A. It is unlawful and an owner or responsible person may be cited if a dog:
1. That is off the owner's or responsible person's property charges or approaches a human with an attitude of attack.
2. Bites or causes injury to a human or domesticated animal.
3. Makes noise continuously, on three separate occasions, over a seven-day period:
a. For longer than thirty (30) minutes; or
b. At separate and distinct time periods that, when considered together, amount to a time greater than sixty (60) minutes out of any twelve (12) hour period.
B. It is unlawful and an owner or responsible person may be cited if the owner or responsible person:
1. Allows an animal to run at large or leaves an animal unattended or picketed upon the right-of-way, city park, open space, or other public facility;
2. Fails to remove and properly dispose of any excreta deposited by their animal on public property or private property not belonging to the owner or responsible person;
3. Fails to remove and properly dispose of excreta deposited on the owner's or responsible person's property on a weekly basis;
4. Abandons an animal in city limits;
5. Fails to surrender an animal when the animal control officer is either required or permitted to seize the animal by city ordinance;
6. Fails to keep a dog on a leash of ten feet (10') or less that is held by a person physically able to control the dog when the dog is not confined within an enclosure or on the owner's property, unless:
a. The dog is within a designated open space or any natural park as defined in section 7-12-1 of this code and is more than one hundred (100) yards from a trailhead, is within the owner's or responsible person's sight, and is under the person's voice control; or
b. The dog is within a fenced area of a dog park designated by the city commission and is within the owner's or responsible person's sight and under the person's voice control.
C. A person cited under section 5-2-5(A) of this code may assert as an affirmative defense that the dog was responding to a provocation, an offense upon a person, or an unreasonable trespass upon the property of a person. (Ord. 3282, 7-13-2020)