(a) Animals at Large. It shall be unlawful for the owner, or any other person having the possession, care, custody or control thereof, to permit any animal to run at large upon the public streets, walks, parks, or other public places within the City, unless such animal is attached to a suitable leash of sufficient strength to restrain such animal in such manner as to be kept under the control of the person accompanying it. It shall further be unlawful for the owner, or any other person having the possession, care, custody or control thereof, to permit any animal to go upon any private property within the City, without the permission of the owner or occupant of such private property.
(b) Bite. If an animal bites a person or another animal, that was not provoked, the bite will be assessed to determine severity. If it is a minor bite: single, shallow puncture wound or a single wound plus scrapes and bruises, requiring minimal or no doctor’s treatment, the owner shall pay a fine of one hundred dollars ($100.00). If it is a moderate bite: single deep puncture wound, multiple shallow puncture wounds, requiring medical care, the owner shall pay a fine of two hundred and fifty dollars ($250.00). If it is a serious bite: multiple deep puncture wounds, or requiring stitches, or loss of tissue or facial bites or requiring hospitalization, the owner shall pay a minimum fine of five hundred dollars ($500.00).
(c) Living on Property. It shall be unlawful for the owner of a dog to permit said animal to be restrained on property where no responsible person is residing. The exception to this section is when a dog is being used as a guard dog at a facility that is occupied during normal business hours.
(d) Vehicles. No person shall transport or leave any animal in a vehicle in such a way as to endanger the animal’s health, safety or welfare, including but not limited to dangerous temperatures, lack of air, food, water, or proper care.
(e) Barking Dog. No owner of a dog shall permit continuous barking which disturbs another person.
(f) Leash Law. No dog, cat or other pets shall be permitted in any public park or land without said animal being restrained on a suitable leash. A waste bag or suitable container must be on said person to pick up deposited animal waste and deposit it immediately in a trash receptacle.
(g) Disposal of Animal Waste.
(1) Any person owning or having charge, control, care and/or custody of any animal shall maintain in a sanitary manner the structure or enclosure within which such animal is kept. Excreta shall be removed from the structure or enclosure on a daily basis and deposited in a sanitary manner into a proper receptacle.
(2) Any person running or walking or having charge, control and/or custody of any animal shall immediately remove and dispose of, in a sanitary manner, any excreta deposited by said animal on the private property of another or on any public walk, street, grassy area, recreational area or other Municipally-owned or controlled property.
(3) No person owning or having control of property within the City shall accumulate excreta or permit excreta to lie on said property for any reason, regardless of its source.
(h) Health Hazard or Nuisance Created by Animal. It shall be unlawful for the owner, or any other person having the possession, care, custody or control of any animal to own, possess, harbor, shelter or keep any kind of animal that unreasonably annoys humans, endangers the life or health of another animals or person, substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property or that creates a public nuisance. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that:
(1) Causes fouling of the air by odor and thereby creates unreasonable annoyance, barking, yelping, menacing or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(2) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or
(3) Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained.
(4) Allow for or permit to be allowed the continuous barking of a dog.
(i) Cruelty. It shall be unlawful for any person to engage in cruelty to any animal as cruelty is defined in this chapter.
(j) Interference with Enforcement Prohibited.
(1) No person shall in any manner interfere with, file a false statement, hinder, molest, or abuse any officer or individual authorized to enforce the provisions of this chapter or any State or Federal law pertaining to or regulating animals.
(2) No person shall release or attempt to release an animal from a DCACA/WAC facility on a humane trap which belongs to DCACA.
(3) Refuse to surrender an animal upon lawful demand by the Chief Animal control Officer or any animal control officer.
(4) Hold, hide, or conceal any animal which the Chief Animal Control Officer or an animal control officer has deemed to be in violation of this chapter.
(k) Duty to Keep Animal Under Restraint—While on Property.
(1) It shall be the duty of every owner of any animal to ensure that it is confined by way of a fence or other enclosure or is restrained by chain or leash or, in some other physical manner, under the control of a competent person so that it cannot wander off the real property limits of the owner, it being the intent of this chapter that all animals be prevented from leaving, while unattended, the real property limits of their owners.
(2) In addition, all male and female dogs and cats that have not been spayed or neutered must be securely confined in such a way that they not only cannot get out to run loose, but also cannot be reached by other dogs or cats.
(l) Duty to Keep Animal Under Restraint—While off Property.
(1) 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 control at all times while the animal is off the real property limits of the owner, possessor or custodian.
A. For the purposes of this section, an animal is deemed under control when it is confined within a vehicle, whether parked or in motion; is secured by a leash or other device held by a competent person; or is properly confined within an enclosure with permission of the owner of the property where the enclosure is located.
B. An animal may be under voice control only if the owner is present and if the animal is responsive to the owner.
(2) No person shall tie, stake or fasten any animal within any street, alley, sidewalk or other public place or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place.
(3) Every female dog in heat shall be confined in a building or other enclosure in such manner that such female dog cannot come into contact with another animal except for planned breeding.
(4) Every animal shall be restrained and controlled so as to prevent it from harassing passersby, chasing vehicles, or attacking persons or other animals.
(m) Prohibition of Sale of Animals from Certain Locations. Except for established animal business enterprises with permanent structures, and the DCACA or WAC, the sale, distribution and giving away of animals from public property and from commercially and industrially zoned land is prohibited.
(Ord. 955. Passed 9-5-12; Ord. 14-967. Passed 7-2-14.)