505.08  ANIMALS RUNNING AT LARGE ON PUBLIC RIGHT OF WAY.
   (a)   No person, who is the owner or keeper or engaged in the practice of animal husbandry of any domesticated animal including but not limited to horses, ponies, mules, donkeys, cattle, sheep, goats, swine, llamas, alpacas, chickens, turkeys, geese, ducks, rabbits, or ostriches, shall permit them to run at large in the City’s public right of way or upon unenclosed land, or cause such animals to be herded, kept or detained for the purpose of grazing on any premises other than that which is owned or lawfully occupied by the owner or keeper of such animals.
 
   (b)   The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
 
   (c)   Penalty:
      (1)   Whoever violates this Section is guilty of a minor misdemeanor on the first offense.
      (2)   Whoever violates this Section is guilty of a fourth degree misdemeanor on the second offense within one year from the violation of the first offense.
      (3)   Whoever violates this Section is guilty of a third degree misdemeanor on the third offense within one year from the violation of the first offense. In addition, the court may order the offender to forfeit the animals or livestock and may provide for its disposition including, but not limited to, the sale of the animals or livestock.  If the animals or livestock are forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner.  The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.  (Ord. 2003-24.  Passed 5-8-03.)