§ 8-16-6. Dogs running at large.

A.

Generally. Dog owners or handlers shall, at all times, keep their animals on a leash or other suitable restraint or confined by a fence on their property or the private property of another, with the permission of the owner of that property, so as to prevent the animal from being at large, biting, or harassing any person engaged in a lawful act; interfering with the use of public property or with the use of another person's private property; or being in violation of any other section of this Code. No animal shall be allowed to run at large even on the property of the owner or handler of such animal, unless confined by a fence or other suitable restraint.

B.

Walking dog on a leash. Any person walking a dog on public property, including sidewalks, and the private property of others, must keep the dog on a leash and under physical control being able to restrain the movement of the dog with the leash at all times. The leash must be kept in good condition; of sufficient strength to prevent breaking under pressure; and of material generally resistant to chewing or gnawing by an animal. The length of a leash must be such so as to control the dog from harassing pedestrians or other animals at all times.

C.

Methods of restraint.

1.

Dog restrained by traditional fencing. Fencing must be in good condition, of recognized construction methods, and adequate in terms of size to the number of dogs contained in the fenced area to prevent the dogs from escaping. Entry or exit gates must be properly secured by a latching or locking mechanism. The height and condition of the fence must be such to prevent the dog from escaping. As a general rule, a fence should be at least 2½ times the height of the animal it is intended to restrain. The height of the dog is measured by the height of the dog's shoulder when the dog is standing on four legs. However, should a dog be able to escape from a fence, either by climbing or digging, additional fencing height, kennels, or other restraint methods may be required in addition to fencing. Fencing must be maintained in continued good condition. Existing fencing regardless of height will be considered acceptable means of restraint unless and until a written complaint is filed with the city animal shelter and verified as valid.

2.

Dogs restrained by tie-outs or overhead cable runs.

a.

Dogs may be restrained with suitably sized tie-outs or overhead cable runs. These restraints must be sufficient in length but never less than six feet, excluding length around collar, and nonrigid, to allow the animal freedom of motion, and to move about at will within a protected area on the property of the owner or handler without becoming tangled in obstacles. These types of restraints shall prevent the dog from traversing upon another person's property, public sidewalks or public property and from charging and harassing persons and pedestrians utilizing these properties.

b.

Dogs restrained by tie-outs or overhead cable runs must be spayed or neutered, not subject to any exemption under section 8-28-3.

3.

Dogs restrained by invisible fencing. As an alternative to traditional fencing, tie-outs or overhead cable runs, a dog may be restrained with invisible fencing, provided the fencing is set up and maintained in the following manner:

a.

The owner or handler and dog receive training regarding the use and maintenance of the system.

b.

The owner or handler must post signs visible from the public sidewalks and public streets or driveways sufficient to alert the general public upon approaching the property upon which the fencing is located. Two signs are required containing the following wording: "Dog is contained by electronic device," or similar wording; the name, address and telephone number of the company, any trademark and/or logo of either the company that installed the system or the company that maintains the system, and the signs shall be of minimum size of six inches by eight inches.

D.

Protective purposes. No person shall use a dog as a weapon or to threaten or harass other persons or animals. Nothing herein shall prohibit or limit a person's right to possess a dog for protection to their person or property.

E.

Exceptions.

1.

Dogs employed as police, service, therapy and search and/or rescue dogs are exempt from the requirements of this section while used in their working capacity or while engaged in a training program with a recognized organization or government agency that regularly trains dogs for such use;

2.

Dogs off-leash in areas designated for such use by departments of city government, or on grounds under their jurisdiction, and dogs engaged in conformation, competition or performance related events on public or private property.

F.

Prima facie evidence. If a dog is found running at large by the city animal shelter, the incident shall constitute prima facie evidence that current restraint methods are inadequate, and the owner shall be required to correct any conditions that permitted the dog to run-at-large, or provide such additional restraints as are necessary to secure and maintain the future restraint of the dog.

(Code 1967, § 7-40; Code 1985, § 5-60; Ord. No. 3189, § 1, 3-9-1982; Ord. No. 4530, § 1, 8-4-1998; Ord. No. 5378, § 1, 9-28-2010)

Charter reference

Authority of city to regulate running at large of dogs, § 854.