A. Unlawful: It is unlawful to permit any animal to run at large in the town. Any such animal may be impounded as provided in this chapter. It is also unlawful for any person to release an animal or animals belonging to another, by opening a gate and then failing to close the gate of a barn, pen, corral, pasture, or similar enclosures thereby causing or permitting the animal or animals to roam at large. In the event a person, not the owner of the animal(s), has negligently, or unlawfully opened a pen, corral, pasture, or similar enclosure and thereby caused or permitted an animal or animals to run at large, then and in that event, such person is liable for the damages caused by such animal(s) while at large.
B. Enclosure Required: Any person who keeps or causes to be kept any animal (except for cats) within the corporate limits of the town shall keep such animal in a pen, corral, pasture or similar enclosure to prevent their roaming at large. No such animal shall be kept within fifty feet (50') of any occupied structure which is not occupied by the owner.
1. Exceptions: The prohibition against animal(s) running at large stated herein does not apply to animals kept in those areas within the city limits that are or have been enclosed by fences, corrals, barns, pens or similar enclosures being used for agricultural or personal purposes, including, but not limited to, rangeland(s), pasture(s), corral(s), barn(s), or pen(s), or similar enclosures, regardless of the size of such rangeland(s), pasture(s), barn(s), corral(s), pen(s) or similar enclosure(s). This exception shall also apply to the heirs, lessees, and assigns of the owner(s) of such barn(s), corral(s), pen(s) or similar enclosure(s).
2. Cattle Guards: If an owner of real property elects to lawfully sell or lease acreage bounded in any way within such rangeland(s), pasture(s), corral(s), pen(s) or similar enclosure(s), then and in that event, at the point(s) of ingress/egress of the external boundary of the rangeland(s), pasture(s), corral(s), barn(s), pen(s), or similar enclosure(s), the seller or landowner shall provide a cattle guard and a gate by which entry and exit thereto can be made. Any person that tampers with a cattle guard such as covering it with flat surfaced materials, filling it with sand, gravel or rock, or opening a gate contiguous thereto, shall be guilty of a class one misdemeanor. (Ord. 07-283, 2-13-2007)
C. Picket Or Tie In Streets: It is unlawful to picket or tie any animal on any of the streets or rights of way of the town for the purpose of grazing or feeding if it interferes with the safe passage of pedestrians or vehicles.
D. Impounding Authority: Any animal at large may be impounded by the animal control officer.
E. Liability For Damages: The owner of an animal is liable for damages caused by such animal while at large. (Ord. 119, 2-25-1997)