A. Confinement Required: No owner of a vicious animal shall suffer or permit the animal to go unconfined on his premises. A vicious animal is "unconfined", as the term is used in this Section, if the animal is not securely confined indoors or confined in a securely enclosed and locked pen, or a vicious-animal run area upon the premises of the owner, suitable to confine the animal and to prevent the entry of young children or persons other than the owners of the animal. The pen or vicious-animal run area must have all sides six feet (6') high and a secure top. If the pen or vicious-animal run structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot (1').
B. Control When Off Owner's Premises: No owner of a vicious animal shall suffer or permit the vicious animal to go beyond the premises of such person unless the vicious animal is securely muzzled and/or caged and restrained by a secure collar and leash not exceeding three feet (3') in length. The leash shall be of sufficient strength to prevent escape and shall be under the direct control of the owner.
C. Animal Fighting Prohibited: No person shall own or harbor any vicious animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging unprovoked attacks upon human beings or domestic animals.
D. Sales Prohibited: No person shall possess with intent to sell, or offer for sale, breed, buy or attempt to buy within the Town, any vicious animal.
E. Animal To Be Neutered: Any person owning a vicious animal shall have the animal spayed or neutered, at the owner's expense, within thirty (30) days after the animal is found to be vicious by a court of competent jurisdiction, if the animal is currently not spayed or neutered.
F. Escape: The owner of a vicious animal shall notify the Metropolitan Animal Control Facility within twenty four (24) hours of the animal's escape or release, that the animal is loose, unconfined, has attacked another animal or a human being, has died or has been sold or given away. If the vicious animal has been sold or given away, immediately upon the sale or conveyance, the owner or keeper shall provide the Metropolitan Animal Control Facility with the name, address and telephone number of the new owner. Upon sale or conveyance, the new owner will be obligated to comply with the requirements of this Chapter.
G. Exception, Law Enforcement Dogs: This Section shall not apply to dogs owned by law enforcement agencies.
H. Seizure And Impoundment:
1. If an animal control officer has probable cause to believe that a vicious animal is being kept, harbored or cared for in violation of subsections B through G of this Section, the animal control officer may petition the Municipal Court to order the seizure and impoundment of the animal. If an animal control officer has probable cause to believe that a vicious animal is being kept, harbored or cared for in violation of subsection C of this Section, the animal control officer shall seize and impound the animal.
2. If a purported vicious animal is impounded, the animal shall be held pending trial and disposed of pursuant to court order. If the person owning the animal is unable to be determined or found, the animal shall be humanely euthanized within a reasonable time after impoundment. If the person owning the vicious animal does not redeem the impounded animal by payment of the fees and charges set forth in other sections of this Chapter within a reasonable time, the animal shall be humanely euthanized. No vicious animal shall be humanely euthanized within five (5) days after being impounded, exclusive of Sundays and holidays, except that an impounded vicious animal may be humanely euthanized at any time with the consent of the person owning, harboring or having the care or custody of the animal.
3. Any vicious animal found upon any property, public or private, not the premises of the owner may, if such animal cannot be safely taken up and impounded by reasonable means, be destroyed by the animal control officer or any police officer.
I. Euthanization: Any vicious animal which attacks a human being or another domestic animal shall be ordered humanely euthanized when, in the Municipal Court's judgment, such vicious animal represents a continuing threat of serious harm to human beings or other domestic animals.
J. Microchips And Tattoos: If the Court does not order the animal destroyed, the owner of the animal shall, within ten (10) days, provide proof to Metro Animal Control and the Court that said animal has been tattooed or microchipped. The tattoo shall be one designated by Metro Animal Control and shall be placed in the left ear, unless it would be unreadable in that location, in which case it will be placed in the left flank of the back leg. If the animal is microchipped the number shall be registered with Metro Animal Control. Any expenses incurred shall be the responsibility of the owner. (Ord. 99-04, 11-16-1999)