(a) The owner or person having charge of any living creatures kept as household pets within the Municipality shall be responsible at all times for keeping such household pets confined upon the premises of the owner or person having charge and/or upon other privately owned premises with permission of the premises’ owner or owners or under the absolute control of the owner or the person having charge.
(b) If a household pet is found by the Animal Control Officer or other law enforcement officer on privately owned premises other than that of its owner, the owner or the person having charge of such household pet shall not be found in violation of this section unless an official complaint from the property owner has previously been made.
(c) Within City parks, no person may bring a dog or other domestic animal into areas other than:
(1) Automobile parking concourses and walks immediately adjacent thereto, or
(2) Such other areas as may be clearly marked by signs bearing the words “domestic animals permitted in this area.” Within those areas where animals are permitted, all dogs and other domestic animals shall at all times be on an adequate physical leash or tether which shall be not greater than twenty-five (25) feet in length when stretched to its maximum length, and no dog or other domestic animal shall be permitted to run at large or have unwanted contact with any individual.
(d) A household pet which is off the premises of its owner, keeper, or harborer, or otherwise enters the public domain, shall be restrained and controlled by a physical leash or tether which shall be not greater than twenty-five (25) feet long when stretched to its maximum length, and the pet must at all times be under the absolute control of the owner or person having charge, who shall prevent the pet from having unwanted contact with any individual.
(e) In the event of a complaint under this section, the Animal Control Officer or other law enforcement officer is empowered to use reasonable judgment to determine whether an owner is in control of his household pet and, if necessary, to dictate what corrective measures must be taken to restore such control.
(f) The following is prima facie evidence of a violation of this section:
(1) The running at large in the absence of the owner or person in charge of any such household pet within the public domain or on private premises whose owner has filed a complaint; or
(2) Refusal by the owner or person in charge when accompanying his household pet in the public domain to institute reasonable corrective measures the Animal Control Officer or other law enforcement officer has deemed necessary pursuant to paragraph c.
(g) Whoever violates this section is guilty of failure to keep a household pet confined, a minor misdemeanor. If the offender has previously been convicted of a violation of this section, then the violation is aggravated failure to keep a household pet confined, a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 103-2012. Passed 7-10-12.)