(A) (1) The keeping or maintenance outside a proper enclosure of any vicious dog or dog having dangerous or destructive propensities is declared to be a public nuisance, and shall be abated as provided in this chapter.
(2) The keeping or maintenance of any dog which by prolonged and habitual barking, howling or whining causes serious annoyance to neighboring residents and interfere with the reasonable use and enjoyment of the public streets, sidewalks or other public areas, is declared to be a public nuisance and shall be abated as provided in this chapter.
(3) It shall be unlawful for any owner to keep on his or her lot or premises any dog or puppy, the keeping of which results in such unsanitary conditions, odors or insect proliferation or which such dog or puppy barks, cries, howls, yaps, fights or makes such other noises, as to disturb the peace and quiet of the neighborhood or general public and results in a neighborhood or public nuisance and to fail to abate the same upon warning from the Police Chief.
(B) (1) Complaint and notice. On receipt of a written detailed and signed complaint being made to the town by any resident that any person is maintaining a public nuisance as described in division (A) above, the Police Chief shall cause the owner or keeper of the dog in question to be notified that a complaint has been received, and shall cause the situation complained of to be investigated and a report and findings written.
(2) Abatement. If the written findings of the investigation indicate that the complaint is justified, then the Police Chief shall cause the owner or keeper of the dog in question to be so notified in writing, and ordered to abate the nuisance within 48 hours by destruction or removal of the dog or by construction of a proper enclosure, as the case may necessitate.
(3) Impoundment on failure to abate; destruction. If any person being the owner or keeper of a dog hereinabove described shall fail or refuse to abate the nuisance on order of the town within the specified time, the Police Chief shall cause the dog in question to be apprehended and impounded in a suitable place, such as the county’s Humane Society Shelter, and held, redeemed, sold or destroyed in accordance with the rules established by the county’s Humane Society Shelter ordinance.
(Prior Code, § 91.02) Penalty, see § 91.99