(A) It shall be unlawful for any person, whether knowingly or unknowingly, to suffer or permit animals of any kind, including house pets, to run at large in the streets or public places. Animals including, but not limited to, cattle, horses, mules, sheep, goats and swine which are being herded or driven on a public street or in a public place shall be considered to be at large unless each such animal is confined within a vehicle or restrained by means of bridles, halters, ropes or other means of individual restraint. This section shall not apply to persons who have obtained prior approval from the City Council for special events involving such activities and animals.
(B) Any animal which is found running at large may be captured and impounded. The animal shall be released only on the payment of an impound fee, plus an additional board charge for each day or fraction of a day during which the animal is impounded. If the impounded animal is an animal for which a license is required and such animal is unlicensed, in addition to the impounding and boarding fee, the animal shall not be released without the payment of the prescribed license fee, as well as an administrative penalty of $100 or such other fee as may be established by the City Council. Each successive time during a 12-month period an animal owner has an animal run at large the administrative fee shall increase until the fourth time. The second time the administrative fee shall be $200 or such other fee as may be established by the City Council. The third time the administrative fee shall be $500 or such other fee as may be established by the City Council. The fourth time shall result in a declaration that the animal is a nuisance, and subject to destruction by the Animal Control Officer. These penalties are in addition to any fees or penalties which may be imposed by any other section of this code.
(C) When a dog or cat, which has not been spayed or neutered, is taken into custody or impounded for running at large, the owner shall be subject to an administrative penalty of $100 or such other fee as may be established by the City Council. If the same dog or cat is taken into custody or impounded for running at large a second time within a 12-month period, and has not been spayed or neutered, the owner shall be subject to an administrative penalty of $150 or such other fee as may be established by the City Council. If the same dog or cat is taken into custody or impounded for running at large a third time within a 12-month period, and has not been spayed or neutered, the owner shall be subject to an administrative penalty of $300 or such other fee as may be established by the City Council. These charges are in addition to any other fees or penalties which may be imposed by any other section of this code.
(D) The Animal Control Officer may waive the additional charges for dogs and cats found running at large which have not been altered if a determination is made that the animal suffers from a medical condition which would make altering dangerous to its physical well-being. Additionally, an owner who has been charged the penalty set forth in § 90.02(C) for having an unaltered dog or cat shall be refunded the penalty if it is the first time the dog or cat has been running at large and within 45 days of the dog or cat being released from the custody of the city, the owner shows the Animal Control Officer written proof from a veterinarian that the dog or cat has been spayed or neutered.
(E) A designation that an animal is a nuisance and subject to destruction shall be in writing and shall state the dates, times, places and facts of the current and prior incidents of running at large which form the basis for the determination. The notice shall be served by mail to the last known address of the owner as determined from any records of the city. The owner(s) have seven days from the date of the notice to appeal the determination by requesting a hearing in accordance with the provisions of Chapter 31 of this code.
(F) If no appeal is filed in accordance with the provisions of Chapter 31 of this code, the order issued will stand and the animal will become the property of the city, which may proceed with destruction or offer the animal to an animal protection organization for adoption. The decision of whether the animal should be made available for adoption shall be in the sole discretion of the city.
(G) For purposes of this section, a dog at large is deemed at large and unrestrained with the permission and at the sufferance of its owner. If a person is charged with a misdemeanor because the person owns a dog which is at large, it shall be no defense that the dog escaped or is otherwise at large without the permission or sufferance of its owner.
(H) No animal, except a properly identified service dog, shall be permitted on any city beach area or allowed to swim in any city beach area. No animal shall be permitted in a municipal bathhouse or within the confines of the municipal outdoor swimming pool. No animal shall be allowed in city parks, playgrounds, and picnic areas unless restrained by a leash which is:
(1) No more than six feet in length;
(2) Strong enough to hold against lunges by the animal;
(3) Held by an person strong enough to control the animal if it lunges.
(I) Feces which are deposited by an animal on property not owned by the owner of the animal or by the person in control of the animal shall be immediately removed by the owner of or the person in control of the animal.
(J) In addition to the administrative fees for which provision, a person convicted of violation of any of the provisions of this section is guilty of a misdemeanor.
(Ord. 980, passed 8-22-05)