(a) No owner, keeper, or harborer of any dog or animal, other than felis catus and on-duty police dogs shall fail at any time to do either of the following:
(1) Keep the dog or animal physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape.
(2) Keep the dog or animal restrained by a leash or tether when off the premises of the owner, keeper, or harborer, and:
A. On occupied lots within residential districts without sidewalks, within ten (10) feet of the nearest street edge.
B. On occupied lots within residential districts with sidewalks, on the sidewalk or within the tree lawn area.
(Ord. 18-O-046. Passed 5-15-18.)
(b) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
(c) Whoever violates this section that involves an animal that is not a dangerous animal or vicious animal is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(d) Whoever violates this section that involves a nuisance animal is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense involving the same animal. Upon a person being convicted of or pleading guilty to a third violation of this section, involving the same animal, the court shall require the offender to register the involved animal as a dangerous animal.
(e) Whoever commits a violation of this section that involves a dangerous dog, is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(f) Whoever commits a violation of this section that involves a vicious dog is guilty of one of the following:
(1) A felony of the fourth degree, if the dog kills a person, and shall be prosecuted under appropriate state law. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(2) A misdemeanor of the first degree if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(3) A misdemeanor of the third degree if the dog causes physical injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(4) A misdemeanor of the fourth degree in all other instances on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(g) Any police officer or Animal Warden is authorized to enter private property to capture any animal running at large. (Ord. 12-O-47. Passed6-5-12.)