9.08.130 Animals at large.
A. It is unlawful for any owner and/or possessor of any animal to suffer or permit such animal to be at large as defined in this section. Violations of this section are subject to citation and the animal at large is subject to impoundment as authorized by Chapter 9.28.
B. In the case of dogs, "at large" means a dog that is not on the premises of its owner and/or possessor or the premises of another without permission of the owner or occupant thereof, or not under physical restraint by a person capable of controlling the dog by means of a leash not exceeding six feet in length. This definition shall not apply to:
1. Guide or service dogs while performing their duties for blind, hearing impaired and physically disabled people;
2. Dogs participating in field or obedience trials or animal exhibitions;
3. Dogs assisting their owner and/or possessor in legal hunting or the herding of livestock;
4. Dogs assisting a security guard or assisting a peace officer engaged in law enforcement duties;
5. Areas within the city specifically set aside and posted for the exercise of animals.
C. In the case of animals other than dogs, "at large" means an animal which is off the premises of its owner and/or possessor while not under the physical restraint of a person capable of controlling the animal. This definition shall not apply to any animal which is on the premises of another person with the consent of the owner or occupant thereof.
D. In the case of any animal, "at large" also means an animal which is tethered, leashed or otherwise present on property which is not owned or controlled by the owner and/or possessor of the animal without the permission of the owner or occupant thereof.
E. In the case of any animal, "at large" also means an animal which is tethered or leashed on any city street, or other city property not set aside for such tethering or leashing in such a way to block a public walkway or thoroughfare.
F. No person owning or otherwise having a cat over four months of age in his/her possession shall cause, permit or allow such cat to be unconfined in or upon any public street, road, alley or other public or private place, including the exterior yards of the animal owner’s property, unless such cat is spayed or neutered. An animal control officer may seize and/or impound every cat found in violation of this section and shall require owners of the cat to either spay or neuter the cat or to produce a certificate of sterilization signed and dated by a veterinarian which lists the veterinarian’s name, clinic’s name, address, telephone, license number, pet name, age, breed and adequate description of the cat. When a person is cited or an animal impounded under this section, the owner of the cat, if known, shall be notified in writing and given seven calendar days to request a hearing to determine if such sterilization should be held in abeyance.
G. Mandatory Spay/Neutering and Microchipping of All Dogs at Large. Except as provided in subsections (G)(1) through (G)(3) of this section, all dogs over six months of age cited for being "at large" in violation of this Section 9.08.130 shall be spayed or neutered and microchipped at the owner’s expense. Written verification from the veterinarian performing the surgery and microchipping must be provided by the owner to animal services within seven days of the procedure.
1. Dogs that have been trained in accordance with all applicable laws and regulations and that are actually being used in accordance with applicable law: (a) by public law enforcement agencies for law enforcement activities; (b) by any person as assistance dogs such as service dogs, guide dogs, signal dogs or social dogs; (c) by search and rescue agencies for search and rescue activities; or (d) by any person for herding of other animals, as livestock guardian dogs or hunting dogs.
2. Dogs certified by a licensed veterinarian as having a health reason for not being spayed or neutered.
3. Dogs boarded in a licensed kennel or a business that boards such animals for professional training or resale.
(Ord. 2349 NCS §1 (part), 2009; Ord. 2185 NCS §2 (part), 2004.)