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(a) If an animal is owned or purported to be owned by an individual who is younger than 17 years of age, responsibility and liability for compliance with this chapter with respect to such an animal shall be imposed on the parent, legal guardian or other person who has the duty of control and reasonable discipline of the minor individual, regardless of whether the parent, legal guardian or other person otherwise meets the definition of "owner" with respect to the animal at issue.
(b) Financial liability imposed under subsection (a) of this provision shall not exceed limits imposed by state law.
(c) It shall be an affirmative defense to imposition of responsibility and liability under subsection (a) above that the parent, legal guardian or other person establishes by a preponderance of the evidence that he or she made a reasonable good faith effort to ensure compliance with this chapter.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
The director shall develop and administer a Trap, Neuter and Return (TNR) Program designed to reduce the number of feral and stray cats which are euthanized, to establish standards for the management of feral and stray cats, and to provide for the minimization and abatement of nuisances caused by feral and stray cats.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) It shall be unlawful for an owner of an animal to fail or refuse:
(1) To keep an animal under restraint; and
(2) To exercise diligent care and control of his or her animal to prevent such animal from becoming a public nuisance.
(b) It shall be unlawful for an owner of an animal to fail to provide for the animal an adequate enclosure, which is one that complies with all of the requirements of this subsection (b) and is completely surrounded by a substantial fence or other structure of sufficient strength, height, construction, materials and design as to prevent the domestic animal from escaping from the area and to isolate the animal from the public and other animals outside the enclosure.
(1) An enclosure shall be designed, erected and maintained in accordance with all applicable zoning and building regulations of this code.
(2) All non-building portions of an enclosure, including gates, shall be constructed of chain link, welded wire, wrought iron, brick, mortared stone, concrete block, wood stockade or other similar fencing-type material approved by the director.
(3) Where a building forms a part of an enclosure, there shall be minimal separation between the building and the remaining parts of the enclosure to prevent escape of the animal or animals intended to be contained.
(4) When not in use, all gates shall be closed and secured in a manner that prevents an animal from leaving the enclosure.
(5) Broken or damaged portions of an enclosure shall be repaired with like material and provide a seamless barrier that reasonably inhibits or prevents escape.
(6) For all dogs, an enclosure shall have an outside-perimeter barrier that is a minimum height of 48 inches when measured from the ground. For aggressive dogs, an enclosure shall have an outside-perimeter barrier that is a minimum height of 72 inches when measured from the ground. Any portion of a building that is intended to form part of an enclosure must have a continuous wall (inclusive of windows and doors) that meets the applicable height requirement.
(7) If petitioned by an owner, the director may modify or waive the requirements of subsections (2), (5) and (6) above, provided that the director determines that proposed alternate measures will adequately contain the animal(s) intended to be restrained. In considering a petition, the director may take into account factors that include, but are not limited to, zoning requirements, deed restrictions and covenants, and the size and physical characteristics of the animal or animals to be enclosed. The decision of the director shall be final and non-appealable.
(8) An outdoor enclosure confining an animal for a substantial portion of the day must provide at least 48 square feet of space for each animal that it contains that is at least six months old. It is presumed that an animal is being confined for a substantial portion of the day if a police officer, animal care and control officer, code enforcement officer or the person charged with enforcing this chapter witnesses the animal in said enclosure at least twice on the same day at two separate times that are at least five hours apart.
(9) Subsection (8) shall not apply to:
a. Registered non-profit agencies that keep animals for purposes of rescue, rehabilitation or adoption so long as such animals are otherwise maintained in accordance with the requirements of this chapter; or
b. Situations in which animals are being boarded for a period of less than 30 days so long as such animals are otherwise maintained in accordance with the requirements of this chapter.
(c) It shall be unlawful for a person having charge, care or ownership of a cat to fail to keep the cat from roaming beyond the boundaries of the person's premises. It shall be an affirmative defense to prosecution under this subsection (c) that the cat is a feral cat in the city's trap, neuter and return program.
(d) It shall be unlawful for a person to use a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system.
(e) It is an affirmative defense to a violation of subsection (d) above that the dog tethering:
(1) Is during a lawful animal event, veterinary treatment, grooming, training or law enforcement activity; or
(2) Is required to protect the safety or welfare of a person or the dog, and the dog's owner maintains immediate control of the dog; or
(3) Occurs in the immediate control of the owner in a city park as provided by § 24-10; or
(4) Occurs on the owner's premises and:
a. While the dog is within the owner's immediate control; and
b. Prevents the dog from advancing to within 15 feet of the edge of any public street.
(f) The affirmative defenses provided in subsection (e) above are only available if the following specifications are met:
(1) The chain, rope, tether, leash, cable or other device is attached to a properly fitted collar or harness worn by the dog;
(2) The chain, rope, tether, leash, cable or other device is not placed directly around the dog's neck;
(3) The chain, rope, tether, leash, cable or other device does not exceed one-twentieth of the dog's body weight;
(4) The chain, rope, tether, leash, cable or other device, by design and placement allows the dog a reasonable and unobstructed range of motion without entanglement; and
(5) The dog has access to adequate shelter and clean and wholesome water.
(g) It shall be unlawful for an owner or person in control of an animal to carry or transport the animal on any public roadway in an unenclosed vehicle (such as a pick-up or flatbed truck, jeep or similar vehicle) unless the animal is:
(1) Contained in a closed, vented animal carrier that is secured in such a manner as to prevent the carrier from being thrown from the vehicle in the event of a collision; or
(2) Secured by a leash or other device that is cross-connected to prevent the animal from falling, jumping or being thrown from the motor vehicle and from strangling on a single lead.
(h) A person commits an offense if the person fails to comply with this section.
(1) An offense under this section is a Class C misdemeanor. If a person fails to comply with this section with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.
(2) An offense under this section is punishable by a fine not to exceed $2,000.
(i) This section does not prohibit a person from walking a dog with a hand-held leash.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
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