(A) It shall be unlawful and considered a failure to control an animal when:
(1) Any dog is off the premises of the owner without the presence of a responsible person having physical control of the dog on any bike path or public park located within the town or on any area located within the town and described in exhibit A attached to Ordinance 5, series of 1995, made a part of this section by reference, and which can be found on file in the office of the Town Clerk;
(2) (a) Any dog is off the premises of the owner in all areas of the town, other than as specified in subsection (A) of this section, without the presence of a person having immediate control of the dog; and
(b) It is an affirmative defense to a violation under this subsection (A) that the responsible person accompanying and having immediate control of the dog was actively engaged in training of the dog which caused the distance between the responsible person and the dog to be greater than ten feet.
(3) Any dog is on or within 100 feet of any athletic field or golf course within the town while any athletic event or activity is in progress, except that a dog may be within 100 feet of an athletic field or golf course while any athletic event or activity is in progress if the dog is on a public road or right-of-way;
(4) Any animal is allowed to become a danger to any person or property;
(5) Any animal trespasses on, or is tethered upon, any public property where expressly prohibited or private property without the permission of a person owning, leasing or otherwise controlling the property in question;
(6) Any dog reaches past the perimeter of the owner’s premises with its teeth or claws;
(7) Any animal is allowed to excrete body waste upon public or private property when the animal owner or other responsible person does not remove the waste in a timely manner;
(8) Any female dog or cat is not confined during estrus in a house, building or secure enclosure constructed so that the female dog or cat cannot escape, and no male dog or cat may gain access to the enclosed animal;
(9) A dog is not under physical control while in the yard of any multiple occupancy building occupied by other persons; or in the common areas of apartments, or condominium developments;
(10) Any animal is not under physical control in areas posted as requiring any animal to be on a leash/tether by any agency of the federal government, the state or the town.
(11) Any animal is kept or left in circumstances which constitute neglect, mistreatment or abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal owner; and
(12) Protective custody of any animal is reasonably necessary.
(B) Notwithstanding the provisions set forth in subsections (A)(1) and (A)(2) of this section, any dog in Bighorn Park and/or Stephens Park, except for those considered as vicious, dangerous or potentially dangerous, need not be under either physical control or immediate control of the pet animal owner if said dog is occupying any area described in Exhibit A attached to Ordinance 1, series of 2003 or Exhibit A attached to Ordinance 4, series of 2004, made a part of this section by reference, and which can be found on file in the office of the Town Clerk. Nothing in this section shall exempt a pet animal owner from the provisions of subsections (A)(3) through (A)(12) of this section or from exercising control over his or her dog, as defined in this chapter, at all times.
(Ord. 5(1995) § 2; Ord. 1(2003) § 2; Ord. 4(2004) §2)