No owner or keeper of any dog shall permit such dog to run at large or cause a nuisance to any other person.
   (A)   Restraint.
      (1)   Physical restraint. It shall be unlawful for any person owning or having possession, charge, custody or control of any dog to keep dog on his or her premises, or off the premises, unless such dog is under sufficient physical restraint to control the dog, or within a vehicle or adequately contained by a fence on the premises or other secure enclosure. If the physical restraint used is a leash requiring a person to control the dog, the person using such restraint must be of sufficient age and physical size or ability to reasonably restrain the dog. If the secure enclosure is an invisible fence system, then all components of the system must be in working order and in its proper place.
      (2)   Tethering. Dogs may be tethered to a permanent stationary object only if the following conditions are met:
         (a)   A tether shall be equipped with a swivel on both ends.
         (b)   A tether shall be a minimum of ten feet in length and shall be made of either metal chain or coated steel cable.
         (c)   Tethers shall be attached to a buckle-type collar or harness and under no circumstances shall the tether itself be placed directly around a dog’s neck. Tethers shall not be used in conjunction with training collars such as choke or pinch-style collars.
         (d)   The weight of the tether shall not exceed 10% of the total body weight of the dog but shall be of sufficient strength to prevent breakage.
         (e)   The tether by design and placement shall allow the dog a reasonable and unobstructed range of motion without the possibility of entanglement, strangulation or other injury. The tether shall allow the dog access to adequate food, water and shelter.
         (f)   A dog must be four months of age or older to be tethered.
         (g)   Only one dog shall be attached to a single tether.
         (h)   Pulley systems, running lines, and trolley systems may be used in conjunction with a tether.
         (i)   Pulley systems, running lines or trolley systems shall be at least ten feet in length and no more than seven feet above the ground.
            1.   The line of the pulley system, running line or trolley system to which the tether is attached shall be made of coated steel cable.
            2.   No tether shall be affixed to a stationary object which would allow a dog to come within five feet of any property line.
         (j)   An animal control officer may in his/her discretion order a more restrictive tethering requirement if circumstances require and it is not detrimental to the health, safety or welfare of a dog.
      (3)   Dogs kept in pens. Dogs kept primarily in outdoor pens shall meet the following specifications:
         (a)   Each dog weighing less than 25 pounds shall have a kennel of at least eight feet by ten feet in size;
         (b)   Each dog weighing 25 pounds or more shall have a kennel of a least ten feet by ten feet in size;
         (c)   Animal control officers are authorized to determine if a space is considered suitable to the number and size of dogs housed in an outdoor enclosure;
         (d)   Dogs kept primarily outdoors shall not be housed in carriers, crates, or other similar devices and must be provided adequate shelter as provided in § 91.35(E). Adequate shelter shall not include metal or plastic barrels, cardboard boxes, carriers, crates, underneath steps, decks, stoops, houses, motor vehicles or in areas of standing water.
   (B)   Nuisance. It shall be unlawful for any person to own, keep, possess or maintain a dog in such a manner as to constitute a public nuisance or a nuisance to neighbors. By way of example and not of limitation, the following acts or actions of an owner, harborer or possessor of a dog are hereby declared to be a public nuisance and are, therefore, unlawful:
      (1)   Having a dog that disturbs the rights of, threatens the safety of or injures a member of the general public or interferes with the ordinary use and enjoyment of his or her property.
      (2)   Permitting a dog to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers or vegetables.
      (3)   Maintaining dogs in an environment of unsanitary conditions or lack of cleanliness which results in offensive odor or is dangerous to the public health, welfare or safety, or failing to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease.
      (4)   Maintaining property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the dogs on the property.
      (5)   Allowing or permitting a dog to bark, whine, howl, or cause noise in an excessive, continuous or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises.
      (6)   Maintaining a dog that is diseased and dangerous to the public health.
      (7)   Maintaining a dog that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, dogs walked on a leash by owners, bicycles or vehicles.
      (8)   Failing to remove feces deposited by a dog on any public street, sidewalk, gutter, park or other publicly owned property. This subsection shall not apply to visually impaired persons who have charge, control or use of guide dogs.
(‘84 Code, § 4-11) (Ord. passed 10-4-83; Am. Ord. O-1999-58, passed 9-21-99; Am. Ord. O-2012-19, passed 7-17-12)  Penalty, see § 10.99