For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. Off or outside of the premises occupied by the owner of such dog while not in the company of, and under the control of, its owner; premises includes a motor vehicle.
NUISANCE. Any dog that:
(1) Howls or barks in such a manner as to deprive a person of peace and quiet;
(2) Injures, kills, or destroys an animal, fowl, shrubbery, flowers, garden, or other property belonging to a person, other than the owner of the dog, when the dog is off or outside of the premises occupied by the owner; and/or
(3) Is in the habit of defecating upon premises other than that occupied by the dog owner.
OWNER. A person, firm, association, or corporation owning, keeping, or harboring a dog.
POLICE. Any one or more persons regularly employed by the town as a law enforcement officer, or formally appointed by the town as a dog officer authorized to enforce the terms of this chapter, provided said appointment is reflected in the minutes of the Town Board of Trustees.
VICIOUS DOG. Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon premises not occupied by the dog owner. No dog may be declaredVICIOUS if an injury or damage is sustained to any person who was committing a willful trespass, or other tort, upon premises occupied by the owner of the dog, or who was teasing, tormenting, abusing, or assaulting the dog, or who was committing, or attempting to commit, a crime.
(Ord. 89-7, passed 10-17-1989)
No dog shall be allowed to run at large, be a nuisance, or be a vicious dog. Any dog that is vicious or has a propensity to be vicious and the same is known, or ought reasonably to be known, by the owner shall be muzzled or on a leash in charge of the owner, or member of the owner’s immediate family over 16 years of age, whenever such dog is allowed off the premises occupied by the owner.
(Ord. 89-7, passed 10-17-1989) Penalty, see § 91.99
A dog that is at large, a nuisance, or vicious, and off the premises occupied by the owner, may be summarily seized by the police or by anyone, and promptly delivered to the police and impounded. Whenever the police shall deem a dog to be a nuisance or a vicious dog, and such dog is presently located upon premises occupied by the owner, the police may enter such premises and summarily seize and impound such dog.
(Ord. 89-7, passed 10-17-1989) Penalty, see § 91.99
Whenever a dog is impounded and the owner of the dog:
(A) Is known to the police, the police shall give notice of the impounding by personal service or by mail upon the owner; or, if it is not known to the police, the police shall place a notice of the impoundment upon the bulletin board at the post office; and
(B) If the owner does not, within seven days after the notice is posted, claim the dog and pay a redemption fee set by resolution, the dog may be humanely killed or disposed of to a person agreeing to provide it a suitable home.
(Ord. 89-7, passed 10-17-1989) Penalty, see § 91.99
A dog that reasonably appears to be infected with rabies may be summarily killed by anyone. A vicious dog may be summarily killed by anyone at the time it behaves in a vicious manner to prevent serious injury to a human. A vicious dog that continually or repeatedly behaves in a vicious manner so as to render its seizure unreasonable, or a vicious dog that is wild so as to render its seizure unreasonable, may be summarily killed by the police.
(Ord. 89-7, passed 10-17-1989) Penalty, see § 91.99
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.