(A) (1) It shall be unlawful for any owner to restrain a dog using a chain, wire or other type of tethering device on vacant, unoccupied or uninhabited property.
(2) It shall be unlawful for any owner or commercial breeder to keep, pen or kennel a dog on vacant, unoccupied, uninhabited property or a property that does not contain a properly zoned and occupied residence. The owner or custodian of any dog must reside on the parcel of land where that dog is tethered, kept, permitted or kenneled. This section shall apply to the owners of a commercial breeder.
(3) Tethered dogs shall have access to adequate food, water and shelter. Dogs must have adequate shelter that protects them from injury and the weather, including rain, direct sunlight, heat above 90 degrees, and cold below 32 degrees, flooding, tornadoes, thunderstorms, tropical storms and hurricanes. It must have a solid floor and be large enough for the dog to lie in comfortably. Dogs must always have access to fresh water in a clean and durable container and must be provided with nutritious food on a daily basis. Any shelter must be kept in a sanitary condition.
(B) It shall be unlawful for any person, without the consent of an animal's owner or keeper, to knowingly and intentionally harbor or keep in possession by confinement any animal that does not belong to him or her. Any person in possession of a stray animal shall contact the Village of Simpson within 24 hours to provide notice of the stray animal's description and location or to arrange for impoundment. It shall also be unlawful for any person other than the owner or keeper of an animal to remove its collar or rabies tag.
(C) No more than three dogs, over six months old, shall be kept on any residential or commercial parcel of land in town containing one-half an acre or less. No more than five dogs, over six months old, shall be kept on any residential or commercial parcel of land in town containing more than one-half acre.
(D) No dog pen or enclosure shall be within 30 feet of the dwelling or house of any person other than the dog's owner, unless by permission of the neighbor in writing. No pen shall be built for the purpose of maintaining more than five dogs within 500 feet of the town limits. This section shall also apply to commercial breeders.
(E) It shall be unlawful for any commercial breeder to keep and maintain more than three female dogs, over six months old, at their kennel.
(Ord. 23-O-003, passed 10-16-2023) Penalty, see §
90.99