§ 4-131. Animals at large prohibited; nuisances; confinement of female dogs and cats in heat; curbing dogs.

(a)

It is unlawful for any owner or keeper of an animal other than a cat to willfully or negligently allow the animal to be at large on any public or private property. Any animal, except for an animal which has been designated as a dangerous/vicious dog as defined herein, under the close supervision of its owner or keeper engaged in an organized animal exhibition, field trial, competition, legal sport or a dog guarding or herding livestock shall not be deemed to be an animal at large, but the foregoing exception shall not apply unless all damages done by dogs therein exempted, to the person or property of another, shall be paid to that person or his agent within 30 days after the damage is done. A dog shall not be classified as dangerous/vicious if the threat, injury, or damage was sustained by a person, who at the time was tormenting, abusing, or assaulting the dog or its owner or handler. It is unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to be at large.

(b)

It is unlawful for any animal owner or keeper to permit, either willfully or negligently, the animal to be a nuisance.

(c)

It is unlawful for any owner or keeper to permit a female dog or cat in heat (estrus) to be upon the streets or in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes. Confinement solely by a leash, chain or other similar restraint, or within a fence, open kennel, open cage or run may be, but shall not be presumed to be, in compliance with this section.

(d)

It is unlawful for a dog's owner or keeper to permit the dog, either willfully or negligently, to defecate upon:

(1)

Any public property or school ground, other than in areas designated for that purpose; or

(2)

Any private property without the permission of the property owner. Where this subsection is violated, the owner or keeper shall immediately remove any feces deposited by the dog. Failure to do so immediately shall constitute an additional violation of this section.

(e)

The owner of any dangerous/vicious dog shall keep the animal confined. As used herein, the term "confined" shall mean:

(1)

Leash and muzzle. No person shall permit a dangerous/vicious dog to go outside its kennel or pen unless such dangerous/vicious dog is outfitted with a choke or pinch collar and securely leashed with a substantial chain or leash no longer than four feet in length. No person shall permit a dangerous/vicious dog to be kept on a chain, rope or other type of leash outside of its kennel or pen unless a competent person at least 18 years of age is in physical control of the leash. Such dangerous/vicious dogs may not be leashed to inanimate objects such as trees, posts, and buildings. In addition, all dangerous/vicious dogs on a leash outside the dog's kennel must be muzzled by a muzzling device sufficient to prevent such dangerous/vicious dog from biting persons or other animals. Such muzzle should not cause injury to the dog or interfere with its vision or breathing, but shall prevent it from biting any person.

(2)

Confinement outdoors. All dangerous/vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in subsection (e)(1) of this section. Such pen, kennel or structure shall be at least 20 feet from any street or sidewalk, ten feet from any property line and must have secure sides and a secure top to the sides. Such structures must be locked with a key or combination lock when any dangerous/vicious dogs are within the structure. Such structure must have a secure concrete bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house dangerous/vicious dogs must be a minimum of six feet by ten feet enclosure and comply with all zoning and building regulations of the county. All such structures must be adequately ventilated and kept in a clean and sanitary condition, and must be inspected and approved by the local health officer or his designee.

(3)

Confinement indoors. No dangerous/vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dangerous animal to exit such building of its own volition. In addition, no such dangerous/vicious dog may be kept in a house or structure when any unbarred window is open or when any screen window or screen door is the only obstacle preventing the dangerous/vicious dog from exiting the structure.

(Code 1992, § 3-40; Ord. No. 82, § 7, 11-19-1990; Ord. No. 204, § 7, 9-14-1998; Ord. No. 261, §§ 3, 4, 5-13-2002)

State law reference

Similar provisions, T.C.A. §§ 44-8-410 and 68-8-107.

Cross reference

Determination of dangerous/vicious dog, § 4-102.