A. It shall be unlawful, and considered a failure by an owner to control a pet animal, when a pet dog is off the owner’s premises in any area of the Town without the presence of a person having physical control as defined in PMC 10.02.010. Said offense shall be one of strict liability. It shall be an affirmative defense to a prosecution for the violation of this section that the pet animal was actually working livestock, locating or retrieving wild game in season for a licensed hunter, acting as a guide dog for a developmentally disabled person, or assisting law enforcement officers or while actually being trained for any one (1) of these pursuits

B. It shall be unlawful, and considered a failure by an owner to control a pet animal, when a pet animal intrudes upon the private property of any person other than the owners without the property owner’s consent. Said offense shall be one of strict liability.

C. A violation of this section upon the first or second conviction within a one (1) year period is a noncriminal municipal offense. The minimum mandatory fine for a first or second offense within one (1) year shall be set forth in Appendix A of this code. A third or subsequent conviction within a one (1) year period is a Class B municipal offense.

D. Any pet animal found not to be under the physical control of a person as required by this section more than three (3) times in one (1) year may be impounded and destroyed as elsewhere provided in this title. (Ord. 201, 1982; Amended Ord. 269 §1, 1987; Amended Ord. 529 §1, 2005; Amended Ord. 613 §4, 2010; Amended Ord. 713 §3, 2017; Amended Ord. 715 §2 (Exh. A), 2017)