§ 90.02 ANIMALS, CATS AND DOGS RUNNING AT LARGE.
   (A)   No person being the owner, keeper, harborer of or having charge of horses, mules, goats, swine, bison, llamas, alpacas, cattle, sheep, geese, ducks, turkeys, chickens or other fowl or animals shall permit them to run at large upon any unenclosed lands, or upon the premises of another.
   (B)   No person being the owner, keeper, harborer of or having charge of dogs shall permit them to run at large upon any unenclosed lands, or upon the premises of another, nor shall they fail at any time to do either of the following:
      (1)   Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape; or
      (2)   Keep the dog under the reasonable control of some person; or
      (3)   Keep the dog in leash when not on the premises of the owner, keeper or harborer.
   (C)   Exception to subsection (B) above shall be when the dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog.
   (D) No owner, keeper, harborer of or having charge of any cat shall permit them to run at large upon any unenclosed lands, or upon the premises of another, nor shall they fail at any time to do either of the following:
      (1)   Keep the cat physically confined or restrained upon the premises of the owner, keeper, harborer of or having charge of by an adequate fence or secure enclosure to prevent escape; or
      (2)   Keep the cat under the control of some responsible person so the cat does not roam unsupervised off the premises of the owner.
   (E)   No owner, keeper, or harborer of any female dog or cat shall permit it to go beyond the premises of the owner, keeper, or harborer at any time the dog or cat is in heat unless the dog or cat is properly in leash and under the reasonable control of a person.
   (F)   Enclosures. Any dog or cat enclosed in a pen or a fenced yard must have adequate space for exercise based on a dimension of not less than one hundred fifty (150) square feet per dog or one hundred (100) square feet per cat. The fence or enclosure shall be of sufficient height not to exceed six (6) feet to prevent the dog or cat from escaping from the enclosed area. If the enclosed area has a cover, such cover must be at least two (2) feet above the height of the dog or cat standing on its hind legs. Dogs and cats in an enclosed area must have continuous unrestricted access to food, water and shelter.
   (G)   Penalty.
      (1)   Whoever violates any provision of this section as a first time offense is guilty of a minor misdemeanor.
      (2)   Whoever violates any provision of this section in a second or subsequent offense shall be guilty of a fourth degree misdemeanor. (Ord. 3562. Passed 6-9-15.)