(A) (1) It shall be unlawful for any person to own or keep a dog which runs at large in the town. Knowledge or acquiescence by the owner is not an element of the offense. An animal shall not be deemed to be running at large if:
(a) The dog is firmly attached to a leash or chain under the physical control of its owner;
(b) The dog is within a structure or within a fence enclosure with the permission of the owner of the structure; or
(c) The dog has an operating electronic collar and is under the charge or control of its owner who is operating an electronic pet containment system or electronic training system for the animal.
(2) Notwithstanding this division (A), all dogs on the public right-of-way in the central business district (8th Street) must be kept on a leash or chain under the physical control of its owner.
(3) Notwithstanding this division (A), Stillwell Park is not included but owner is subject to Pocahontas County Parks and Recreation rules for that facility.
(B) Any dog on property without permission of the property owner shall be deemed to be a dog at large, and the owner of such animal shall be in violation of this section.
(C) The provisions of this section shall not apply to service animals.
(D) Any person found guilty of a dog at large as defined herein shall be punished by a fine as set forth in § 90.999. If the owner agrees to forfeit ownership of the animal, all interest in the animal shall vest to an animal welfare organization for appropriate disposition.
(Prior Code, § 3-311) (Ord. passed 11-7-2011) Penalty, see § 90.999