SEC. 5-45. DOG DEFECATION.

   (A)   No person shall, knowingly or by failure to exercise due care, permit any dog owned, harbored or controlled by that person to defecate on any public property or on any private property without the consent of the person owning or occupying the private property.

   (B)   If the person owning, harboring or controlling the subject dog immediately and properly removes such defecation material from such public or private property, the person shall not be in violation of this section.

   (C)   Any person having the control or custody of a dog on public or private property shall at all times have in his/her possession a wrapper, bag, container or other receptacle suitable for pickup and removal of any defecation material deposited by such dog.

(`64 Code, Sec. 5-25) (Ord. No. 735, 1811, 2318)

SEC. 5-46. PENALTY FOR VIOLATIONS.

   Violation of sections 5-61, 5-63 and 5-66 shall be an infraction. The minimum penalty for a first conviction shall be a $100 fine; for a second conviction within one year of the first conviction, the minimum penalty shall be a $200 fine; for a third or subsequent conviction within one year of the first conviction, the minimum penalty shall be a $500 fine.

(`64 Code, Sec. 5-26) (Ord. No. 735, 2318)

DIVISION 2. LICENSING

SEC. 5-50. APPLICABILITY OF DIVISION.

   The licensing provisions of this division do not apply to any dog or cat:

   (A)   While in the immediate custody and control of a person who is engaged in traveling through the city and who is not a resident of the city;

   (B)   Actively engaged in or training for dog or cat shows or field trials;

   (C)   In the city for a period not exceeding 30 days for the purpose of breeding or displaying the dog or cat at shows, exhibitions or field trials; and

   (D)   Confined to the premises of a benevolent organization devoted to the care of lost or homeless animals, or that is confined in an animal hospital for treatment, or confined in a dog or cat kennel, licensed under the provisions of this chapter; provided, that such dog or cat remains, at all times, upon the premises of such benevolent organization, animal hospital or dog or cat kennel.

(`64 Code, Sec. 5-27) (Ord. No. 735, 762, 2388)

SEC. 5-51. DOG EXEMPTION FROM WEARING LICENSE TAG.

   The license tag need not be worn when the dog is:

   (A)   Securely confined in a cage or vehicle;

   (B)   Confined in a veterinary facility, licensed kennel, grooming facility, or State chartered benevolent organization for the care of animals; or

   (C)   Participating in or training for sporting events, field trials, obedience classes, dog shows or herding livestock.

(`64 Code, Sec. 5-27.1) (Ord. No. 1043, 1616, 2388)