§ 90.02 ANIMAL NUISANCES.
   (A)   Keeping of animals. No person shall own, keep, have in his or her possession, or harbor any dog, which, by frequent or habitual howling, yelping or barking, shall cause a nuisance by creating a serious annoyance or disturbance to any individual or to the neighborhood.
   (B)   Running at large prohibited. No person shall permit any dog or cat to run at large in the town, except on the property of the owner of said dog or cat, unless the same be on a suitable leash or otherwise restrained.
   (C)   Vicious animals and farm animals. It shall be unlawful and a nuisance to possess, maintain or house within the limits of the town (a) a vicious animal defined under the definition of vicious animal; or (b) cattle, calves, buffalo, horses, ponies, mules, donkeys, swine, sheep, goats, or poultry.
   (D)   Number of animals restricted. Not more than three dogs or three cats shall be allowed in the residence or on the property of the owner of a dog or cat. The owner of a dog or cat may retain the puppies born of said dog or kittens born of said cat exceeding the permissible number for 12 weeks after birth of the animals. If after that time there are more than three dogs and three cats in the residence or on the property of the owner, it will be deemed a violation of this section. No kennel shall be maintained in the town.
   (E)   Cruelty prohibited.
      (1)   Except as authorized by law no person shall intentionally or wantonly:
         (a)   Subject any animal to or cause cruel or injurious mistreatment through abandonment, causing it to fight for pleasure or profit, mutilation, beating, torturing, tormenting, failing to provide adequate food, drink, space or health care, or by any other means;
         (b)   Subject any animal in his custody to cruel neglect; or
         (c)   Kill any animal.
      (2)   Nothing in this section shall apply to the killing of animals:
         (a)   Pursuant to a license to hunt, fish or trap;
         (b)   Incident to the processing as food or for other commercial purposes;
         (c)   For humane purposes; or
         (d)   For any other purpose authorized by law.
   (F)   Abandonment prohibited. It shall be unlawful for any owner of any dog, cat or other animal to abandon the same within the town.
   (G)   Slaughtering prohibited. It shall be unlawful for any person to slaughter, butcher or render any animal or animal carcass, at any site or location within the corporate limits of the town in order to protect the health and welfare of the town's citizens.
   (H)   Retrieving abandoned or neglected animals. After any town employee has retrieved and impounded an animal running at large, an abandoned animal or a neglected animal, the following procedure shall be utilized:
      (1)   The animal shall be retrieved and impounded, and taken to the wastewater plant to a kennel where the animal will be provided with food and water;
      (2)   The Town Clerk-Treasurer or Marshal will attempt to contact the owner, if known;
      (3)   The owner shall have three days to claim the animal;
      (4)   The owner will need to reimburse the town a fee of $25 per day the animal is kept in a kennel; and
      (5)   If the animal is not claimed within three days after impoundment, a town employee will take the animal to a no kill shelter to dispose of the animal.
   (I)   Inoculation. It shall be the duty of every owner of a dog harbored in the town to have the dog inoculated against rabies. The owner of the dog shall at all times keep in his or her possession evidence of rabies inoculation consisting of a certificate signed by the licensed veterinarian administering the vaccine.
   (J)   Enforcement, see § 90.05(A).
(Ord. 2022-0412, passed 4-12-2022)