(a) Definitions.
In this article:
Adequate shelter.
A sturdy structure:
(1)
That provides the dog protection from inclement weather; and
(2)
With dimensions that allow the dog while in the shelter to stand
erect, sit, turnaround, and lie down in a normal position.
Collar.
A band constructed of nylon, leather, or similar material,
specifically designed to be placed around the neck of a dog.
Harness.
A set of straps constructed of nylon, leather, or similar
material, specifically designed to restrain or control a dog.
Inclement weather.
Includes rain, hail, sleet, snow, high winds, extreme low
temperatures, or extreme high temperatures.
Owner.
A person who owns or has custody or control of a dog.
Properly fitted.
With respect to a collar or harness, a collar or harness
that:
(1)
Is appropriately sized for the dog based on the dog's measurements
and body weight;
(2)
Does not choke the dog or impede the dog's normal breathing
or swallowing; and
(3)
Is attached around the dog in a manner that prevents the dog
from escaping and does not cause pain or injury to the dog.
Restraint.
A rope, tether, leash, cable, or other device that attaches
a dog to a stationary object or trolley system.
(b) An
owner shall not leave a dog outside and unattended using a restraint,
other than a fence in good repair:
(1) Without adequate shelter;
(2) Without an area that allows the dog to avoid standing water and exposure
to excessive animal waste;
(3) Without shade from direct sunlight;
(4) Without potable water; or
(5) During extreme weather conditions, including conditions in which:
(A) The actual or perceived outdoor temperature is below 32 degrees Fahrenheit
factoring in windchill;
(B) A heat advisory has been issued by a local or state authority or
jurisdiction; or
(C) A hurricane, tropical storm, or tornado warning has been issued for
the jurisdiction by the National Weather Service.
(c) An
owner may not restrain a dog outside and unattended:
(1) Between the hours of 10:00 p.m. and 6:00 a.m.; or
(2) Within 500 feet of the premises of a school.
(d) An
owner may not restrain a dog outside and unattended by use of a restraint
that:
(3) Is shorter in length than the greater of:
(A) Five times the length of the dog, as measured from the tip of the
dog's nose to the base of the dog's tail; or
(4) Is attached to a collar or harness not properly fitted.
(e) Person
commits an offense if the person knowingly violates this section.
The restraint of each dog that is in violation is a separate offense.
(f) An
offense under this section is a class C misdemeanor, except that the
offense is a class B misdemeanor if the person has previously been
convicted under this section.
(g) Exceptions.
This section
2.04.004 does not apply to:
(1) The use of a restraint on a dog in a public camping or recreational
area in compliance with the requirements of the public camping or
recreational area as defined by a federal, state, or local authority
or jurisdiction;
(2) The use of a restraint on a dog while the owner and dog engage in,
or actively train for, an activity conducted under a valid license
issued by this state provided the activity is associated with the
use or presence of a dog;
(3) The use of a restraint on a dog while the owner and dog engage in
conduct directly related to the business of shepherding or herding
cattle or livestock;
(4) The use of a restraint on a dog while the owner and dog engage in
conduct directly related to the business of cultivating agricultural
products;
(5) A dog left unattended in an open-air truck bed only for the time
reasonably necessary for the owner to complete a temporary task that
requires the dog to be left unattended in the truck bed;
(6) A dog taken by the owner, or another person with the owner's permission,
from the owner's residence or property and restrained by the owner
or the person for not longer than the time necessary for the owner
to engage in an activity that requires the dog to be temporarily restrained;
(7) A dog restrained while the owner and dog are engaged in, or actively
training for, hunting or field trialing; or
(8) A dog walking with a handheld leash.
(h) An
owner of a dog may only tether a dog if the dog is in the owner's
immediate possession and accompanied by the owner. In addition, the
owner of a tethered dog shall:
(1) Not allow the dog to be tethered in any manner or by any method that
allows the dog to become entangled or injured;
(2) Not allow the dog to be tethered or restrained with a chain;
(3) Use a properly fitted harness or collar that is specifically designed
for the dog; and
(4) Attach the tethering device to the dog's harness or collar and not
directly to the dog's neck.
(Ordinance 22-28 adopted 8/16/22)
(a) An
owner of a dog commits an offense if the fenced yard, or other outdoor
pen or structure, used as the primary living area for the dog or used
as an area for the dog to regularly eat, sleep, drink, and eliminate
is not:
(1) At least 150 square feet for each dog six months of age or older;
(2) Designed, constructed, and composed of material sufficient to prevent
the dog's escape; and
(3) Designed in a manner that provides the dog access to the inside of a doghouse, building, or shelter that meets all requirements of subsection
(b) of this section.
(b) A
doghouse or other building or shelter for a dog must:
(1) Have a weatherproof top, bottom, and sides;
(2) Have an opening on no more than one side that allows the dog to remain
dry and provides adequate shade during daylight hours to prevent overheating
or discomfort to the dog;
(3) Have a floor that is level and dry;
(4) Be free from cracks, depressions, and rough areas that might be conducive
to insects, parasites, and other pests;
(5) Be of adequate size to allow the dog to stand erect with the dog's
head up, to turn around easily, and to sit and lie down in a comfortable
and normal position;
(6) Have sufficient clean and dry bedding material or other means of
protection from the weather that will allow the dog to retain body
heat when the weather is colder than what a dog of that breed and
condition can comfortably tolerate;
(7) Provide a suitable means for the prompt elimination of excess liquid;
(8) Be structurally sound, maintained in good repair, and constructed
with material that protects the dog from injury; and
(9) Allow the dog easy access in and out.
(c) A
person who owns or harbors an animal, other than a dog, that is kept
outside of any structure occupied by humans must provide the animal
with a shelter consisting of at least three sides, a roof, and a floor,
with the opening facing away from the north. The shelter must be of
sufficient size to accommodate all animals using it and allow the
animals to stand upright and turn inside it.
(Ordinance 22-28 adopted 8/16/22)
Rabbits shall be kept in a secure pen or enclosure that is at
least 30 feet from an inhabited dwelling, other than that of the owner,
and such enclosure shall be of such construction and strength to keep
the rabbits from running at large.
(2003 Code, sec. 2.806)
(a) Chickens,
ducklings, other fowl, or rabbits younger than eight weeks of age
may not be sold in quantities of less than 10 to a single purchaser.
(b) No
person shall give away any animal as a prize for or as an inducement
to enter any contest, game, or competition, or as an inducement to
enter a place of amusement, or offer such animal as an incentive to
enter into any business establishment whereby the offer was for the
purpose of attracting trade.
(c) It
is unlawful to color, dye, stain, or otherwise change the natural
color of any chickens, ducklings, other fowl, or rabbits, or to process
for the purpose of selling or giving away any such animals that have
been so colored.
(d) No
person shall knowingly expose any known poisonous substance, whether
mixed with food or not, whereby the substance can be consumed by any
pet or domestic animal; provided, however, that persons and licensed
pest control operators may use registered pesticides in compliance
with the directions for approved use of the pesticides.
(e) A
person commits an offense if he/she transports or carries any animal
in a motor vehicle unless the animal is safely enclosed within the
vehicle; or if traveling in an unenclosed portion of a vehicle, including
but not limited to, a convertible, pick-up truck, jeep, trailer or
flatbed truck, the animal is safely confined by a seatbelt, vented
container, cage or other device which will prevent the animal from
falling, jumping, leaving or being thrown from the motor vehicle and
from strangling on a leash, rope or tether of any type.
(f) A
person having charge or custody of an animal shall not place or confine
such animal or allow such animal to be placed or confined in a motor
vehicle or trailer under such conditions or for such a period of time
as may endanger the health, safety or welfare of the animal due to
heat, lack of food or water, or such other circumstances as may cause
injury or death of the animal. Public safety officers, including animal
control, fire and police departments may, after attempting to locate
the animal's owner, remove the animal from a vehicle or enclosed space
using any reasonable means, including but not limited to breaking
a window or lock. The owner may be cited for violating this section
and the animal may be impounded. It shall be the responsibility of
the animal's owner to repair any damage caused by the removal of the
animal from the dangerous situation. If professional services are
required to remove the animal, the owner is responsible for the cost.
(Ordinance 22-28 adopted 8/16/22)