§ 91.21. DAMAGING PROPERTY OF ANOTHER.

(A)

It shall be unlawful for any person who shall own or be in control or charge of any dog to allow or permit a dog to enter upon the property of another and damage that property.

(B)

Property of another shall include private property and any abutting publicly owned property, easements, rights-of-way, cemetery, church or any other property set apart for public use or held for benevolent or charitable purposes which the owner of the abutting private property maintains by planting, mowing, watering, fertilizing or similar care of grass, shrubbery, trees and the like, planted thereon. The intent of this Section is to include all abutting property regardless of ownership except the property owned by the owner of the dog, or the property of those who have consented to the owner of the dog, to do damage on their property.

(C)

Damage to property shall include, but not be limited to, urinating or defecating by any dog upon any property as contemplated herein.

(D)

In the event any dog shall enter upon the property of another within the corporate limits of the City and shall cause damage thereon, proof that it is the property of another and of the damage and the identity of the dog shall be sufficient to convict a person owning or having charge of or control of the dog of violating the terms and provisions of this Section. Consent of the owner of the property shall be a defense to the violation.

(Code 1980, § 5-23)

Cross reference

Penalty, § 91.99.