§ 5-4. Restraint and confinement; leash law.

(a)

Animals at large. It shall be unlawful for the owner of any animal, or anyone having an animal in his possession and custody, to allow it to run at large unattended on or about the streets and highways of the incorporated limits of the city, or on the property of another person or of the person in possession of such property, except for dogs being used in hunting in accordance with state game and fish department laws, rules and regulations.

(b)

Animals on own premises. It shall be the duty of every owner of any animal or anyone having an animal in his possession or custody, to ensure that it is enclosed by way of a fence or other enclosure or restrained by a chain or leash, or in some physical manner under control by a competent person, so that it cannot wander off of the real property limits of the owner, possessor or custodian, except as provided in this article, it being the intent of this article that all animals shall be prevented from leaving, while unattended, the real property limits of their owner, possessor or custodian. An "invisible fence" electronic restraint/shock collar shall be a permissible restraint for dogs. Voice command shall be a permissible restraint, but to qualify as voice command the person must be: 1) outside with the animal; 2) in close proximity to the animal; and 3) the animal must be demonstrably responsive to voice commands. A person inside a structure shall not be considered under this chapter to have voice command over an animal that is outside. Close proximity shall mean within a distance where the animal can respond to spoken (not shouted) commands.

(c)

Animal off-premises. It shall the be duty of the owner of any animal or anyone having an animal in his or her possession to keep the animal under control at all times while the animal is off the real property limits of the property of the owner, possessor or custodian. For the purposes of this section, an animal is deemed under the control when it is confined within a vehicle, whether parked or in motion; is secured by a leash or other device held by a competent person; or is properly confined within the enclosure with permission of the owner of the property where the enclosure is located. Voice command shall be a permissible method of animal control, but to qualify as voice command the person must be: 1) outside with the animal; 2) in close proximity to the animal; and 3) the animal must be demonstrably responsive to voice commands. A person inside a structure shall not be considered under this chapter to have voice command over an animal that is outside. Close proximity shall mean within a distance where the animal can respond to spoken (not shouted) commands.

(d)

Tethering on public property. No person shall tie, stake or fasten any animal within any street, alley, sidewalk or other public place or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place.

(e)

Dogs in heat. Every female dog in heat shall be confined in a building or other enclosure in such manner that such female dog cannot come into contact with another animal except for planned breeding.

(f)

Restraint. Every animal shall be restrained and controlled so as to prevent it from molesting passersby, chasing vehicles, or attacking persons or other animals.

(g)

Public nuisance animal. Maintaining a public nuisance animal, as defined in section 5-3, is prohibited.

(h)

Tethering. Animals may only be tethered under the following circumstances:

(1)

A person restraining an animal with a tether shall attach the tether to a properly fitting collar or harness worn by the animal. A person may not use choke collars, pinch collars, prong collars or similar devices, nor may a person wrap a tether directly around an animal's neck;

(2)

A person may not restrain an animal with a tether in a manner that does not allow the animal to access necessary shelter and water;

(3)

The length of the tether should be no less than five (5) times the length of the animal, measured from the tip of the animal's nose to the base of its tail. In any event, a person may not restrain an animal with a tether less than ten (10) feet in length;

(4)

The animal must be tethered in a safe manner and not in a fashion that subjects the animal to tangling and choking risks; and

(5)

A person restraining an animal with a tether shall ensure that the area in which the animal is confined is free of garbage, fecal matter, or other debris that can cause harm to the animal.

(Ord. No. 46-12, § 1, 11-1-12)