(a) No person, being the owner of or having charge of horses, mules, cattle, sheep, goats, swine, dogs, geese or other fowl animals, shall permit them to run at large upon any public way or upon land of another.
(b) The owner, harborer or keeper, or the person having care, custody or control, of any dog or other animal, shall at all times keep such dog or other animal either confined upon the premises of the owner or keeper, or under reasonable control of some person.
(c) The running at large of any such animal in or upon any of the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.
(d) In any hearing under this section, testimony that the records of the County Auditor show that the dog license was issued to the defendant shall be prima facie evidence of ownership.
(e) Any licensed or unlicensed dog found running at large in any street or public place or upon land of another person, in violation of any of the provisions of this chapter, may be impounded on sight and placed in an appropriate animal shelter. The impounding and maintenance of such dog shall be at the expense of the owner or other person having charge or control of the dog.
(f) Whoever violates any provision of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for a second or subsequent offense.
(g) For a second conviction of any provision of this section which involves a person being attacked or suffering personal injury because of an animal running at large, the owner or person in charge of such animal shall be guilty of a first degree misdemeanor. In addition, such animal shall be impounded in an appropriate animal shelter or with a licensed veterinarian. The expense of impounding, maintenance and destruction of the animal shall be the responsibility of the owner or other person having charge or control of the dog. Any animal impounded pursuant to this section shall be maintained or destroyed pursuant to the policy(ies) of the impounding entity. (Ord. 10-40. Passed 11-1-10.)