§ 34-281. Precautions to be taken by owners.

(a)

No person owning or having custody or control of any public nuisance animal, dangerous dog or vicious dog shall permit it to run at large, or permit it to run loose on or within the premises of such person in such a manner as to endanger the life or limb of any person lawfully entering such premises.

(b)

It shall be the duty of every owner of any public nuisance animal, dangerous dog or vicious dog, or anyone having any such animal in his/her possession or custody, to ensure that the public nuisance animal, dangerous dog or vicious dog is kept under restraint, as prescribed in subsections (d), (e), and (f) of this section and that reasonable care and precautions are taken to prevent the public nuisance animal, dangerous dog or vicious dog from leaving, while unattended, the real property limits of its owner, custodian, or harborer, and it is securely and humanely enclosed within a house, building, fence, locked pen, or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition. Such enclosure must be securely locked at any time the animal is left unattended so that children are prevented from entry and to prevent the public nuisance animal, dangerous dog or vicious dog from escaping.

(c)

For owners of a public nuisance animal, dangerous dog or vicious dog whose animal lives out-of-doors, a portion of their property should be fenced with a perimeter or area fence. Within this perimeter fence, the public nuisance animal, dangerous dog or vicious dog must be humanely confined inside a locked pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides, a secure top attached to all sides, the sides must be securely set into the ground or onto a concrete pad, or securely attached to a wire bottom. The gate to the kennel must be locked when the animal is unattended. This enclosure shall provide protection from the elements.

(d)

A public nuisance animal, dangerous dog or vicious dog shall not be upon any street or public place except when securely restrained by leash not more than six feet in length and humanely muzzled when appropriate, as determined by the animal control officer, and in the charge of a competent person.

(e)

Whenever outside of its enclosure, as provided for in subsections (b) and (c) of this section, but on the owner's property, a public nuisance animal, dangerous dog or vicious dog must be attended by the owner or custodian and restrained by a secure collar, muzzled when appropriate, as determined by the animal control officer, and on a leash of sufficient strength to prevent escape.

(f)

No public nuisance animal, dangerous dog or vicious dog shall be chained, tethered, or otherwise tied while unattended by the owner or custodian to any inanimate object such as a tree, post, or building.

(g)

A warning sign (i.e., beware of dog) shall be conspicuously posted denoting a public nuisance animal, dangerous dog or vicious dog on the premises. These signs are exempt from building permit requirements.

(h)

Failure to keep any public nuisance animal, dangerous dog or vicious dog confined or under restraint as provided for in this section shall be unlawful and shall be punishable as hereinafter provided.

(16-0469, Exh. 1, 6-1-16; 16-0728, Exh. A, 9-7-16)