(A) (1) It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large within the city.
(2) For the purpose of this section, any dog shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when outside of the property of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape, provided, however, that the governing body of the city may, by resolution, designate from time-to-time, areas within the city within which dogs may be allowed to run outside of the property of its owner, keeper or harborer and not physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint.
(B) A legally blind person using a seeing eye dog or a deaf person using a hearing dog in the customary manner shall be deemed to be in compliance with this section.
(C) Official use of dogs by any governmental unit shall be deemed in compliance with this section.
(D) If an officer finds a dog running at large in violation of this section, the officer has the authority to pick up the animal and transport it to the animal shelter or other city-designated place of impoundment. The owner or person claiming the animal shall pay an impoundment fee to the city through the Police Department in addition to the fees as provided for in § 90.18(E).
(E) Any person owning, keeping or harboring any dog found to be running at large shall be guilty of a misdemeanor and punished, in addition to the impoundment fees, as provided for in § 90.99(A)(1).
(F) Notwithstanding the provisions of division (A) above, the owner, keeper or person harboring any female dog or cat shall, during the period that the animal is in heat or in state of estrus, keep it securely confined within an area secure from access by male dogs and cats running at large, except when out upon the person’s premises briefly for toilet purposes while on a leash or otherwise effectively physically restrained and under supervision. Any person found in violation of this section shall be punished as provided for in § 90.99(A)(1).
(G) (1) In the case of cats, it shall be unlawful for any person owning, keeping or harboring any cat to permit, suffer or allow the cat to run at large within the city so that the cat poses a nuisance to the neighbors or the public welfare. A cat which poses a nuisance is one which interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of property of others, or one which falls within the definitions as set forth in § 95.01.
(2) For purposes of this division (G), the term
NEIGHBOR shall be defined as set forth in § 90.06(A)(2).
(3) Any person found in violation of this section shall be punished as provided for in § 90.99(A)(1).
(H) (1) It shall be unlawful for any person owning, keeping or harboring any dog or cat to allow the animal to injure or destroy any personal or real property of any description belonging to another person.
(2) Any person found in violation of this section shall be punished as provided for in § 90.99(A)(1). The owner, keeper or person harboring any such dog or cat, in addition to the person’s usual judgment upon conviction, may be made to be liable to the person so injured in an amount equal to the value of the damage so sustained.
(Prior Code, § 8-5) (Am. Ord. 3693, § 1, 6-5-2007) Penalty, see § 90.99