(A) Running at large. It shall be unlawful for any person who owns, has control over, harbors or keeps any dog to permit that dog to run at large. For purposes of this section, "at large" is any place not the dog's enclosure as described by division (B) of this section.
(1) Exception for dogs on a leash. Any dog on a leash with a lead not to exceed 12 feet in length and directly under the owner's control shall not be deemed "running at large" for purposes of this section.
(2) Voice control is no defense. It is no defense to an offense under this section that a dog is trained to obey the verbal commands (voice control) of its owner/keeper.
(3) Exception for dogs in an automobile. A dog within an automobile or other vehicle of its owner or keeper is not running at large for purposes of this section.
(4) Return is no defense. It is no defense to an offense under this section that a dog observed running at large, on its own or through the action of others or the animal services department, has returned to its intended enclosure, house, building, vehicle or otherwise restrained.
(B) Enclosure requirements. It shall be unlawful for any person who owns, has control over, harbors or keeps any dog to fail to maintain an adequate enclosure, which is one that complies with all of the requirements of this section.
(1) Residential or commercial buildings. The interior of a residence or commercial building qualifies as an enclosure for purposes of this subsection if the building windows, doors, garage doors or other openings are closed and reasonable precautions are made to prevent the dog from escaping from the building. A screen window or screen door does not meet the reasonable precaution standard for adequately preventing the dog from escaping from the building.
(2) Fence. An enclosure shall be an area that is completely surrounded by a substantial fence or other structure of sufficient strength, height, construction, materials and design as to prevent any dog from escaping from the area, by digging under and/or jumping over, and to isolate any dog from the public and from other dogs not under the control of the same owner.
(3) Invisible fences. It shall be unlawful for any person to utilize an invisible fence, wireless containment device or other similar device to restrain any dogs as their primary enclosure for purposes of this section.
(4) Gates. When not in use, all gates shall be closed and secured in a manner designed to prevent any dogs from leaving the enclosure.
(5) Buildings. 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 any dogs intended to be contained.
(C) Warning not required. No warning is necessary for the citing and prosecution of an offense under this section.
(Ord. 01-04-2018-ANIMAL, passed 1-4-2018)