(A)   It shall be unlawful for any owner or possessor of any dog or cat to allow such dog or cat to run at large, whether wearing a collar and tag or not, within the incorporated or unincorporated areas of the town. Any and all such dogs found running at large, whether wearing a collar and tag or not, shall be immediately impounded by any police officer. The officers may pursue the animal onto private property to effect capture of such animal.
   (B)   The owner or possessor of the animal can be issued a summons into court for that town ordinance violation. An animal may be exempt from this chapter when the surgical procedures may be detrimental to the animal's health, with a licensed veterinarian confirming this in writing and notice is given to the town within ten days.
   (C)   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 jointly responsible for the minor's violation of this chapter.
   (D)   It shall be the duty of every owner or custodian of any dog to ensure that the dog is kept under restraint and that reasonable care and precautions are taken to prevent the dog 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; or
      (3)   On a leash and under the control of a competent person; 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 divisions (D)(1) or (2) of this section while on the owner's property.
   (E)   The following additional precautions shall be taken by the owners, possessors, or custodians of vicious or dangerous animals:
      (1)   In addition to the requirements in division (D)(1) of this section, the owner of a dangerous or vicious dog who maintains the dog out-of-doors shall fence a portion of the property with a second perimeter or area fence. Within this perimeter or area fence, the vicious or dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides and a secure top attached to all sides. The sides must either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel shall be of the inward-opening type and shall be kept locked except when tending to the animal's needs such as cleaning the kennel or providing food and water;
      (2)   Whenever the dog is outside of its enclosure as provided for in this subsection, but on the owner's property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape. The leash shall be no longer than ten feet, and the animal must be kept at least 15 feet within the perimeter boundaries of the property unless the perimeter boundary is securely fenced; and
      (3)   No vicious or dangerous dog shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post or building, outside of its own enclosure as provided for in this division.
   (F)   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; and
      (2)   A beware of dog sign shall be conspicuously displayed on each exterior side of the enclosure for each 50 feet of enclosure, with a minimum of two, as well as a sign on each ingress or egress point to the enclosure. Signs shall be a minimum of ten inches high and 14 inches long.
   (G)   The chaining of dogs is discouraged, but if it is done, the following is required:
      (1)   The dog must be able to reach fresh food and water 24 hours a day;
      (2)   The chain must be at least 12 feet in length;
      (3)   The chain must be not of a weight heavy enough to cause physical damage to the dog's neck or body;
      (4)   The chain 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;
      (5)   The dog must have shelter from the weather, yet free from becoming entangled with the chain. The dog must have access to the shelter 24 hours a day; and
      (6)   The shelter or doghouse must be kept clean and sanitary and in good repair so the dog does not injure itself on nails, wood pieces, metal pieces, etc. A shelter from weather must be provided during all seasons of the year.
(Ord. 2015-03, passed 4-9-15) Penalty, see § 13.02