§ 90.12  RESTRAINT OF ANIMALS/ANIMALS AT LARGE.
   (A)   It shall be unlawful for any owner or custodian of any animal to allow such animal to run at large, whether wearing a collar and tag or not, within the incorporated areas of the city. Any and all such animals found running at large, whether wearing a collar and tag or not, shall be immediately impounded by officers of the animal control unit or any Noblesville police officer. The officers may pursue the animal onto private property to effect capture of such animal.
   (B)   It shall be the duty of every owner or custodian of any animal to exercise reasonable care and take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from the animal's behavior. If the owner or custodian of any animal is a minor, the parent or guardian of such minor shall be responsible for the minor's violation of this chapter.
   (C)   It shall be the duty of every owner or custodian of any animal to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving the real property limits of its owner, possessor, or custodian, and ensure that it is:
      (1)   Securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition; and that such enclosure is securely locked at any time the animal is left unattended.
      (2)   Securely and humanely restrained by chain, cable or trolley, or other tether of sufficient strength to prevent escape.
      (3)   On a leash and under the direct control of a competent person while on public property or property open to the public; or off a leash and obedient to that person's command and that person is present with the animal any time it is not restrained as provided for in division (C)(1) or (C)(2) of this section while on the owner's property or areas designated as dog parks.
   (D)   The chaining of dogs is discouraged, but if it is done, the following is required:
      (1)   It shall be unlawful for any dog to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether or confine a dog at a vacant structure or premises for any purpose or time when it is not monitored by a competent person who is present at the property for the duration of such tethering or confinement.
      (2)   The dog must have shelter from the weather, yet free from becoming entangled with the tether. The dog must have access to the shelter for the duration it is tethered. Adequate shelter must be kept and maintained in accordance with the definition provided in § 90.02 of this chapter.
      (3)   The tether must be at least twelve (12) feet in length with operational swivels on both ends. If the dog is attached to a trolley system, the running line must be at least twelve (12) feet in length and the tether length must be greater than the height of the running line.
      (4)   The dog shall not be tethered by use of a choke collar nor by any rope, chain or cord directly attached to the dog's neck. The tether must be not of a weight heavy enough to cause physical damage to the dog's neck or body.
      (5)   The tether must be attached in a manner so that it cannot wrap around vertical items such as a barrel, pole or tree. It must be able to move freely in all directions.
   (E)   The owner or custodian of any guard dog or watchdog must confine such dog within a perimeter fence and meet the following conditions:
      (1)   The fence shall be sufficient to prevent the dog's escape, with all points of ingress and egress securely locked at all times.
      (2)   A beware of dog sign shall be conspicuously displayed on each exterior side of the enclosure for each fifty (50) feet of enclosure, with a minimum of two (2) , as well as a sign on each ingress or egress point to the enclosure. Signs shall be a minimum of ten (10) inches high and fourteen (14) inches long.
(Ord. 09-02-21, passed 2-23-21)