(A) Responsible party. It shall be unlawful for any person who owns, keeps, harbors or otherwise has control over any animal within the city to allow or permit such animal to run or be at large within the city.
(B) Cats. The prohibition against an animal running at large shall not apply to a domestic cat which has been vaccinated as required by this chapter and the cat owner can produce valid proof of current vaccination. The prohibition shall apply to all other cats.
(C) Restraint required. An animal shall be considered to be at large if it is not under the control of its owner by either a leash, chain, cord or other suitable material attached to a collar or harness, or not restrained on the property of the owner by a leash, chain, cord or fence. An animal inside a vehicle parked in a public place or in the open bed of a moving or parked vehicle in a public place shall be considered to be at large unless it is restrained in such a manner that it cannot exit the vehicle of its own volition.
(D) Impoundment. The Animal Control Officer for the city may impound any animal observed to be at large, whether the animal is on public or private property, subject to the applicable provisions of the law. If the Animal Control Officer observes an animal on property which is owned by a person other than the owner of the animal, and observes the animal return to property of its owner, the Animal Control Officer may impound the animal or issue a citation for the animal running at large. In the event the animal is taken to the Humane Society, the owner will incur a fee of $75 payable to the city. The owner of the animal will have to present the receipt to the Humane Society in order for the animal to be released by the Humane Society. In the event the animal is on private property or property of the animal’s owner, the Animal Control Officer, his or her agent, or peace officer may enter the property, other than a private dwelling for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the title and law.
(E) Prima facie evidence. Proof that an animal was found at large in violation of this section, together with proof that the defendant was the owner of such animal at the time, shall constitute prima facie evidence that the defendant allowed or permitted the animal to be at large.
(Ord. 2008-012, passed 11-18-2008; Ord. 2009-005, passed 2-17-2009; Ord. 2010-004, passed 4-21-2010; Ord. 2012-005, passed 6-19-2012) Penalty, see § 94.99