§ 4-83. Restraint and confinement.

(a)

Restraint of animals. It shall be unlawful for any animal to be at large. An owner of an animal found to be at large shall be responsible for the offense and no culpable mental state is required. Any animal found to be at large and impounded more than three times in a one-month period or more than four times in a one-year period shall be spayed or neutered prior to release to the owner. The owner is responsible for any and all fees involved with the spay or neuter. Any dogs continuously confined within a fenced yard must have an adequate space for exercise based on a dimension of at least 100 square feet per dog over the age of six months. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the 100 square feet per dog dimension. Such enclosure shall be constructed of chainlink or similar type materials with all four sides enclosed. The enclosure shall be sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements.

(b)

Cats exempt from leash. Although cats shall be exempt from any leash requirements, it shall be unlawful for any owner of a cat to allow said cat to stray onto the property of anyone except the owner. Any cat found straying onto the property of anyone except the owner may be deemed a public nuisance and may be subject to impoundment.

(c)

Tying or staking. Animals shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, stakes, poles, fences, walls or any other stationary objects outdoors or indoors as a means of confinement for more than two hours in any 24-hour period and cats are not allowed to be confined on a tether at any time. The owner of the animal or the person actually tying or staking the animal shall be responsible for the offense. If an animal is confined on a tether, which is not attached to a stationary object as described in this subsection, the following conditions must be met:

(1)

Only one animal may be tethered to each cable run.

(2)

The tether must be attached to a properly fitting collar or harness worn by the animal, with enough room between the collar and the animal's throat through which two fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a cable run.

(3)

There must be a swivel on at least one end of the tether to minimize tangling of the tether.

(4)

The tether and cable run must be of adequate size and strength to effectively restrain the animal and must weigh no more than 1/18 of the animal's body weight.

(5)

The cable run must be at least 15 feet in length and mounted to either a swivel tie out or to a cable/trolley/pulley system at least four feet and no more than seven feet above ground level.

(6)

The length of the tether from the cable run to the animal's collar should allow access to the maximum available exercise area and should allow continuous access to water, food, shelter, shade and a dry area. The animal must be able to have space to urinate or defecate in a separate area from the area where it must eat, drink or lie down. The tether system must allow the animal to be able to escape harm. The tether system must be of appropriate configuration to confine the animal to the owner's property, to prevent the tether from extending over an object or an edge that could result in injury or strangulation of the animal, and to prevent the tether from becoming entangled with other objects or animals.

(7)

It shall be unlawful for any animal to be tied or staked upon any open or unfenced lot or land in a manner which allows the animal to come within ten feet of any street, park or other public land or within ten feet of any sidewalk, public passageway or building. An animal tied or staked in violation of this subsection shall be considered at large in violation of subsection (a) of this section.

(8)

Any animal tethered as described in subsections (c)(1) through (7) of this section must be removed from the tether at least once a day for adequate exercise.

(d)

Invisible and electronic fences. It shall be unlawful to use an invisible or electronic fence as the sole method to restrain an animal in accordance with this section unless the following conditions are complied with:

(1)

A sign must be posted within restraint area that indicates an animal is being restrained by an invisible or electronic fence and the type of animal being restrained. This sign must be clearly visible from the street or other public place outside of the restraint area.

(2)

The invisible or electronic fence must be aligned in a manner, which does not allow the animal to come within ten feet of any street, park or other public land or within ten feet of any sidewalk, public passageway or building.

An animal restrained in violation of this subsection shall be considered at large in violation of subsection (a) of this section.

(e)

Restraint of dogs. Any dog, while on a street, sidewalk, public way or in any park, public square or other public space shall be restrained and secured by a leash or chain of sufficient tensile strength to restrain the particular dog. Said leash or chain shall not be longer than 25 feet in a public park and shall not be longer than six feet on or in any other place. An animal that is not restrained in compliance with this subsection shall be considered at large in violation of subsection (a) of this section.

(f)

Preventing an animal from becoming a public nuisance. It shall be unlawful for any owner or custodian of any animal to fail to exercise proper care and control of such animal to prevent the same from becoming a public nuisance.

(g)

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

(h)

Quarantining of animals exposed to rabies. Any dog or cat that has rabies, or symptoms thereof, or that is suspected of having rabies, or that has been exposed to rabies, shall be handled in a manner consistent with state law regarding the disposition of animals exposed to rabies. It shall be unlawful for any owner to fail to comply with a quarantine requirement or condition, including a home quarantine authorized by an animal control officer. If an owner fails to comply, in addition to any criminal penalties, the animal shall be immediately seized and impounded.

(i)

Animals at food establishments.

(1)

It shall be unlawful for an owner of any animal to allow or permit such animal to enter, be or remain within any store, restaurant, cafe, shop, building, structure or place where food is offered for sale, displayed, served or handled for human consumption.

(2)

It shall be unlawful for any manager, clerk, employee, owner or operator of any place where food is offered for sale, displayed, served or handled for human consumption to allow or permit any animal to enter, be or remain within said place.

(3)

Support animals such as guide dogs that are trained to assist an employee or other person who is handicapped and patrol dogs accompanying police or security officers shall be exempt from this subsection.

(j)

Prohibiting dogs at sporting and recreational events. It shall be unlawful for an owner any of dog to allow said dog to be situated or remain within 100 feet of any playing field or area at a city-owned park or other city-owned property while an organized sporting or recreational event is in progress on said playing field or area. Evidence that the dog was restrained by a leash, chain, rope, voice command, cage or any other means is no defense to an offense under this section. This does not apply to dogs located at residences that are within the 100-foot boundary.

(Code 1990, ch. 2, § 14)