Fulton Restraint ordinance (§ 14-66)

(a) Generally. It shall be the duty of all persons owning and controlling any animal, including dogs and cats, to keep it under restraint.

(b) Animals in heat. Any female dog or cat in heat shall be confined by the owner thereof during the term of heat.

(c) An operable electronic pet containment system shall be considered a fence in compliance with this chapter provided it is effective in restraining the intended animal. Any area contained with an electronic pet containment system must be placed a minimum of three feet back from any city easement and must be marked with at least two signs, at least eight inches by 12 inches in size. The signs must be visible from the street and shall be placed on all corners of any property line facing a public thoroughfare.

(d) An electronic pet containment system will not be considered a sufficient form of containment for a dog deemed dangerous by an animal control officer or a police officer.

(e) Disturbing the peace by animal. No person shall own, keep, harbor, or allow to be in or upon his/her premises or property, any animal which by howling, barking, baying, yelping, or other frequent continual noise that disturbs the peace of any person; provided, however that this section shall not

apply to the city dog pound, veterinary offices and hospitals, or licensed kennels or pet shops. Repeated violations as a peace disturbance may result in the animal being a nuisance.

(f) Public nuisance animal. It shall be the duty of any person, owner keeper or harborer to exercise proper care, control and restraint of his animals to prevent them from becoming a public nuisance. Any person who knowingly shall own, keep, harbor, or allow to be in or upon his/her premises or property any animal that excessively makes disturbing noises, including but not limited to continued repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored may, upon receipt of a complaint signed by one or more residents of the city, made before a person authorized by law to take statements and setting forth the nature and the date of the incident, be subject to a misdemeanor or fine.

(g) Confinement during rabies outbreak. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the mayor shall issue a proclamation ordering every owner to confine his dog or cat on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any dog or cat running at large during the time fixed in the proclamation shall be destroyed by the animal control officer or any police officer without notice to the owner.

(h) Restraint, control and confinement of dangerous or vicious animals. Dangerous or vicious animals shall be restrained, controlled and confined as follows:

(1) Every dangerous or vicious animal, as may be determined by the animal control officer or police department, shall be confined by the owner within a building or secure enclosure.

(2) While on the owner's property, a dangerous or vicious animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet and must be at least five feet high with posts anchored in the ground at least two feet and must have secure sides and secure top. The animal must be chained within such enclosure unless under direct physical supervision of a responsible person. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the animal.

(3) The owner or keeper shall display a sign on his premises warning that there is a dangerous or vicious animal on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous or vicious animal. (4)

A dangerous or vicious animal may be off the owner's premises if it is muzzled and restrained by a substantial chain and collar or leash not exceeding six feet in length and under the control of a responsible person. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.

(5) The owner or keeper shall notify the animal control officer immediately upon knowledge that a dangerous or vicious animal is loose, has attacked another animal, has attacked a human being, has died or has been sold or given away. If the dog has been sold or given away, the owner or keeper shall provide the animal control officer with the name, address and telephone number of the new owner, who must comply with this chapter.

(i) Affidavit of complaint, conviction and judgment of a dangerous or vicious animal. Upon receipt of a complaint signed by one or more residents of the city, made before a person authorized by law to take statements and setting forth the nature and the date of the incident, and upon conviction of a violation of this section, the municipal judge may, in addition to the usual judgment upon conviction, order the animal control officer to forthwith take up and euthanize such vicious animal. Any case filed under this section shall go to the top of the docket in the municipal court and shall have priority over other matters.