§ 3-5. Unlawful restraint of a dog.

(a)

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

(1)

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

(2)

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

(3)

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

a.

The actual or effective outdoor temperature is below thirty-two (32) degrees Fahrenheit;

b.

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

c.

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

(b)

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:

a.

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

b.

Ten (10) feet.

(3)

Is in an unsafe condition; or

(4)

Causes injury to the dog.

(c)

Exceptions. This section does not apply to:

(1)

A dog restrained to a running line, pulley, or trolley system and that is not restrained 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 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.

(d)

Violation complaints.

(1)

If a local health authority, animal control officer, or police officer has reason to believe that an owner has knowingly violated this section, that authority or officer shall furnish the owner with a written statement as notice of the violation. The statement must be signed by the authority or officer and must plainly state the date and time in which the notice was provided to the owner.

(2)

Failure to comply with this section within twenty-four hours of being provided with the statement notice will constitute a violation of this section. If the notice is for more than one (1) dog, each dog will constitute a separate violation of this section.

(3)

This section does not prohibit an owner from walking a dog on a hand-held leash.

(Ord. No. 381, § 1, 11-8-07)