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<br /> -3- <br />Dog: Both male and female dogs. <br />Handler: Any person with whom a dog has been placed by the <br />owner of such dog for the purpose of that person having <br />control of such dog on behalf of the owner. <br />Owner: Any person owning, keeping or harboring a dog. <br />Physically restrained: Restrained by structural means such <br />as fence, wall, cage, etc. that is reasonably calculated to <br />restrain the animal. <br />Registration fee: The annual administrative fee charged by <br />the city for the registration of each dog. This fee does not <br />include vaccination fees. <br />Running at large: Not under the direct physical control of <br />the owner or handler by leash, cord, chain or similar direct <br />physical control and not being kept physically restrained <br />from leaving the premises of the owner. The wearing of a <br />muzzle by a dog shall not be regarded as control under this <br />definition. <br />Veterinarian: A doctor of veterinary medicine who holds a <br />valid license to practice his or her profession. <br />Sec. 3-11. TO be kept under physical restraint. <br />(a) Every dog shall be kept under the direct physical <br />control of owner or handler or physically restrained from <br />leaving the premises of the owner or handler of such dog. <br />Employees of the city as designated by the city manager are <br />hereby authorized and empowered to enter upon any land or <br />premises and to take up and impound any dog which is not then <br />and there being kept physically restrained from leaving the <br />premises of its owner or handler: <br /> (1) When the safety of any human or the safety of <br /> other animals is being jeopardized by such dog; or <br /> (2) When such dog is being pursued by employees of <br /> the city, as designated by the city manager, <br /> who began such pursuit when such dog was not <br /> being kept physically restrained from leaving <br /> the premises of its owner or handler; or <br /> (3) When a sworn complaint has been filed in the <br /> Municipal Court of the City of San Marcos charging <br /> the owner or handler has not kept such dog <br /> physically restrained from leaving the premises <br /> of such owner or handler; provided, however, that <br /> this subsection shall not be construed as <br /> requiring such a complaint in order to enforce <br /> the other provisions of this section. <br />(b) Every dog shall be physically restrained from leaving <br />the person or vehicle of the owner or handler of such dog <br />when not on the premises of the owner or handler. <br />Sec. 3-18. No loud barking or howling- <br />It shall be unla\'lful for a dog to make unreasonable loud <br />barking or howling noise. For purposes of this section, <br />unreasonable loud barking or howling noise is defined as <br />barking or howling of such a degree of loudness and duration <br />that it is then and there disturbing to a person or persons <br />in the vicinity of the dog. Any such person or persons so <br />disturbed must file a S\'lorn, written complaint. with the <br />appropriate authorities to initiate prosecution under this <br />section. The owner or handler of the dog shall be deemed <br />responsible for training or hiring someone to train the dog <br />to be reasonably quiet. The fine for the first conviction of <br />violation of this section shall be fifty dollars <br />