§ 90.26 UNLAWFUL ACTS AND REMEDIES.
   (A)   It is unlawful for the owner of any animal to permit the animal to run at large in the city. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the owner permitted the animal to run at large.
   (B)   It is unlawful for the owner of any potentially dangerous dog to allow the animal out of a contained secure premises, when not chained with a leash or one that is attached or securely held by a substantial stake or an owner or member of the owner’s immediate family over 16 years of age and of substantial strength so as to control all movement or lack of movement by the dog. Any potentially dangerous dog which is not in compliance with the terms of this division (B) may be seized and impounded. If the animal cannot be seized, including the use of tranquilizer guns, and is running at large, it may be destroyed. At the request of the city, the owner of any dangerous dog or potentially dangerous dog who has been seen running at large, bitten any person or other animal, or in any other manner endangered or threatened to endanger the lives or safety of humans or domestic animals shall forthwith deliver the dog to the animal pound and may be ordered by the city to appear in court to show cause why the animal should not be destroyed.
   (C)   It is unlawful for the owner of any animal to suffer or permit the animal to disturb the peace and quiet of the city or any of its residents by howling, crying, barking or making any other loud or unusual noise. If a dog is outside on any private premises and is so disturbing the peace, a law enforcement officer may summarily abate the nuisance by impounding the dog. It shall be prima facie evidence of a violation of this division (C) if an animal continues to disturb the peace and quiet for a period of five minutes or more.
   (D)   It is unlawful for any person to maltreat, abuse or neglect, or in any other manner treat any animal in a cruel or inhumane manner.
   (E)   It is unlawful for any person to harbor or keep any stray animal. Animals known to be strays shall be immediately reported to the law enforcement officials.
   (F)   It is unlawful for any person, not acting under instructions from the owner or the city, to willfully or maliciously administer or cause to be administered, poison of any sort whatsoever to any animal, with the intent to injure or destroy the animal, or to willfully or maliciously place any poison or poison food where the same is accessible to any animal. The provisions of this division (F) shall not apply to the poisoning of common rodents or insects; however, the placement of the poison shall be in areas which are inaccessible to domesticated animals.
   (G)   It is unlawful for the owner or person attending any animal to allow it to defecate on any public or private property other than that owned by the owner or attendant or under his or her direct control and with consent of the owner; or to permit any accumulation thereof on the owner or attendant’s property. If the animal does defecate on public or private property in violation of the provisions of this division (G), it shall not be a violation of the provisions herein if the owner or attendant shall immediately and thoroughly clean up and remove the fecal material from the property and properly dispose of it in a manner permitted by law.
   (H)   It is unlawful for any person to abandon or set loose any animal owned or controlled by the person.
   (I)   It is unlawful for any parent or guardian of a non-emancipated minor under 18 years of age to allow the minor to own an animal in violation of this section or to allow the animal to be kept, maintained or in any other manner controlled in violation of this section.
(Prior Code, § 10.11) (Ord. 7, Fourth Series, effective 5-30-2019) Penalty, see § 10.99