§ 6.04.03. Restraint.

A.

Generally.

1.

An owner or caregiver of a dog, whether vaccinated or unvaccinated, licensed or unlicensed, shall keep such dog under restraint as defined by this code at all times, unless the dog is within a designated off-leash area or within a dog park. Dogs not physically confined to their owner or caregiver's property or under restraint, while on their owner or caregiver's property are considered to be in violation pursuant to the provisions of this code.

B.

It shall further be the duty of any owner or caregiver of any dog to keep such dog under such control so as to:

1.

Prevent such dog from becoming a danger to persons or property, or trespassing upon another person's property without that person's permission; and

2.

Prevent such dog from running at large upon the streets, sidewalks, alleys, parks or other public places of the city.

3.

Dogs restrained by electric or invisible fences, shall have the boundary of such fence clearly marked with a sign indicating such invisible or electric fence exists which such sign can be viewed from the primary access point of the property.

C.

Restraint of dangerous dogs. An owner or caregiver of an animal deemed dangerous by the definitions of this code shall confine such animal within a building or secure and pen or enclosure and not release it therefrom unless it is securely muzzled. Any dangerous animal running at large or otherwise trespassing on the property of another is hereby declared a nuisance, and may be impounded by the animal control authority, and the disposition of such animal shall be determined by the court.

D.

Restraint of females in estrus. Every female dog or cat in heat shall be kept confined in a building, pen or enclosure, or in a veterinary clinic, hospital or kennel in such a manner that such female dog or cat cannot come into contact with another dog or cat, except for intentional breeding purposes.

E.

Entry into food establishments prohibited. It shall be unlawful for any person to allow his or her companion animal, livestock or exotic animal to enter any food store or place where food is exhibited for sale, unless that animal is a certified service animal, or a dog working in law enforcement or the U.S. military with the exception of businesses that specifically invite these animals into their establishment, and have such invitation clearly posted.

F.

Livestock and fowl. An owner of caregiver of livestock or fowl are required to restrain such animals within a pen or enclosure as defined by this code. During transport, such animals must be kept secured within a cage, kennel or other enclosure to prevent escape during transport.

Livestock and dogs which are commonly used and properly trained for transportation and are generally ridden or made to pull a sled, trailer, wagon or cart shall be under the physical control of the driver or rider whenever such animal is outside of its pen or enclosure. When not pulling or being ridden, and within its pen or enclosure, such animal shall be tethered by a tie-out or otherwise restrained pursuant to this code.

G.

Restraint exceptions. The following circumstances are granted an exception to the restraint requirements under this code:

1.

Dog parks and designated off-leash areas. Dogs are permitted to be off-leash in these areas, provided that they are lawfully off-leash pursuant to the provisions and definitions of this code. Users of such areas are to comply with all applicable laws, ordinances, rules and regulations governing such areas.

2.

Law enforcement and military duty. Dogs which are in the service of law enforcement or the U.S. military may, during the course of their duties, be off-leash while in the performance of such duties or while participating in training activities. When off-duty or when said dog is not actively performing a job-specific task, they are to be restrained by their owner, caregiver or handler pursuant to this code.

3.

Certified service dogs. Service dogs, through the course of their duties which necessitate being off-leash, may be off-leash while in the performance of the specific task that necessitates this exception. While off-leash, service dogs must wear identification as such, which can be read at a distance of not less than twenty-five (25) feet.

4.

Privately owned off-leash areas unlawful. It shall be unlawful for any person to establish an off-leash area open to the public without that area being first designated by the city council through the establishment of an ordinance as such.

( Ord. No. 99-8, § 3 ; Ord. No. 2017-27 , § 2, 10-24-2017)