) Penalty, see § 90.99