(A) It shall be unlawful for any owner or possessor of any animal to allow such animal to run at large, whether wearing a collar and tag or not, within the incorporated or unincorporated areas of the city. Any and all such animals found running at large, whether wearing a collar and tag or not, shall be immediately impounded by officers of the Animal Control Unit or any police officer. The officers may pursue the animal onto private property to effect capture of such animal.
(B) It shall be the duty of every owner or custodian of any animal to exercise reasonable care and take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from the animal's behavior. If the owner or custodian of any animal is a minor, the parent or guardian of such minor shall be jointly responsible for the minor's violation of this chapter.
(C) It shall be the duty of every owner or custodian of any animal to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving the real property limits of its owner, possessor, or custodian, and ensure that it is:
(1) Securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition; and that such enclosure is securely locked at any time the animal is left unattended;
(2) Securely and humanely restrained by chain, cable or trolley, or other tether of sufficient strength to prevent escape;
(3) On a leash and under the direct control of a competent person while on public property or property open to the public; or off a leash and obedient to that person's command and that person is present with the animal any time it is not restrained as provided for in divisions (C)(1) or (2) above while on the owner's property or areas designated as dog parks.
(D) The owners or keeper of any female dog or cat in heat kept in the city shall confine the animal within a secure enclosure and in such a manner as to prevent it from becoming a nuisance and in such a manner so as to prevent conception except during planned breeding; or tether any unsterilized dog for any period of time unless the dog is in visual range of a competent person who is outside with the dog and done so in accordance with § 91.05.
(E) The chaining of dogs is discouraged, but if it is done, the following is required:
(1) The animal must have shelter from the weather, yet free from becoming entangled with the tether. The animal must have access to the shelter for the duration it is tethered. Adequate shelter must be kept and maintained in accordance with the definition provided in this chapter.
(2) The tether must be at least 12 feet in length with operational swivels on both ends. If the dog is attached to a trolley system, the running line must be at least 12 feet in length and the tether length must be greater than the height of the running line.
(3) The animal shall not be tethered by use of a choke collar nor by any rope, chain or cord directly attached to the animal's neck. The tether must be not of a weight heavy enough to cause physical damage to the animal's neck or body.
(4) The tether must be attached in a manner so that it cannot wrap around vertical items such as a barrel, pole or tree. It must be able to move freely in all directions.
(5) It shall be unlawful for any animal to be permanently tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether or confine an animal at a vacant structure or premises for any purpose or time when it is not monitored by a competent person who is present at the property for the duration of such tethering or confinement.
(F) The owner or custodian of any guard dog or watchdog must confine such dog within a perimeter fence and meet the following conditions:
(1) The fence shall be sufficient to prevent the dog's escape, with all points of ingress and egress securely locked at all times.
(2) A Beware of Dog sign shall be conspicuously displayed on each exterior side of the enclosure for each 50 feet of enclosure, with a minimum of two, as well as a sign on each ingress or egress point to the enclosure. Signs shall be a minimum of 10 inches high and 14 inches long.
(G) Exceptions to this section include:
(1) Animal is involved in a scheduled dog show or obedience demonstration or trial, or is legally involved in hunting or retrieving game animals; or
(2) Animal is a certified service animal providing assistance to its handler; or
(3) Animal is a public safety K-9 unit working in an official capacity.
(H) The following additional precautions shall be taken by the owners of dangerous animals, as defined in § 91.02:
(1) Restraint and enclosure of dangerous animals. The owner of a dangerous animal shall restrain his/her animal, as required herein, immediately upon being notified that said animal has been declared dangerous by an Animal Control Officer, regardless of the owner's intent to request a hearing or file any appeal. An animal declared to be a dangerous animal shall be restrained as follows:
(a) While on the owner's property, a dangerous animal shall be securely confined indoors or outside in a proper enclosure, as defined in § 91.07, with all points of ingress and egress securely locked at all times.
(b) When the dangerous animal is outside of its proper enclosure but on the owner's property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape. The leash shall be no longer than ten feet, and the dangerous animal must be kept at least 15 feet within the perimeter boundaries of the property unless the perimeter boundary is securely fenced. A dangerous animal shall be muzzled while outside of its enclosure. Upon impounding a dangerous animal for any reason, the animal control officer may, for reasons of public safety, retain the animal at the impoundment facility until disposition by the appropriate court.
(c) No dangerous animal shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post or building, outside of its own proper enclosure as provided for in this chapter.
(d) The owner shall post the premises with a clearly visible warning sign that displays a brightly-colored and clearly visible warning symbol that informs children of the presence of a dangerous dog.
(e) While restrained on the owner's property, a dangerous animal shall be provided with the same care as provided by in § 91.07.
(Ord. 092120C, passed 10-19-20)