CHAPTER 90: ANIMALS

Section

   90.01   Nuisance

   90.02   Violations

   90.03   Bitten

   90.04   Enforcement

§ 90.01 NUISANCE.

   (A)   No person or entity within the boundaries of the town that owns or has control over a dog or dogs shall allow the dog(s) to disturb the peace and quiet enjoyment of another person; or to disturb or endanger the health or welfare of another person or neighborhood.

   (B)   Any of the following acts or omissions constitutes a nuisance per se and constitutes a violation of this chapter:

      (1)   Allowing a dog or dogs to bark, howl, growl, yelp or make other noises for a continuous period of 30 minutes, or intermittently in excess of 60 minutes, at a volume that such noise is heard by persons located off the property where the dog(s) are kept;

      (2)   Allowing a dog or dogs to emit noxious or offensive odors that are smelled by persons located of the property where the dog(s) are kept for a continuous period of 30 minutes, or intermittently in excess of 60 minutes; or

      (3)   Allowing a dog or dogs that are known to have previously bitten or attacked another human being without provocation to bite or attack another human being without provocation.

(Ord. 60, passed 9-18-2008) Penalty, see § 10.99

§ 90.02 VIOLATIONS.

   (A)   Violators of this chapter are entitled to receive a verbal or written warning for the first offense under this chapter. Law enforcement officers or other persons authorized by the town to enforce this chapter shall keep a written record of the date, time and location of the warning given. Citations will only be issued for violations occurring following issuance of a warning. If no citation is issued within 30 days following issuance of a warning, violators are entitled to receive another warning prior to issuance of a citation for violations occurring following the prior warning.

   (B)   A violation of this chapter shall constitute a Class C misdemeanor and, upon conviction, the violator may be punished in accordance with the jail sentence and fines provided under state law for Class C misdemeanors. Violations of this chapter may also be abated through civil actions in court brought by the state, the county, the town or any private individual who is a victim of a violation of this chapter.

(Ord. 60, passed 9-18-2008) Penalty, see § 10.99

§ 90.03 BITTEN.

   Any victim or any other person reasonably acting to protect a victim or a victim’s property who is being bitten or attacked by a dog may destroy the dog if reasonably necessary to do so to protect the person or property.

(Ord. 60, passed 9-18-2008)