A. Prohibited: An animal owner or custodian shall be in violation of this section if his or her animal is found to be "running at large" as defined in section 5-2-1 of this chapter. No animal shall be considered running at large if:
1. Such animal is under the complete control of a person holding a leash not exceeding ten feet (10') in length which is attached to the animal; or
2. Such animal is confined in a motor vehicle.
B. Power To Impound: Any animal running at large may be impounded. (Ord. 1993-7, 12-9-1993)
C. Seeing Eye, Hearing Ear, Guide Dog Or Other Assistance Animal: It is unlawful for a person to permit, allow, keep or carry any animal in, upon, or within a public transportation facility or any other public building or facility, particularly a building or facility in which food or drink is prepared or stored, except that a special needs person shall not be denied the use of any common carrier or public transportation facility or admittance to any cafe or any other public building or place by reason of his being accompanied by a seeing eye, hearing ear, guide dog or other assistance animal specially trained for such purpose. It is the intent of this chapter to permit and authorize a special needs person to have a seeing eye, hearing ear, guide dog or other assistance animal specially trained with him or her in such places and while using such facilities without being required to pay any additional charges for his seeing eye, hearing ear, guide dog, or other assistance animal, but such special needs person shall be liable for any damage or disturbance caused by such seeing eye, hearing ear, guide dog, or other assistance animal. (Ord. 1993-7, 12-9-1993; amd. 2007 Code)
D. Use Of Public Ways Or Property Prohibited: No person shall lead, drive, or ride any horse, pig, sheep, goat, mule, cattle or other animal over, across, or upon any sidewalk, parkway, or public parking area, or over or across any public park, except for special events approved by city council, including the annual Founder's Day Parade. Herding any animal on or over any city street or alley, except U.S. Highway 30, is prohibited. Any violation of this provision will be considered a misdemeanor.
E. Penalty:
1. Notice Of Violation; Fee: The owner of any animal found to be running at large within the city shall be issued a notice of violation and assessed a fee of fifty dollars ($50.00) per occurrence to be collected by the Lava Hot Springs city office. Any animal left unattended or tied to any city property, public utility property, or other property not the property of the owner and/or custodian will be considered running at large and will be subject to violations and penalties. (Ord. 2013-1, 1-10-2013)
2. Independent Of Criminal Fine: The fee shall be independent of any criminal fine assessed by any court having jurisdiction due to misdemeanor prosecution for an animal running at large violation.
3. Increase In Fee: The fee shall increase to sixty two dollars fifty cents ($62.50) if it remains unpaid for a period of ten (10) days.
4. Head Of Household Responsible: If the owner of the animal is a minor, the head of the household in which the minor resides shall be responsible for any fees or fines. (Ord. 2001-6, 10-11-2001)