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Prior to the release of an impounded animal the owner of any animal impounded under the provisions of this subchapter must pay in full all charges, costs and expenses incurred by the village or by any person or organization which keeps the animal during the period it is impounded, in addition to any fine or penalty assessed by reason of a violation of this chapter and pursuant to §§ 90.55 through 90.61 below.
(2001 Code, § 3-2-13)
Any dog which may, in any manner, continually disturb the quiet of any person or neighborhood or shall destroy or in any manner injure any animal, plant, shrub or other property not on the premises of its owner or keeper is hereby declared to be a nuisance, and the dog shall be taken up and impounded and may be redeemed or disposed of in the manner provided for under this code.
(2001 Code, § 3-2-15)
VICIOUS AND DANGEROUS DOGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. Any individual dog which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner's family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks or any public grounds or places.
ENCLOSURE.
(1) A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure.
(2) The
ENCLOSURE shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
FOUND TO BE VICIOUS DOG.
(1) The county veterinarian, Animal Control Warden or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined below and, based on that finding, the county veterinarian or an Animal Control Warden has declared in writing that the dog is a vicious dog; or
(2) The circuit court has found the dog to be a vicious dog as defined in below and has entered an order based on that finding.
IMPOUNDED. Taken into the custody of the public pound in the village or town where the vicious dog is found.
VICIOUS DOG.
(1) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property.
(2) Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
(3) Any individual dog that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment.
(4) Any individual dog which attacks a human being or domestic animal without provocation.
(5) Any individual dog which has been found to be a "dangerous dog" upon three separate occasions.
(6) No dog shall be deemed
VICIOUS if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. VICIOUS DOGS shall not be classified in a manner that is specific as to breed.
(7) If a dog is found to be a
VICIOUS DOG, the dog shall be subject to enclosure.
(2001 Code, § 3-3-1) Penalty, see § 90.99
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