§ 91.07 ANIMAL TO BE UNDER CONTROL.
   (A)   It shall be unlawful for any person to permit any animal owned or harbored by him or her to run at large. When livestock are running at large. Animal Control or the law enforcement officer shall make reasonable efforts to notify the owner as soon as possible. If reasonable possible and feasible, the owner of the livestock shall be notified prior to the actual capture and impoundment of the livestock.
   (B)   It shall be unlawful to own or possess a vicious animal that has not been properly registered with the Animal Control Officer.
   (C)   The owner of a vicious dog shall:
      (1)   When a vicious dog is indoors, secure all means of egress so that the dog may not exit;
      (2)   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 six 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 or lead. Such animals may not be leashed or tethered 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)   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 (C)(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, unless approved, in writing, by the Animal Control Officer. 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 at least two feet, unless approved, in writing, by the Animal Control Officer. 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.
      (4)   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 public are being met.
      (5)   Every owner of a vicious dog (which includes pit bull dogs and wolf-hybrids) in the city shall annually register the animal with the Animal Control Officer and pay a $50 registration fee. This registration shall state the name, address and telephone number of the person possessing the animal, the address where the animal is harbored, if different from the possessor’s address, completely identifying the animal, including genus and species, his or her common name, gender, color and other distinguishing physical characteristics, including size and weight. An owner of a vicious dog shall also submit two color photographs showing the color and approximate size of the animal with the registration and obtain from the county a vicious dog tag. In the case of dogs or other animals required by law to be vaccinated for rabies, proof of rabies vaccination shall also be provided. Registration shall be completed for all animals that are located or kept within territorial limits of the city for a period exceeding 24 hours. The registration period shall run from July 1 to June 30 of the following year.
   (D)   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 in the county and proof of payment of $50 registration fee is maintained by the owner, having such proof available upon request by the Animal Control Officers, city officers and/or enforcement agents;
      (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 this 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.
   (E)   The breeding of vicious dogs within the boundaries of the city is strictly prohibited and enforcement agents may impound such animals when they are pregnant or impound any litter these animals may produce.
   (F)   It shall be unlawful to own or possess an animal that conducts itself in such a manner as to constitute a public nuisance.
   (G)   It shall be unlawful to allow a female dog to be exposed during estrus (in season, in heat) so as to attract male dogs. Every female that is in season (in heat, estrus) shall be confined in a building or secure enclosure in such a manner that such female dog cannot come in contact with a male dog except for planned breeding.
(Ord. 840.2-10-2-2011, passed 10-10-2011) Penalty, see § 91.99