(A) An owner of a dog commits an offense if he knowingly permits, or by insufficient control, allows, a dog to defecate in the city on private property or on property located in a public place and fails to have in his possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property and the owner of the dog does not immediately and in a sanitary and lawful manner remove and dispose of, or cause to be removed and disposed, all excreta deposited on the property by the dog.
(B) It shall be a defense to prosecution under division (A) if:
(1) the property was owned, leased or controlled by the owner of the dog;
(2) the owner or person in control of the property had given prior consent for the dog to defecate on the property;
(3) the dog was a service dog being used in official law enforcement activities, or
(4) the dog was a service dog that is specially trained to assist a person with a disability and that was in the custody or control of that disabled person at the time it defecated or was otherwise present on private property or on property located in a public place.
(Ord. 01-04-2018-ANIMAL, passed 1-4-2018)