Sec. 7-113. Dog leash required; exceptions.
(a) No owner or keeper of any dog shall fail to keep the dog on the premises of the owner or keeper unless the dog is under the control of a competent person, restrained by a substantial chain or leash not exceeding fifteen (15) feet in length and in a manner as to not have access to any passerby. Any owner or keeper with a dog at a designated dog park shall be governed by the provisions at Section 7-114.
(b) Any dog that is out of doors on the owner’s or keeper’s property shall be maintained on the premises by means of adequate fencing, to include, but not be limited to, an underground electronic barrier with a transmitter collar worn by the dog, or voice control of a competent person. Leaving an unattended dog fastened to a leash, chain or trolley shall not be deemed to comply with the requirements of this Section.
(c) It shall be an affirmative defense to a charge of a violation of this Section that the dog was on the premises of another person known to the owner or keeper with the express permission of the property owner, the dog was accompanied by its owner or keeper and the dog was within the immediate presence and voice control of the owner or keeper.
(d) Voice control means control of the behavior of a dog which is not leashed or otherwise physically restrained by its owner or keeper sufficient that the dog does not, without regard to circumstances or distractions:
(1) Charge, chase or otherwise display aggression toward any person or behave toward any person in a manner that a reasonable person would find is harassing or disturbing;
(2) Charge, chase or otherwise display aggression toward any dog or other animal;
(3) Chase, harass or disturb wildlife or livestock; or
(4) Fail to come to and stay with the owner or keeper immediately upon command by such person.
Voice control does not exist unless the guardian or keeper exercises this command authority at all times to keep the dog within the requirements of this definition.
(e) At the discretion of the charging officer, a person charged with violation of this Section for the first time, or second time within a three (3) year period, where there are no more than two counts of violation, may enter a guilty plea by mail by signature on the advisement form provided, full payment of the fine established by the court for such offense, and payment of the court surcharge. Only persons holding current dog license(s) issued by the Frederick Police Department (either at the time of the violation or having purchased the dog license prior to entry of the guilty plea by mail) shall be eligible for the early pay option. (Ord. 303 § 11-702, 1977; Ord. 425 § 4, 1995; Ord. 475 § 1, 1997; Ord. 811 § 1, 2006; Ord. 1002 § 17, 2009; Ord. 1112 §4, 2012; Ord. 1130 §1, 2013)