(a) No person being the owner or having charge of cattle, sheep, geese, ducks, cats, turkeys, chickens or other fowl or animals shall permit such animals to run at large upon any public place, or upon any unenclosed land, or upon the premises of another.
(b) No person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of a dog shall suffer or permit such dog to:
(1) Be at large within the City unless securely attached upon a leash held in the hand of a person in a manner which continuously controls the dog.
(2) Snap at or attempt to bite or attempt to cause physical harm to any other person while the dog is off the premises of the owner or on premises not exclusively controlled by the owner.
(3) Cause physical harm to the property of another while the dog is off the premises of the owner or on premises not exclusively controlled by the owner.
(4) Bite or otherwise cause physical harm to any person while the dog is off the premises of the owner or on premises not exclusively controlled by the owner.
(c) No person shall own, keep, possess, harbor, maintain, have the care, custody, or control of a vicious dog within the City.
(d) (1) It shall be an affirmative defense to a violation of subsection (b) hereof that the dog was:
A. Securely confined in an automobile or cage which was adequately ventilated.
B. Being used for lawful hunting purposes.
C. Being exhibited at a public dog show, zoo, museum, or public institution.
D. Engaged in any activity expressly approved by the laws of the State.
(2) No law enforcement officer or member of a licensed private law enforcement agency shall be convicted of any violation of this section where the dog is being utilized for law enforcement purposes.
(e) For the purpose of this section, the following words and phrases shall have the following meanings ascribed to them respectively.
(1) "At Large" means off the premises of the owner.
(2) "Owner" means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of an animal.
(3) "Unsecured" means not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence, or similar physical device, and in such a manner which effectively prevents the dog from going beyond the premises of the owner.
(4) "Vicious Dog" means any dog that, while off the premises of the owner, bites or causes physical harm to a human being, domestic animal, or feline, on one or more occasions.
(f) (1) Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.
(2) Whoever violates subsection (b)(1), (2) or (3) is guilty of a fourth degree misdemeanor. Whoever is found guilty of a second offense shall be guilty of a first degree misdemeanor.
(3) Whoever violates subsection (b)(4) or (c) hereof is guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating subsections (b)(4) or (c) shall be guilty of a misdemeanor of first degree and shall be fined one thousand dollars ($1,000) which fine shall be mandatory and shall not be suspended or remitted and such violator may be imprisoned for a term not to exceed six months.
(4) Upon a conviction of a violation of subsection (b)(4) or (c) hereof the Court may order that the dog involved be humanely destroyed.
(Ord.04-1988. Passed 2-9-88.)