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(a) Prohibited. It shall be unlawful for the owner of any dog or other animal to fail to keep the dog or other animal from running at large within the city. For the purposes of this chapter, an animal shall be deemed running at large when such animal is not physically restrained as follows:

(1) When the animal is being restrained by tethering upon the premises of the owner, it must have a cord, cable or chain that is a minimum of six feet in length. The animal must not be able to enter upon public property, including sidewalks, or the premises of another. Any cord, cable or chain must be anchored in a manner to prevent tangling or shortening of the cord, cable or chain and must prevent strangulation of the animal. Any animal off the premises of the owner shall be restrained by a leash, cord or chain a maximum of 10 feet in length, held by a person who is physically able to control the animal.

(2) For the purposes of this chapter, the term "premises of the owner" shall be defined as the residence of the owner, including the attached property surrounding the residence that is leased or owned by the owner, but not including any common area, park or recreational property jointly owned or leased by the members of a homeowners' or tenants' association, or any public easement or right-of-way.

(3) No animal shall be deemed to be running at large when the animal is upon the premises of the owner.

(4) Any animal enclosed within the automobile or other vehicle of its owner shall be deemed to be upon the owner's premises.

(5) No dog shall be deemed to be running at large when the dog is upon the premises of a city dedicated off-leash dog park.

(b) Animal killed or injured on highway. Notwithstanding any provisions herein to the contrary, animals injured or killed on or along public streets or other rights-of-way may be presumed to be running at large. The animal protection officer may remove all such animals and, at his or her discretion, take those needing medical attention to a veterinarian. The owner of such animal shall be liable for all expenses of treatment and of impoundment, as well as any penalties which may be imposed for violation of this section.

(c) Penalty. Any owner who is convicted of violating this section shall be subject to the penalty provisions as provided in section 1-13, and shall be required to obtain a city license for the animal if the owner is a resident of the city. Upon a second conviction of violating this section involving the same animal the owner shall be subject to the penalty provisions as provided in section 1-13 and shall be required to spay or neuter and microchip the animal, unless the owner provides a written statement from a licensed veterinarian that the spay or neuter procedure would be harmful or dangerous to the health of the animal. Nothing in this subsection shall be construed as preventing the animal protection officer from instituting a proceeding in the municipal court for violation of this section where there has been no impoundment. (Code 1979, § 7-2; Ord. No. 2020-55, § 5, 11-2-2020; Ord. No. 2013-28, § 2, 8-26-2013; Ord. No. 2004-52, § 3, 8-23-2004; Ord. No. 2002-70, § 3, 11-18-2002; Ord. No. 2001-55, § 1, 8-20-2001; Ord. No. 97-51, § 3, 10-13-1997)