(A) Prohibition. No person owning or having the care, custody, control or possession of any animal shall allow or permit such animal to run, be or remain at large within the corporate limits of the city upon any public street, alley, park, school or other public place or upon any private property without the consent of the owner of such property. Such animal shall be presumed to be running at large within the meaning of this section unless:
1. If on the animal owner’s or custodian’s property, effectively restrained within a cage, pen or other suitable enclosure, or effectively tied and restrained by chain, strip or chord attached around such animal’s neck or to the animal’s collar or other device worn by the animal and held by a responsible person or fastened on such owner’s or custodian’s property in such a manner as will not permit such animal to reach the front sidewalk, the side or rear lot line or the rear alley of such owner’s or custodian’s property;
2. If not on the animal owner’s or custodian’s property, effectively tied and restrained by chain, strap or chord, eight feet or less in length, attached around such animal’s neck or to the animal’s collar or other device worn by the animal and held by a responsible person. Any such restraining device shall be of sufficient strength as to prevent being broken; and
3. Effectively restrained within an automobile or any other vehicle. No dog, except a dog assisting a peace officer engaged in law enforcement duties, or any other animal shall be transported on any public thoroughfare in any vehicle unless such animal is totally enclosed within such vehicle, or within a secured container carried upon such vehicle, or securely cross tethered to such vehicle in such a way as to prevent falling out of such vehicle and to prevent injury to the animal or others.
(B) Owner liability.
1. A person who owns or is in charge of, controls or who possesses a dog or other animal who permits, allows or causes the dog or other animal to run, stray, be uncontrolled, or in any manner be in, upon, or at large, upon a public street, sidewalk, park or public property, or upon the premises or private property of another person shall be guilty of a misdemeanor if such dog or other animal bites, attacks or causes injury to any human being or other animal.
2. Any person convicted pursuant to this section shall not own, possess, control or be in charge of any animal of the type which caused the bite, attack or injury for a period of three years after the date of conviction. The city shall not issue or renew any license or permit for such type of animal for the person so convicted.
(C) Citizen assistance. In the interest of public safety, it shall be lawful for any person to take up, in a humane manner, any dog, cat or other animal running at large in violation of this chapter and promptly deliver it to the animal control officer.
(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)