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It is unlawful and considered a failure to control a pet animal, when:

A. A pet animal is not under the direct and competent control of the animal's owner, or other competent person, by means of a leash not longer than six feet (6') in length. Provided, however, it shall not be a violation of this section if the pet animal is either:

1. Confined within a motor vehicle; or

2. Upon the premises of the animal's owner, or the animal owner's authorized agent and is constrained:

a. Within the confines of any building or improvement;

b. Within the confines of a fence sufficient to keep the animal on the premises;

c. By voice and visual control. A person shall not be found to be in voice and visual control of an animal if such person is located within a motor vehicle or building at the time he or she is required to be in voice and visual control of the animal. Proof that an animal has impeded or interfered with the lawful movement of a person shall create a rebuttable presumption that the animal was not under the voice and visual control of the animal owner or a competent person; or

d. By chain, cord, rope, cable or other similar physical device sufficient to restrain the animal within the boundaries of the premises.

B. A pet animal becomes a hazard or causes damage to any person or property;

C. A pet animal is tethered upon any public or private property without the permission of the person owning, leasing, or otherwise controlling the property upon which the animal is tethered;

D. Any pet animal reaches past the perimeter of the owner's premises with its teeth or claws causing or threatening bodily injury to another animal or a person, or property damage;

E. A pet animal is allowed to defecate on public or private property and the owner or responsible person does not remove the animal's waste before leaving the immediate area where the waste was deposited;

F. A female pet animal, during estrus, is not under physical control, confined indoors, or confined within a secure animal enclosure;

G. Any pet animal is kept or left in circumstances that constitute mistreatment, neglect, abandonment, or in any circumstance requiring protective custody; or

H. Any pet animal is otherwise determined to be a "public nuisance" as defined in section 6-2-2 of this chapter. At the discretion of the police chief an allegation that a pet animal is a public nuisance may be prosecuted as provided in title 5, chapter 1 of this code. (Ord. 28, Series 2014)