01-18 Amend 505 Animals and Fowl & 506 Dangerous and Vicious Animals

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(12) be tethered if no owner or occupant is present at the premises As used in this section, "tether" means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about. (c) Whoever violates subsection (a) of this section is guilty of a misdemeanor of the first degree. In addition, the court may order the offender to forfeit the an- imal or livestock and may provide for its disposition, including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (d) Whoever violates subsection (b) of this section is guilty of a misdemeanor of the fourth degree on the fast offense, or a misdemeanor of the fourth degree on the second offense or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the fast degree. Section 5. New Section 505.24, Insurance Coverage for Dog Liability, of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 505.24 INSURANCE COVERAGE FOR DOG LIABILITY. (a) No owner, keeper, or harborer of a dog in the City shall fait to do all the following: (1) maintain public liability insurance, with an insurer authorized to write lia- bility insurance in this state, subject to a limit, exclusive of interest and costs, in a single incident amount of no less than $10,000.00 for bodily injury to or death of any person or persons for damage to property owned by any person or per- sons which may result from the ownership, keeping or maintaining of such ani- mal; an effective insurance policy with the coverage and in the amounts speci- fied herein must be maintained by the owner, keeper or harborer at all times; and (2) furnish evidence of the policy of insurance required under this section to a City law enforcement official upon demand. (b) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a mis- demeanor of the third degree on the third or any subsequent offense. Section 6. New Section 505.98, Strict Liability, of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 505.98 STRICT LIABILITY. Strict liability is imposed for the violation of any provision of Sections 505.02, 505.04 and 505.24. Section 7. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 8. Section 5 of this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in its 23