The Board of Trustees hereby finds, determines, and declares: That the following actions of dogs are detrimental to the public health, safety, and welfare of the inhabitants of the Town of Simla and the Board hereby declares that it shall be unlawful for any dog owner to allow their dog, as hereinabove defined to:
A. Run at large in the Town of Simla unless said dog is under reasonable control of the owner. For the purpose of this chapter, a dog shall be deemed under such reasonable control when said dog is accompanied by its owner, or some member of the owner's family or with some employee or agent of the owner, with the dog attached to a leash. For the purpose of this chapter, a dog shall be deemed not under reasonable control when: (1) said dog inflicts damage or injury (by biting, jumping upon, pollution of vegetation, or by any other means whatsoever) to the person or property of anyone other than the owner, except in the defense of the owner, their family or property; or (2) in the case of any unsprayed female dog not securely confined in the owner's yard, pen or other enclosure.
B. Menace or attack persons or vehicles.
C. Attack other animals.
D. Go upon school premises without the permission of the person in charge thereof.
E. Bark, whine, howl or make other noise in a manner which, under non-mitigating circumstances could be considered by reasonable person/s of ordinary sensibilities, as excessive, or continuous.
F. Attack other animals and cause them to congregate or remain on or about any premises because of being a female in heat and because of the nature of its confinement or lack of the same.
G. Damage public property or private property not owned by the dog owner.
H. Be abandoned.
I. Be tied or otherwise physically fastened to any object on public property when the owner has departed from the immediate vicinity of the location where the animal has been physically fastened; or be tied or otherwise physically fastened on private property so as to create an immediate danger to the physical well-being of the animal or any person.
J. Defecate upon public property or private property not owned by the owner, and such excreta is not immediately removed by the owner at that time.
K. Be inside a building open to the public where food or beverages are prepared, stored, or sold; however, this paragraph does not apply to certified service dogs.
L. Be found unleashed in a public park, provided, however, this subsection does not apply to certified service dogs, government owned animals or animals participating in shows or exhibits authorized by the Board of Trustees.
(Ord. 333, 1-10-2023)