(a) No person, being the owner or having charge of any animal or fowl excepting homing pigeons bearing official bands, shall fail to prevent such animal or fowl from running at large on any property not his own.
(b) No person, being the owner, keeper, harborer or having charge of any dog, shall permit such dog to enter upon any property other than that of such person unless such dog is securely leashed by a leash not to exceed six feet in length, with the following exceptions.
(1) In an off-leash area in a City dog park;
(2) On private property other than that of the owner, harborer or keeper or person having charge of such dog, with permission of the property owner;
(3) On public property.
In the case of the aforementioned exceptions, the owner, keeper, harborer or person having charge of such dog shall have such dog under “direct control”. When any dog is found on property not that of its owner, keeper, harborer or person having charge, and is not securely leashed or under “direct control”, such dog shall be subject to impoundment.
(c) “Direct Control” means that the dog is within sight and hearing and will respond instantly to the minimum obedience commands of “come” and “sit” or “stay”. It shall be prima-facie evidence that a dog is not under the required control if such dog chases, injures or kills any person or domestic animal or damages or commits any nuisance upon property other than its owner, keeper or harborer. “Come”, the command, shall mean that the dog shall leave position at which he is located and return to the handler when such command is given by the handler. “Sit”, the command, shall mean that the dog shall cease movement in any forward, backward or sideways direction and shall assume a sitting position when such command is given by the handler. “Stay”, the command, shall mean that the dog shall cease movement in any forward, backward or sideways direction and shall remain in the spot in which such command was heeded until he is released by the handler.
(d) Whoever violates this section is guilty of a minor misdemeanor. If the animal causes physical harm to any person or property, the offender is guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of a fourth degree misdemeanor violation of this section, then the offender is guilty of a misdemeanor of the first degree.
(Ord. 05-13. Passed 4-19-05.)