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(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)
(a) A person is the owner of an aggressive dog when:
(1) The owner knows that the dog has made an unprovoked attack on another domestic animal that causes bodily injury to the animal and which occurred in a place other than an enclosure in which the dog was being kept;
(2) The owner knows that the dog has, on more than one occasion, bitten one or more persons who are lawfully inside the dog's enclosure;
(3) The owner knows that the dog has repeatedly attempted, successfully or unsuccessfully, to climb over, dig under, chew through, break or otherwise escape from its enclosure in an attempt to attack a person or another domestic animal;
(4) The owner knows that the dog has committed unprovoked acts that would cause a person to reasonably believe that the dog will attack and cause bodily injury to a person or domestic animal; or
(5) The owner is informed by the animal care and control authority that the animal care and control authority has determined that the dog is an aggressive dog.
(b) If a person reports a suspected or purported aggressive dog, the animal care and control authority may investigate. The animal care and control authority may accept sworn statements from all victims and witnesses to the incident. If the animal care and control authority determines that the dog is an aggressive dog, it shall notify the owner in writing of the determination.
(c) Notwithstanding any other ordinance, the owner may appeal the determination of the animal care and control authority that a dog owned by the owner is an aggressive dog to the director, no later than 15 calendar days after the date notice of the determination is mailed to the owner.
(d) To file an appeal under subsection (c), the owner must:
(1) File a notice of appeal of the animal care and control authority's aggressive dog determination with the director;
(2) Attach a copy of the determination from the animal care and control authority; and
(3) Serve a copy of the notice of appeal on the director by mailing the notice through the United States Postal Service.
(e) The decision of the director shall be final and non-appealable.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
The owner of an aggressive dog shall restrain the aggressive dog at all times, including during any appeal of an aggressive dog determination:
(a) On a leash in the direct physical control of a person; or
(b) In an adequate enclosure as defined in § 6-1.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) A person commits an offense if the person is the owner of an aggressive dog and the dog makes an unprovoked attack on a person or domestic animal outside the animal's enclosure and causes bodily injury to the person or domestic animal.
(b) An offense under this section is a punishable by a fine not to exceed $2,000.
(c) If a person is found guilty of an offense under this section and the unprovoked attack was not on a person, the court may order that the owner of the aggressive dog comply with additional requirements as deemed appropriate by the court.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) A person who owns or keeps custody or control of an aggressive dog commits an offense if the person fails to comply with § 6-14.2.
(b) Violation of any section under this division is punishable by a fine not to exceed $2,000.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
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