It shall be deemed a violation of this section for any person to permit any animal to be at large as defined herein.
   (A)   It shall be a violation of this section when an animal is not under the physical control of a responsible person, by means of a leash, or not in the physical presence of its owner or person in custody of said animal while on the owner’s property, or not confined to the real property of its owner or person who has custody or control of the animal by means of a fence constructed in a manner which serves to keep said animal confined to the property. Additionally, dog(s) must comply with the minimum standards set forth in §§ 90.09, 90.10 and 90.11.
   (B)   It shall be deemed a violation of this section for the owner of any animal to locate or secure an animal in such a manner that it has access to public property, communal areas, common ground, or the property of another without the written consent of the owner of such property.
   (C)   It shall be a violation of this section for the owner of any animal to transport any animal in a motor vehicle unless the animal is securely enclosed within the vehicle, or if traveling in an unenclosed vehicle (including but not limited to convertibles, pick up, and flat bed trucks) is confined by a container, cage, or other device that will prevent the animal from reaching, attempting to bite, or biting passers by, from the confines of the motor vehicle.
   (D)   It shall be deemed a violation of this section for an animal to go at large and bite, scratch or injure any person or animal. Two hundred and fifty dollars first offense, second offense $500.00, third or subsequent violation, mandatory court appearance.
   (E)   Any animal found by an officer to be in violation of this section may be seized and impounded and, as an alternative or in addition to impoundment, the officer finding said dog at large may issue a citation as provided in § 90.33.
   (F)   The penalty for an unaltered dog or cat found at large shall be $250.00 first offense, and $500.00 for each offense thereafter. For the purposes of this section, “unaltered” shall mean any dog or cat that has not been spayed or neutered. This penalty shall be waived if proof the has been spayed or neutered is furnished to the Animal Division within 30 days from the citation date.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2007-20, passed 1-9-07; Am. Ord. 2009-19, passed 1-27-09; Am. Ord. 2011-40, passed 4-12-11) Penalty, see § 90.99