§ 6-42. Keeping practices.

(a)

The practices to be observed in the keeping of small animals and fowl are as follows:

(1)

Every keeper of any small animal or fowl shall confine the same in an enclosure to prevent their running at large.

(2)

Every keeper shall provide a shelter or area of a size sufficient to be conducive to good sanitation, and he shall provide adequate and sanitary drainage for the shelter or area.

(3)

Every keeper of any small animals or fowl shall cause the litter and droppings therefrom to be collected daily in a container or receptacle of such a type that when closed it is ratproof and flytight and after each collection shall cause such container or receptacle to be kept closed. At least daily, each keeper shall cause the litter and droppings so collected to be disposed of in such a way as not to permit fly breeding or any other unsanitary condition.

(4)

Every keeper of any small animals or fowl shall cause all feed provided therefor to be stored and kept in a ratproof and flytight receptacle.

(5)

It is unlawful for a person to keep five (5) or more small animals or fowl, in any combination thereof, or any number of male chickens, within one hundred (100) feet of any residence, structure or building used for human habitation or any other lawful activity, other than the person's habitation or business premises.

(6)

It is unlawful for a person to keep less than four (4) small animals or fowl, in any combination thereof, within fifty (50) feet of any residence, structure or building used for human habitation or any other lawful activity, other than the person's habitation or business premises. For purposes of this subsection only the definition of fowl excludes male chickens, which are subject to the setback requirements of subsection (a)(5).

(7)

Upon inspection of the premises by the director or any of his employees or designees, a person may be exempted from the number and/or setback requirements of this section, provided the director first finds the following:

a.

The animal(s), as kept, will not unreasonably endanger the life, health or property of any person; and

b.

The animal(s), as kept, will not become a nuisance.

(b)

Additional keeping practices for dogs kept outdoors. 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 one hundred fifty (150) square feet of open area for each dog six (6) months of age or older that is less than twenty-five (25) pounds and two hundred fifty (250) square feet for each dog six (6) months of age or older that is twenty-five (25) pounds and over;

(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.

(c)

Proper restraint.

(1)

An owner of an animal commits an offense if the owner fails to restrain the animal at all times in a fenced yard, in an enclosed pen or structure, or by tether or leash.

(2)

No animal may be restrained by a tether or leash unless the animal is in the immediate possession of and accompanied by the animal's owner or keeper.

(3)

It is a defense to prosecution under this section if the animal was:

i.

A feral cat participating in a trap, neuter, and return program approved by the director; or

ii.

Is in training or working with a law enforcement agency; or

iii.

Is a cadaver or rescue dog; or

iv.

Is a service animal.

(d)

[Defense.] It is a defense to prosecution under subsection (b) that the animal was a dog that was tethered:

(1)

In a manner complying with subsection (e); and

(2)

For a reasonable period of time, not to exceed six (6) hours in a twenty-four-hour period, and no longer than necessary for the owner to complete a temporary task that required the dog to be restrained.

(e)

Tethered dogs. An owner of a dog commits an offense if the owner tethers the dog or allows the dog to be tethered in any manner or by any method that:

(1)

Allows the dog to leave the premises owned, leased or occupied by the dog's owner;

(2)

Allows the dog to become entangled;

(3)

Does not allow the dog access to food, water, and appropriate shelter if outside; or

(4)

Does not meet the requirements for tethering a dog under subsection (b); or

(5)

Leaves, unattended, any dog in the unfenced front yard of any residence.

(f)

[Requirements for tethering.] The following requirements apply to a dog tethered within the city:

(1)

The dog must be properly fitted with and wearing a harness or collar made of leather or nylon.

(2)

No person shall chain their dog using a collar exceeding one and one-half (1½) inches wide for any dog weighing less than sixty (60) pounds. Dogs weighing sixty (60) pounds or more shall not be tethered using a collar exceeding two (2) inches in width.

(3)

The tether must be attached to the dog's harness or collar and not directly to the dog's neck.

(4)

The tether must be at least ten (10) feet long.

(5)

A person shall not chain or tether a dog with a chain or tether that weighs more than one-eighth ( 1/8 ) of the dog's body weight.

(g)

Unlawful restraint of dog.

(1)

An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement;

(2)

Between the hours of 10:00 p.m. and 6:00 a.m.;

(3)

Within five hundred (500) feet of the premises of a school; or

(4)

In the case of extreme weather conditions, including conditions in which;

(5)

The actual or effective outdoor temperature is below fifty (50) degrees Fahrenheit;

(6)

A heat advisory has been issued by a local or state authority or jurisdiction; or

(7)

A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

(h)

[Limiting dog's movement.] In this section, a restraint unreasonably limits a dog's movement if the restraint:

(1)

Uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog;

(2)

Is a length shorter than the greater of;

(3)

Five (5) 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)

Ten (10 feet;

(5)

Is in an unsafe condition; or

(6)

Causes injury to the dog.

(i)

Exceptions. Unlawful restraint of dog does not apply to:

(1)

A dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar;

(2)

A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction;

(3)

A dog restrained for a reasonable period, not to exceed three (3) hours in a twenty-four-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained;

(4)

A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog;

(5)

A dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or

(6)

A dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

(j)

[Walking with hand-held leash.] Nothing in this section shall be construed to prohibit a person from walking a dog with a hand-held leash.

(Ord. No. 86-24, § 1, 2-17-86; Ord. No. 2010-O-029, § 1, 3-15-10; Ord. No. 2017-O-072 , § 1, 7-3-17)