2016-002 - Amending Chapter 5 - Animals and Fowl of the Code of Ordinances

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maintains direct physical control of the dog; D. In the direct physical control of an owner in a designated city dog park; or E. While on the owner's premises and the dog is within the owner's direct physical control. 2. The defenses provided above do not apply unless the restraint meets the following specifications: A. The chain, rope, tether, leash, cable or other device is attached to a properly fitted collar or harness worn by the dog and is not placed directly around the dog's neck; B. The chain, rope, tether, leash, cable, or other device does not exceed one -tenth of the dog's body weight; C. The chain, rope, tether, leash, cable, or other device, by design and placement allows the dog a reasonable and unobstructed range of motion without entanglement; and D. The restraint prevents the dog from advancing to within 15 feet of the edge of any public street, mailbox, bus stop, sidewalk or other public right -of -way. 1. A person commits an offense if he fails to pay any and all fees in accordance with this article or if he removes or attempts to remove an animal from the city animal shelter without paying all impoundments, daily housing and other redemption fees assessed. M. Any person who, as the operator of a motor vehicle or bicycle, strikes a domestic animal shall stop at once and report the incident to the animal control division or police department. Failure to do so shall constitute an offense. n. Unless otherwise provided in this chapter, offenses under this Chapter are Class C misdemeanors punishable by a fine not to exceed $500.00. Offenses which carry a maximum fine of $2,000.00, relate to conditions affecting the public health and safety. Such conditions are herein declared to be public nuisances, and each day in which such conditions are permitted to exist constitutes a separate offense. 5 -3 ANIMAL CONTROL a. Authority. 1. The animal control manager is hereby designated the appointed rabies authority officer for the purpose of the enforcement of this ordinance. Duties shall include, but not be limited to, the enforcement of this ordinance, supervision of the animal control officers of the city, and aiding the state board of health in the enforcement of area quarantines, pursuant to the state Health and Safety Code or other statutes. 2. Any animal control officer or peace officer of the city shall have the authority to issue citations for any violation of this ordinance and shall have any other power or duty stated within the terms of this ordinance. If issuing a citation for a violation of this ordinance is not practicable, the animal control officer or peace officer may file a complaint in the Municipal Court, which complaint will be processed in the manner of other cases in the Municipal Court. 3. For purposes of discharging the duties imposed by the provisions of this or other applicable laws, and to enforce the same, the animal control officer may enter upon private