(A) All persons owning or possessing a dog referenced in § 90.15 shall have said dog under their control at all times unless said dog is confined in a pen or other enclosure.
(B) If the person owning or possessing a dog specified in § 90.15 has only one of the dogs so specified and said dog is spayed or neutered and has the identity chip installed pursuant to the terms of this subchapter, then it shall not be required to have said dog confined when the owner or possessor is not in direct control of said dog.
(C) Any person who owns or possesses a dog specified in § 90.15 shall comply with divisions (A) and (B) above, or said person shall have a pen meeting the requirements of this section. Persons meeting all the requirements of this subchapter and owning or possessing a dog specified in § 90.15 may have a pen which does not meet these requirements.
(D) For any pen or enclosure required by this subchapter, the requirements shall be that the pen or enclosure be at least six feet in height, measured from the floor of the pen or enclosure. The floor of the pen or enclosure shall be made and comprised of an impervious material such as concrete or asphalt.
(1) All fences shall be constructed of “chain link” fence of at least nine gauge wire with a mesh of two inches or smaller.
(2) All posts for the fence shall be two and one-half inches outside diameter (OD) and at least 15 gauge material. There shall be a post at least every six feet in any fence line of more than six feet in length.
(3) All fence shall have a bottom rail and a top rail which shall be attached to the wire mesh at least every eight inches and shall be attached to the posts.
(4) All corners shall have double posts which shall be attached to each other at least every six inches. The connectors for such posts shall be of a type which has no open side whereby the post could be dislodged from the connecting material without a break or cut being made to the material. It is suggested that the posts be tied together with wire of at least nine gauge.
(5) Wooden fences are allowed, but all posts must be six-inch by six-inch square with connecting boards being two-inch by six-inch or larger and fencing material must be a minimum actual thickness of one inch or more. All wooden fences shall be constructed using screws. All posts must be connected to two other posts by at least three boards, with one at the top, middle and bottom of the fence facing. All post connecting boards shall be on the outside of the fence facing. The inner surface of the wooden fence shall be one continuous surface from the top to the bottom.
(6) The inside of a residence shall qualify as an acceptable pen or enclosure, so long as there are no “dog doors” whereby the dog may come and go from the inside of the residence without the knowledge of the owner or possessor. Also, if a residence is to be used and qualified as the pen or enclosure, there shall be window coverings of glass, wood or metal which are capable of deterring the dog from leaving the residence (window “screens” are not sufficient to qualify under this section). No second fence will be required if a residence is the qualifying pen or enclosure. No kennel may use a residence as its qualifying pen or enclosure.
(7) Any door permitting access to any pen shall have two mechanisms for locking the door, and at least one of said mechanisms shall be locked using a padlock or other similar lock, which requires a key or combination to unlock.
(8) In the event a pen is constructed which requires inspection prior to its use for holding dogs, the following shall be required, if the pen or enclosure fails inspection on at least two instances, or if there is a verified escape of a dog from the pen or enclosure (escape meaning leaving the pen or enclosure while not under the direct control of the owner or possessor of the dog) there shall be a second fence located not more than 24 inches or less than 12 inches from primary fence, and said “secondary” fence shall meet all the requirements of the “primary” fence.
(E) All dogs shall be kept on a leash or lead when not in a pen or other enclosure, and said dog shall be on a leash or lead of such quality to be rated for minimum weight of the dog to which it is attached.
(F) Any dog declared to be vicious by any court of competent jurisdiction shall be in a pen built to the same standards as the pens or enclosures required for kennels hereunder. In addition, any dog declared vicious shall have a “vicious” dog license issued whereby the authorities specified herein shall be granted the right of entry onto premises where the dog is located for purposes of inspecting the pen or enclosure.
(Ord. 2.23.16, passed 2-23-2016)