(a) It shall be unlawful for the owner or person in control or charge of any dog to permit such dog to defecate and to allow the feces to remain upon any public street, sidewalk, pathway, park, pedestrian way, or any public facility; on any school ground; or on any private property not owned or possessed by the dog owner or handler of such dog unless the person shall immediately and securely enclose all feces deposited by the dog in a bag, wrapper, or other container and dispose of it in a sanitary manner.
(b) Any person who has the charge and control of a dog on any public street, sidewalk, pathway, park, pedestrian way, or any public facility; on any school ground, or on any private property now owned or possessed by the owner or person having the charge or control of such dog shall at all times maintain in his or her possession sufficient suitable wrappers, bags, or container for the purpose of complying with the requirements of this Section. The failure of such person to carry such wrappers, bags or containers when in charge or control of dog on any public street, sidewalk, pathway, park, pedestrain way or any public facility; on any school ground; or on any private property not owned or possessed by the owner or handler shall constitute prima facie evidence of his or her intent to violate this section.
(c) A blind person accompanied by a guide dog, or a police dog in the performance of law enforcement duties, shall be exempt from the provisions of this section.
(d) Any person violating this section is guilty of a misdemeanor, and upon conviction shall be punished:
(1) By a fine of not less than twenty dollars or more than fifty dollars for the first offense; or
(2) For the second and subsequent offenses occurring within one year of the first offense, a fine of not less than thirty dollars or more than one hundred dollars. (Ord. 2002-8. Passed 10-7-02.)