(A) It shall be the duty of every owner of any animal, or anyone having an animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damages which might result from his or her animal’s behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.
(B) In the event the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this subchapter are complied with.
(C) It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner, possessor, or custodian, and that it is 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. Such enclosure must be securely locked at any time the animal is left unattended; or it must be securely and humanely restrained by chain, cable and trolley, or other tether of sufficient strength to prevent escape; or it must be on a leash under the control of a competent person.
(D) Whenever outside of its enclosure as provided herein, but is on the owner’s property, a dangerous animal must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent its escape. No dangerous animal 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 herein. If the owners of dangerous animals maintain their animal out-of-doors, a portion of their property must be fenced with a perimeter or area fence. Within this perimeter fence, the 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 fence must have secure sides, a secure top attached to all sides, and 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 must be locked.
(E) It shall be the duty of the owner of any animal or anyone having an animal in his or her possession to keep the animal under restraint and in control at all times while the animal is off the real property limits of the owner, possessor, or custodian. For purposes of this section, the animal is deemed UNDER CONTROL when it is securely confined within a vehicle parked or in motion, it is properly confined within a secure enclosure with the permission of the owner of the property where the enclosure is located, or it is securely restrained by a leash or other device held by a competent person.
(F) Except when being transported in, and securely confined within, a vehicle, no dangerous animal shall be permitted off the property of his or her owner except when it is attended by its owner; is restrained by a secure collar and leash (not to exceed six feet in length), both collar and leash to be of sufficient strength to prevent escape; and muzzled by sufficient means to prevent its biting other persons or domestic animals.
(G) Enforcement of restrictions on dangerous animals.
(1) In the event that any law enforcement officer has probable cause to believe that a dangerous animal is being harbored in violation of this subchapter he or she may:
(a) Order the violation immediately corrected and cite the owner or keeper to appear in court for the violation; or
(b) If the violation cannot be immediately corrected and the animal is posing an imminent serious threat to human beings or other domestic animals, the animal may be seized and impounded, in which case the owner or keeper will be cited to appear in court for the violation. At the owner’s request and expense, such impoundment may be at a veterinarian or licensed kennel of the owner’s choosing. If the court rules that the animal is not dangerous as defined, it will be released to the owner. If the court rules that it is dangerous as defined, the animal will be released to the owner after payment of any fees and penalties, and upon presentation of proof that the animal will now be kept restrained or confined as specified in this subchapter.
(2) If the owner or keeper of any alleged dangerous animal impounded for violation of this subchapter presents proof that the animal will now be kept in compliance with this subchapter, the animal will be released upon payment of any fees and penalties due.
(3) If the owner or keeper of an alleged dangerous animal fails to either provide proof that the animal will now be kept restrained or confined in compliance with the provisions of this subchapter, or fails to reclaim it after impoundment, and if it cannot be adopted by someone providing proof that it will be kept restrained or confined as specified in these provisions, it will be humanely euthanized.
(H) All owners, keepers, or harborers of any guard dog or dangerous animal shall display in a prominent place on his or her premises, and at each entrance or exit to the area where such animal is confined, a sign easily readable by the public using the words “Beware of Dangerous Animal” or “Beware of Dog”.
(2005 Code, 90.31) (Ord. 93-0602, passed 7-6-1993) Penalty, see § 90.99