§ 6-22. Running at large prohibited.

(a)

It shall be unlawful for the owner, keeper or harborer of any dog to permit such dog to run at large in the city at any time. Any dog shall be presumed to be running at large, and the owner, keeper or harborer shall be presumed to have permitted it to be at large, in the following circumstances:

(1)

When such dog is found off of the premises of the owner, keeper or harborer of such dog. Provided that, it shall be a defense for a person charged under this section that such dog was merely passing along the streets, sidewalks, avenues, or parks of the city, or upon any private property, with the consent of the owner of said property, while such dog was held upon a leash, chain, rope or harness by its master or keeper in a manner that effectively restrained the dog from interfering with, damaging, or injuring the person or property of others.

(2)

When such dog is tethered in such a manner in which it can cross outside the premises of the owner onto public property, public right-of-way, or private property owned by any person other than the owner.

(b)

It shall not be a violation of subsection (a) for a dog to run at large in a city-designated dog park. It shall not be a violation of subsection (a) or for a dog to run at large during a city-sponsored special event or during a special event for which the city has issued a special event permit if the city manager, or his designee, has determined that dogs at large will not pose a hazard to public health or safety or constitute a nuisance. However, in no such case shall a dog that has been determined to be dangerous, pursuant to section 6-25, be permitted to be at large. Further, it is a violation of subsection (a) if a dog at large at a city-designated dog park or special event meets the definition of an aggressive dog at large, pursuant to section 6-30.

(c)

It shall be lawful for an animal control officer or officer of the Riley County police department to pursue and capture such dog running at large. If the dog appears to be vicious or if it appears that the dog cannot be captured without endangering some person, the officer is authorized to use that force reasonably necessary to restrain or kill the dog.

(Code 1973, § 2-206; Ord. No. 3143, § 2, 5-1-73; Ord. No. 3815, § 2, 11-4-80; Ord. No. 6646, § 3, 7-17-07)

Cross reference

Streets, sidewalks and other public places, Ch. 30.