§ 4-16. Vicious animals.
(a)
It shall be unlawful for any person to harbor any animal, which is three (3) months of age or older, which on or off the property of its custodian and without provocation has:
(1)
Killed or caused life threatening injuries through bite(s) to a person;
(2)
Bitten or caused physical harm through bite(s) to a person;
(3)
Attempted to bite or cause physical harm through bite(s) to a person;
(4)
Injured, maimed or killed any pet or domestic livestock.
(5)
On two (2) separate occasions, while not properly restrained, approached a person in a menacing fashion or apparent attitude of attack.
(b)
The animal control officer shall issue a citation to the custodian for the attack or attempted attack as described in section 4-16(a). Citations may be delivered in person or by registered mail if the custodian is not readily found. The citation issued shall impose upon the custodian a civil penalty of fifty dollars ($50.00). The violator may pay the citation to the town revenue collector within fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This penalty is in addition to any other fees authorized under this chapter.
(c)
In the event that the custodian of the violator does not appear in response to the described citation or the civil penalty is not paid within the period prescribed, or if the violator previously has been declared vicious upon payment of a citation or the conviction of the custodian, a criminal summons may be issued against the custodian for violation of this chapter and upon conviction, the custodian shall be punished as provided by state law.
(d)
Upon the payment of a citation or the conviction of the custodian for having an animal which without provocation has committed any of the acts described in section 4-16(a)(1)—(4), said animal is declared a vicious animal.
(e)
Upon the issuance of a citation for an animal which has committed any of the acts described in section 4-16(a)(1)—(4); the animal must be confined either in the home of the custodian, at an animal shelter, a kennel or a veterinarian's office until such time that the required pen is constructed, the animal is found to be vicious and destroyed per section 4-16(a)(1), or a judge finds that the animal is not a vicious animal. The animal control officer has the authority at any time to require that the animal not be kept in the custodian's home. The animal must stay confined through any legal appeals. The custodian shall be responsible for the costs incurred in the animal's confinement. If the animal is found not to be a vicious animal, the town shall be responsible for the cost.
(f)
Upon the payment of a citation or the conviction of the custodian for having an animal which on or off the property of the custodian and without provocation has killed or caused life threatening injuries through bite(s) to a person, section 4-16(a)(1), the animal will be impounded by the animal control officer and destroyed in a humane manner.
(g)
The custodian of a declared vicious animal, as described in section 4-16(a)(2)—(4), is required to keep the animal securely confined indoors or in a securely enclosed and locked pen or structure. This pen or structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet; the size of the pen will be based on the size of the animal and must have sides six (6) feet in height with a device to prevent the animal from escaping over the top of the fence. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. The enclosure must also provide protection from the elements for the animal. The shelter must be inspected and receive written approval from the animal control officer.
(h)
There must be posted on the premises of the custodian a sign or placard noting "Beware of Dog" or other information noting the presence of vicious animal(s).
(i)
The animal control officer will inspect the pens of all animals deemed vicious at least twice annually to assure that the standards are maintained.
(j)
A vicious animal shall be permitted at the following locations only:
(1)
On the premises of the custodian.
(2)
On private property, with the authorization of the owner of the property.
(3)
At a licensed veterinarian for treatment.
(4)
In a motor vehicle while being transported.
(5)
The vicious animal must be controlled by means of a chain, leash or other like device whenever it is not indoors or in the secure enclosure as described in section 4-16(g).
(k)
An animal which has been declared vicious may be impounded by the animal control officer for being out-of-doors, out of a secure structure and not controlled by means of a chain, leash or other like device, or for being in a location other than described in section 4-16(j).
(l)
The custodian of the aforementioned dog may be issued a citation for violation of section 4-16(j) and section 4-16(k). Citations may be delivered in person or mailed by registered mail if the custodian is not readily found. The citation issued shall impose upon the custodian a civil penalty of fifty dollars ($50.00) which may be paid to the town revenue collector within fourteen (14) days of receipt in full satisfaction of the assessed civil penalty. This penalty is in addition to any other fees authorized by this chapter.
(m)
Any animal previously declared vicious upon the payment of a citation or by conviction of the custodian for a violation of section 4-16(a), that commits a subsequent violation as described in section 4-16(a), will cause the custodian to be charged with that violation. Upon the custodian's conviction of that violation, the animal will be destroyed in a humane manner.
(n)
Violation of this section is a misdemeanor and is subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.
(Ord. 88-10-10/O-1, § 1; Ord. No. 92-4-13/O-4, § 4; Ord. No. 99-11-8/O-1, § 1; Ord. No. 2001-07-02/O-2, § 1)
Editor's note
It should be noted that § 2 of Ord. No. 2001-07-02/O-2, provides, "In determining whether a criminal summons may be issued for a violation after an animal once previously has been declared vicious upon payment of a citation or conviction of the custodian, only acts committed after the effective date of this ordinance shall be considered. In determining whether an animal may be destroyed after a conviction of a custodian for a subsequent violation involving an animal previously declared vicious upon payment of a citation or conviction of the custodian, only acts committed after the effective date of this ordinance shall be considered."