Sec. 462.307. - Requirement to confine female dog or cat in heat.

(a) It shall be unlawful and punishable by a fine of not less than the amount designated in Chapter 462 , Part 18, for the owner or person having temporary custody of a female dog or cat in heat to permit or allow it to be upon the public street or in a public place unless restrained by leash or similar device of four feet or less and under the direct physical control of the owner or person having temporary custody. The owner or person having temporary custody of a female dog or cat in heat shall, at all times when not upon the public street or in a public place restrained as noted above, keep it restrained by leash or similar device of four feet or less and under the direct physical control of the owner or person having temporary custody; or securely confined on private property and inside a secure building or secure enclosure having a secure top and bottom attached to all sides so as to prevent copulation and/or any other animal from entering the enclosure, with the exception of controlled and intentional breeding or introduced under the control of the owner, such as other female dogs not in heat. Female dogs in heat are not allowed in any off-leash park. A female dog or cat found to be in violation of this Section is hereby declared to be a nuisance and may be impounded as provided in this Chapter. Animals impounded under the provisions of this Section shall be sterilized before being returned to their owners, unless otherwise exempted by this Chapter. (b) Female dogs or cats in heat that are participating in bona fide animal competitions and shows or that are being shipped or transported while confined in a crate or cage, or otherwise sufficiently confined, shall be excluded from this Section. (c) For the purposes of this Section, accidental, unplanned or unwanted breeding and/or unwanted litters shall be considered prima facie evidence of the failure to confine the female while in heat and may be subject to the corresponding fine. (d) All fines collected from the enforcement of this provision shall be deposited in the Spay Neuter Trust Fund and dedicated to low-cost sterilization procedures. (Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 4)