(A) It shall be unlawful for the owner or custodian of any dog or other animal, other than an ordinary domesticated house cat, to fail to keep the same from running at large within the town.
(B) For the purposes of this chapter, an animal, other than an ordinary domesticated house cat, shall be deemed “running at large” when it is not restrained as specified below:
(1) When the animal is being restrained upon the premises of the owner or custodian, it must not be able to enter upon public property or the premises of another. Any animal off the premises of the owner or custodian shall be restrained by a leash, cord or chain not exceeding 10 feet in length, held by a person who is physically able to control the animal;
(2) For the purposes of this chapter, PREMISES OF THE OWNER OR CUSTODIAN shall be defined as the residence of the owner or custodian, including the attached property surrounding the residence that is owned or leased by the owner or custodian but not including any common area, park or recreational property jointly owned or leased by the members of a property owners or tenants association;
(3) No animal shall be deemed to be “running at large” when the animal is upon the premises of the owner or custodian and when the animal is contained on or restricted to the premises by fencing or other physical means or when the animal is on the public beaches of the town provided when the animal is on the public beaches of the town, the animal is under the immediate control of the owner. For the purposes of this section, “immediate control” means that the animal is within sight and sound of the owner and responds to audible commands of the owner.
(Ord. 04-18, passed 7-7-2004; Am. Ord. 07-10, passed 7-5-2007) Penalty, see § 10.99