(A) It shall be unlawful for any person, the owner or one having charge of or harboring any animal to permit the animal to be unconfined at any place within the corporate limits except within a building or other confined area from which the animal cannot escape. Any animal not so confined or on a leash may be impounded by the police or the animal control officer and immediately released to the Hamilton County SPCA if the animal has no form of identification on its collar.
(B) An animal is
UNCONFINED as the term is used in this section, if such animal is not restrained by a fence that has a method of latching which tends to prevent the intrusion of children, other secure enclosures or any other security device which effectively prevents such animal from going beyond one foot inside the property line of the person described in division (A) hereof; and further, such animal shall not be permitted in the front yard unless attended and secured in the manner described in this division.
Specifically included under other security devices is the method known as invisible fence, or any similar device. This is defined as a buried wire which gives a slight electrical charge when activated by a special collar worn by the animal which is to be confined. This is a proven device for confining an animal to the property of the owner of the animal. Such invisible fence shall be used only in the rear yard, and existence of such devices shall be communicated to the Community Development Department of the city. The effectiveness of any such device is the responsibility of the property owner.
(C) Any animal, whose owner is identifiable, will be notified when an animal is captured and if the animal is not claimed within 24 hours it shall be delivered to the Hamilton County Society for the Prevention of Cruelty to Animals unless otherwise directed by the City Manager, or in his absence or unavailability, the Chief of Police. Any animal claimed by the owner within 24 hours may be released by the city upon payment by the owner of an impoundment fee to be established by the City Manager, but not to exceed $10 per day to recover the cost of boarding, feeding, and handling of the animal.
Any animal that is at large, and has been picked up by an animal control officer more than once during a year's time period, even if the owner is identifiable, can be immediately released to the Hamilton County SPCA without notification to the owner.
(D) Divisions (A) and (B) above are necessary controls on the unrestrained activity of animals which threaten the safety and pleasantness of the streets, parks, sidewalks, yards, and all areas of the city; and lack of knowledge or lack of intent is not a defense to a violation thereof.
(E) Penalty. Violation of this section shall be a minor misdemeanor punishable by a fine up to a maximum of $150. If this section is violated more than twice in a 365-day period, subsequent violations shall be a fourth degree misdemeanor punishable up to a maximum of $500 fine and 30 days incarceration.
(Ord. 21-1961, passed 10-3-61; Am. Ord. 13-1963, passed 4-2-63; Am. Ord. 49-1975, passed 8-4-75; Am. Ord. 51-1983, passed 11-21-83; Am. Ord. 07-1991, passed 4-1-91; Am. Ord. 09-1997, passed 5-5-97; Am. Ord. 11-2014, passed 8-4-14) Penalty, see § 96.99