§ 8-72. Control of domestic animals.

(a)

It shall be unlawful for the owner of any domestic animal to fail to keep the animal under restraint and control as provided for in this section. A domestic animal is not considered under restraint and control when it is running at large, whether wearing a collar and tag or not, left unattended off the premises of the owner, or found to be upon the property of another person without the permission of the owner or person in possession of such other property. For the purposes of this chapter, condominium and apartment common property shall not be considered to be the premises of the animal's owner.

(b)

Restraint and control on the property of the owner. Owners shall securely and humanely enclose domestic animals within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition.

(c)

Restraint and control away from the property of the owner. Owners shall keep domestic animals on a leash not exceeding 12 feet in length, and in the hands of a competent person who possesses the ability to restrain the animal. If the animal is off leash, it must be obedient to and under voice command of a competent person who is in the immediate proximity of the animal at any time.

(e)

Exceptions. The requirements of subsection (b) of this section shall not apply to dogs being used by a law enforcement officer to carry out the law enforcement officer's official duties or to dogs in the areas of the county zoned for agricultural purposes or where the owner of the dog is using the dog for hunting or working purposes on property with the permission of the owner or person in possession of such other property. If the dog is being used for hunting purposes the owner shall have on his person a valid hunting license. Dogs, while hunting, or show dogs while being shown, are not required to wear a collar or dog tag; but the owner shall have the dog tag in his possession where it may be shown upon demand of a representative of county animal control.

(f)

Confinement of dogs and cats in heat required. Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that the animal cannot come into contact with an intact male of the same species except for planned breeding.

(1)

An enclosure or fence must be constructed and maintained in such a manner as to completely prevent contact between animals on either side of the fence or enclosure. Chain link fencing and other penetrable materials are not suitable for confinement when an animal is in heat.

(2)

All dogs and cats must be maintained at an ambient temperature between 45 and 85 degrees Fahrenheit when in heat.

(g)

Tethering. It shall be unlawful to tether an animal outdoors, except when all of the following conditions are met:

(1)

No person shall tie, stake or fasten any animal within any street, alley, sidewalk, right-of-way, or other public place within the county or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place.

(2)

Only one animal may be attached to each tethering system;

(3)

Any tethering device used to tether an animal must be at least ten feet in length and shall not allow the animal to come within five feet of the edge of the property line of the property upon which such animal is tethered;

(4)

Tethers must be made of a substance which cannot be chewed by the animal and shall not weigh more than five percent of the body weight of the animal;

(5)

The tether must have a swivel installed at each end and be attached to a stationary object that cannot be moved by the animal;

(6)

The tether must be at least ten feet in length and mounted no more than seven feet above the ground level;

(7)

The length of the tether from the running cable line or trolley system to the animal's collar should allow access to adequate exercise area and allow the animal free access to food, water, and shelter;

(8)

The animal must be attached to the tether by a properly fitted harness or collar 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 the purpose of tethering an animal;

(9)

The tethering system must be a sufficient distance from any other objects or animals to prohibit the tangling of the cable, to prohibit the cable from extending over an object or an edge that could result in injury or strangulation of the animal and be of sufficient distance from any fence so as to prohibit the animal from having access to the fence;

(10)

The animal is not outside during extreme weather, including, but not limited to extreme heat or near freezing temperatures, or thunderstorms;

(11)

The animal is at least six months of age; and

(12)

The animal is not sick, injured, or in heat.

(h)

Impoundment of dogs running at large. Dogs found running at large or in violation of this section may be immediately impounded by officers of the animal control unit or any police officer. The officers may pursue the dog onto private property to effect capture of such dog when deemed necessary in the interest of public safety.

(Ord. No. 16-008 , 12-19-2016)