A. Animals At Large Prohibited: It shall be unlawful for any animal to run at large, except:
1. Animals may be at large while participating in field trials and obedience classes.
2. Animals properly controlled by a participant as part of a recognized dog club.
3. Animals assisting a peace officer engaged in law enforcement duties, or while being trained for the same.
4. Animals on the owner's private property so long as such animals are under the direct and effective sound or gesture control, and within sight of owners or such individuals noted above, to assure that such animals do not violate any provisions of this title.
B. Livestock Running At Large Prohibited: No livestock shall be allowed to run at large or be picketed or staked out or driven upon any street, sidewalk, airport or any other public place within the limits of the city, except by permission of the chief of police and all such animals so found running at large, picketed or staked out without the owner thereof having first secured a permit from the chief of police may be impounded and taken to the shelter. Permits shall be issued by the chief of police only after he has determined that the health, safety, peace and quiet, and property of the citizens of the city will not be endangered or damaged by such animals.
C. Animals In Vehicles: No driver of a motor vehicle shall transport or carry on any public highway or street any dog in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a shell, container, cage or other device that will prevent the dog from falling from, being thrown from or jumping from the motor vehicle.
D. Confinement Of Female Dogs Or Cats: Any owner or person having charge, care, custody or control of any female dog or cat in estrus shall, in addition to restraining such dog or cat from running at large, cause such a dog or cat to be constantly confined in a humane manner in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other dogs or cats and creating a nuisance, except for a planned breeding.
E. Vicious Or Dangerous Or Potentially Dangerous Animals: Any known vicious, dangerous, potentially dangerous, or threatening animal shall be restrained on the owner's premises in such a way as to protect any person lawfully entering or passing such premises. Every vicious or dangerous or potentially dangerous animal shall be muzzled or caged whenever off the premises of its owner.
F. Unlawful Attacks: The owner, keeper or harborer of any animal that attacks, bites, chases or threatens any person, any domestic animal or any species of wildlife shall be guilty of a class B misdemeanor.
G. Unlawful Restraining: In addition to the provisions regarding tethering of dogs on private property set forth in subsection L of this section, it is unlawful for any person to chain, stake out or tether any animal on any unenclosed premises in such a manner that the animal may go beyond the property line or onto the premises of another person, unless the owner or lessee of the affected property has given permission. No animals shall be chained, staked out or tethered along alleys, sidewalks or along public streets or easements.
H. Fowl Running At Large: It is unlawful for the owner of any domestic fowl, such as turkeys, ducks, geese, chickens, peacocks, pigeons and any game fowl to permit such fowl to trespass or go upon the premises of another or to run at large within the limits of the city.
I. Unlawful Straying: It is unlawful for any person, owning or having the custody, possession or control of any animal of a class of livestock to allow, either negligently or with specific intent, the animal to run at large in or about a public property or roadway, where such is not otherwise permitted by law, or to otherwise permit the animal to be herded, pastured or to go upon the land of another without permission.
J. Fencing: All fencing of property, where a class of livestock are kept, shall be of sufficient construction to prevent the escape of or injury to the animals being confined, within the fencing. The fencing shall be maintained so that no part of such fence, absent extraordinary circumstances, may be broken, damaged or in any way create the possibility of injury to the confined animal or to allow escape thereof.
K. Liability: The owner or person charged with responsibility for any animal running at large or otherwise improperly restrained shall be strictly liable for any violation under this section, regardless of whether or not such owner or person knows that the animal is running at large or that is otherwise in violation.
L. Unlawful Tethering Of Dogs On Private Property:
1. At all times, dogs shall be humanely restrained, as defined in section 13-2-1 of this chapter.
2. As used in this subsection, "tether" means to restrain a dog by tying the dog to any object or structure including, without limitation, a house, tree, fence, post, garage, or shed, by any means, including, without limitation, a chain, rope, cord, leash or running line. Tethering shall not include using a leash to walk a dog.
3. It shall be unlawful for any person to tether a dog while outdoors on private property, except when all of the following conditions are met:
a. The tether is connected to the dog by a buckle type collar or a body harness made of nylon or leather, and of an appropriate size for the breed.
b. The tether has the following properties: it terminates at both ends with a swivel; it does not weigh more than one- eighth (1/8) of the dog's weight; and it is free of tangles.
c. The dog is at least six (6) months of age.
d. The dog is not sick or injured.
e. Pulley, running line, or trolley systems are at least fifteen feet (15') in length and are less than seven feet (7') above the ground.
f. If there are multiple dogs, each dog is tethered separately so as not to become tangled.
g. The dog shall be tethered for a maximum of ten (10) hours in a twenty four (24) hour period.
M. Restraining Animals And Leash Law: It is unlawful for any person owning or having the custody, possession, or control of any animal to, either negligently or with specific intent, improperly restrain or fence the animal in a manner that allows the animal to escape or to run at large. Dogs are to be restrained on a proper leash at all times on the public right of way and in public places.
(Ord. 2013-44, 10-15-2013)