(A) A dog determined to be potentially dangerous pursuant to this chapter shall at all times while not securely confined indoors:
(1) Be confined in an area which is securely fenced and locked so as to prevent trespassing by children and from which the dog cannot escape; and
(2) When off the property of its owner or keeper, be humanely muzzled and leashed with a substantial leash or chain not to exceed four feet in length and under the control of a responsible adult who is familiar with and in control of the dog; or
(3) Be humanely confined in a vehicle so that it can neither escape nor inflict injury on passers-by.
(B) A dog determined to be vicious pursuant to this chapter at all times while not securely confined indoors:
(1) Shall be confined in an outdoor fenced enclosure on the property where the dog is kept or maintained, so it cannot bite, attack or cause injury to any person. All enclosures, fences and gates must be constructed of substantial material and installed and maintained in a workmanlike manner. The enclosure must be anchored solidly to the ground and must be of sufficient structural strength and height to ensure the strict confinement of the dog and to prevent unauthorized access. If necessary to accomplish the intent of containment, a cover over the enclosure shall be installed. In addition, any and all gates must be kept locked;
(2) May be off the property of the owner or keeper for purposes of obtaining veterinary care, being sold or given away, complying with any provision of law or with a directive of the City Manager or his designee or the Animal Control Department serving the city. Any such directive of the City Manager or his designee or the Animal Control Department serving the city shall be in writing and made a part of the animal's file with the city and the Animal Control Department serving the city.
(3) When off the property of its owner or keeper or in the care of a veterinarian, shall be securely and humanely muzzled and restrained with a harness and nylon leash, sufficient to restrain the dog, not exceeding four feet in length, and shall be under the direct charge and control of its owner or keeper.
For the purposes of this section, a dog which is humanely muzzled and/or confined in a vehicle shall be able to drink, breathe and pant freely under conditions which do not subject the animal to needless suffering. When circumstances warrant, an Animal Control Officer serving the city may modify conditions of restraint to accommodate the special needs of the dog. Within 48 hours of any restraint modification, the Animal Control Officer shall furnish the City Manager with a written explanation and justification for such modification.
(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99