§ 4-22. Animals at large; owners' responsibilities.

(a)

Prohibition; exceptions. It is unlawful for any owner or keeper of an animal, other than the tending of feral animals, to willfully or negligently allow the animal to run at large on any public property or on any private property. Any animal under the close supervision of its owner or keeper engaged in lawful hunting, in an organized animal exhibition, field trial, competition, lawful sport or training for these activities shall not be deemed to be an animal at large. It is unlawful for owners or keepers of a diseased cat to allow the animal to run at large.

(b)

Restraint of dangerous animals. It is unlawful for the owner or keeper of an animal declared by the department head to be dangerous, either willfully or negligently to allow the animal to run at large or to fail to secure, restrain or confine the animal as ordered by the department head pursuant to this article.

(c)

Confinement of dogs, cats in heat. It is unlawful for any owner or keeper to permit a female dog or cat in heat (estrus) to be upon the streets, in any public place, or private space not belonging to the owner unless restrained by a leash or similar device which is four (4) feet or less in length and under the direct physical control of the owner or keeper. A dog or cat in heat must be kept securely confined on private property and inside a secure building or secure enclosure having a secure top and bottom attached to all sides so as to prevent copulation and/or any other animal from entering the enclosure, with the exception of controlled and intentional breeding or introduced under the control of the owner, such as other female dogs or cats not in heat. Female dogs in heat are not allowed in any off-leash park. A female dog or cat in heat and found to be at large is hereby declared to be a nuisance and may be impounded as provided in this article.

(d)

Animals impounded under the provisions of this section shall, before being returned to the owner or keeper, at the option of the owner or keeper:

(1)

Be sterilized by the division of animal services before being returned to the owner or keeper who shall pay the county for the cost of the sterilization; or

(2)

Agree in writing to have their animal sterilized within thirty (30) days of claiming their animal from the division of animal services and pay a deposit of five hundred dollars ($500.00) refundable upon proof of sterilization; or

(3)

If an owner or keeper does not wish to spay or neuter their animal, then before being returned to the owner or keeper, the owner or keeper must pay five hundred dollars ($500.00) fine to the county.

If an animal, whose owner and keeper has paid the five hundred dollars ($500.00) fee for not agreeing to spay or neuter their animal under option (3), is impounded a second or more time for being allowed to be at large and is not at that time sterilized, then the owner and keeper, in addition to the costs of sterilization will have to pay five hundred dollars ($500.00) fine to the county in order to reclaim the animal. If an animal, whose owner and keeper has agreed to have it sterilized under the provisions of option (2) is impounded a second time for being allowed to be at large and is not at that time sterilized, then the owner and keeper, in addition to the costs of sterilization will have to pay five hundred dollars ($500.00) fine to the county in order to reclaim the animal.

(e)

Before being returned to the owner or keeper, all animals impounded under the provisions of this section shall be micro-chipped by the county. The owner or keeper shall pay the county for the micro-chip procedure before the animal is returned to them.

(f)

Curbing dogs. It is unlawful for a dog owner or keeper to permit the dog, either willfully or negligently, to defecate upon:

(1)

Any public park or property other than in areas designated for that purpose; or

(2)

Any private property without the permission of the property owner. When this subsection is violated, the owner or keeper shall immediately remove any feces deposited by the dog. Failure to do so immediately shall constitute an additional violation of this section.

(Ord. No. 86-47, § 7, 9-9-86; Ord. No. 88-55, § 1, 7-26-88; Ord. No. 96-44, § 2, 10-22-96; Ord. No. 2001-66, § 4, 12-11-01; Ord. No. 2018-22, § 1, 5-8-18)