(a) Animals and Dogs Running at Large on Public Roads.
(1) No person who is the owner or keeper of horses, mules, cattle, sheep, goats, swine, dogs, geese or other fowl or animals shall permit them to run at large in the public road, highway, street, lane or alley, or on an unenclosed land, or cause such animals to be herded, kept or detained for the purpose of grazing on premises other than those owned or lawfully occupied by the owner or keeper of the animals.
(2) The running at large of any such animal in or on any of the places mentioned in subsection (a)(1) hereof is prima facie evidence that it is running at large in violation of this section.
(3) Except as permitted in agricultural or commercially zoned areas, no person shall keep or harbor any animal in the City so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public.
(b) Confinement of Dogs.
(1) No owner, keeper or harborer of any female dog shall permit that dog to go beyond the premises of the owner or keeper at any time the dog is in heat, unless the dog is properly in leash. The owner or keeper of every dog shall at all times keep the dog either confined upon the premises of the owner or keeper, or under reasonable control of some person. Should a dog break away from the premises or control of the owner or keeper, the owner or keeper shall notify the Police Department.
(2) No owner, keeper or harborer of any male dog shall permit that dog to go beyond the premises of the owner or keeper at any time, unless the dog is properly in leash. The owner or keeper of every dog shall at all times keep the dog either confined upon the premises of the owner or keeper, or under reasonable control of some person. Should a dog break away from the premises or control of the owner or keeper, the owner or keeper shall notify the Police Department.
(c) Nuisances.
(1) Definition of Nuisance Dog. As used in this section, "nuisance dog" means a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger the safety of a human being.
(2) Digging, urinating or defecating by any dog on public or private property in the City is hereby declared to be a nuisance. No owner, keeper or person having custody or charge of any dog shall permit such dog to commit such nuisance on any public or private property other than the lot and land where such owner, keeper or person having custody or charge of such dog resides, provided that the foregoing restriction shall not apply to private property onto which such owner, keeper or person having custody or charge of any dog has permission of the owner or resident to walk such dog. The owner, keeper or person having custody, charge or control of such dog shall immediately remove all feces deposited by the dog and dispose of the same in a sanitary manner. (Ord. 2014-113. Passed 9-11-14.)
(d) Penalty.
(2) On each subsequent offense involving the same dog, whoever is found guilty of violating Sections 501.01(a) and 501.01(b) shall be found guilty of a fourth degree misdemeanor which includes a maximum fine of two hundred fifty dollars ($250.00) a maximum possible penalty of thirty (30) days in jail.
(3) Whoever violates Section 501.01(c)(2) shall be guilty of a minor misdemeanor which includes a maximum fine of one hundred fifty dollars ($150.00) and no jail time.
(Ord. 2021-39. Passed 3-11-21.)