(A) The purpose of this section is to protect the health, safety and welfare of the citizens of Springdale. This section is intended to prevent animals from causing personal injury and property damage, spreading disease, and from creating the perceived threat of harm within close proximity to public right-of-ways.
(B) An animal “running at large” as used in this section shall mean any animal which is free to roam without any visible form of control or not within the physical control of its owner. Some visible forms of control are leashes, chains, fences and cages. An animal shall not be deemed to comply with this section when it is regulated by an electronic dog containment system.
(C) No person, being the owner of any animal, or harboring or having charge or control of the same, shall permit the animal to run at large in any street, lane, alley, or on public grounds of the city, or within six feet of a public right-of-way, even if the animal is constrained by an electronic dog containment system. Nor shall said person permit the animal to go on or enter any private yard, lot, or enclosure of another.
(D) Any animal which appears to be without visible control or not within the physical control of its owner, in or on any of the prohibited areas state in division (C) above, shall be presumed to be in violation of this section and it shall be the burden of the owner or the person harboring, having charge or control of the same to demonstrate and prove that the animal was under a visible form of control or within the physical control of its owner. The owner shall be strictly liable and it shall not be a defense that they did not knowingly allow the animal to run at large.
(E) The running at large of any animal in or on any of the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.
(F) It shall be the duty of the members of the Police Department to capture and impound any animal running at large. The Police Department will board the impounded animal for a period not to exceed two days for possible recovery by the owner or keeper of the animal. Efforts to notify the owner of any licensed impounded animal shall be made. If the impounded animal is not claimed within 48 hours, the Police Department shall notify the Hamilton County Society for the Prevention of Cruelty to Animals (S.P.C.A.) to pick up same. Any animal that appears to be ill, diseased, or injured will be turned over to the S.P.C.A. immediately.
(G) The owner or keeper of any animal claiming same, while in possession of and under the jurisdiction of the Police Department, shall pay to the city any cost incurred by the city for boarding or feeding the animal plus 5% of the charges in order to meet the cost of handling and processing.
(H) Before any impounded animal shall be turned over to an owner or keeper, the owner or keeper shall sign a written statement admitting ownership of said animal. Whoever violates this section by permitting an animal to run at large is guilty of a minor misdemeanor on the first offense; whoever is found guilty of violating this section more than once within one year is guilty of a misdemeanor of the fourth degree.
(Ord. 79-1973, passed 12-19-73; Am. Ord. 29-1975, passed 5-21-75; Am. Ord. 42-1985, passed 9-18-85; Am. Ord. 37-1998, passed 6-17-98)