(A) General requirements. All animals except cats which have been neutered or spayed and are wearing identification or are ear tipped in the case of feral cats shall be kept under restraint. However, altered cats not kept under restraint at all times are still subject to public nuisance laws hereinafter cited.
(B) Animals in heat. Every female animal in heat shall be confined in a building or secure enclosure in such a manner that the animal cannot come into contact with a male animal of the same species except for planned breeding.
(C) Vicious animals.
(1) If an animal control officer or any law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, and the ownership of said animal can be ascertained, the animal control officer shall request a hearing by the Town Council for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious.
(a) Whenever possible, any complaint received from a member of the public which serves as evidentiary basis for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the Town Council.
(b) The hearing will be held at the next regularly scheduled meeting of the Town Council and shall be open to the public.
(c) The owner/guardian of the animal shall be served with notice of the hearing and a copy of any complaints received by certified mail or in person.
(d) The animal control officer shall notify the owner/guardian of the animal of the date and time of such hearing, at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious:
1. Such evidence may include eyewitness testimony of the incident; or
2. Evidence that the action of the animal and the damage sustained by the person or other animal could have reasonably been expected to occur given the circumstances of the event. Such circumstances may include, but are not limited to: willful trespass upon the owner/guardian’s property; teasing, tormenting, abusing, or assaulting the animal; and/or attempted abuse or assault upon the owner/guardian.
(e) The Town Council may consider all relevant evidence, including incident reports, affidavits of witnesses, and whether the incident reasonably indicates whether not the animal in question is potentially dangerous and/or vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take measures to prevent injury.
(f) The Town Council may decide all issues for or against the owner/guardian of the animal even if the owner/guardian of the animal fails to appear at the hearing.
(g) After the hearing, the owner/guardian of the animal shall be notified in writing of the determination by certified mail or in person.
1. If a determination is made that the animal is potentially dangerous or vicious, the owner/guardian shall comply with this section’s requirements for restraint in accordance with a time schedule established by the Town Council but in no case more than 30 days after the date of the determination.
2. An animal determined to be vicious may be destroyed by the Police Department when it is found by the Town Council that the release of the animal would create a significant threat to the public health, safety, and welfare.
3. If it is determined that an animal found to be vicious shall not be destroyed, the Town Council may impose reasonable conditions upon the ownership of the animal that protect the public health, safety, and welfare.
4. Decisions of the Town Council are final.
(2) If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The owner/guardian of the animal shall be liable to the town for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious.
(3) A potentially dangerous animal, while on the owner/guardian’s property, shall, at all times, be kept indoors, or in a secured enclosure from which the animal cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner/guardian’s premises only if it is restrained by a substantial leash of appropriate length, and if it is under the control of an adult.
(4) An animal that has been declared vicious may not be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition except to a secured enclosure. When outside, all vicious animals must be confined in a secure enclosure, except when necessary to obtain veterinary care.
(a) All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(b) The enclosure shall have secure sides and a secure top and bottom to prevent the animal from escaping over, under, or through the structure.
(c) The enclosure shall be kept locked at all times to prevent unintentional opening.
(d) The enclosure shall include suitable shelter and protection from the elements, and shall provide adequate exercise room, light, ventilation, and sanitation.
(e) The enclosure shall be approved by the Police Department prior to its usage for confinement.
(f) Whenever necessity requires a vicious animal to be outside of the enclosure, the animal shall be securely muzzled and restrained by a leash not exceeding three feet in length, with handgrip, and shall be under the direct control and supervision of the owner/guardian of the animal.
(5) The owner/guardian of a potentially dangerous or vicious animal shall display clearly visible warning signs on all entry points to the premises on which the animal is maintained warning that a potentially dangerous or vicious animal is being harbored on such property. In addition, at least one sign shall be posted on the enclosure in which the animal is maintained. Signs must inform both children and adults of the presence of a potentially dangerous or vicious animal on the property.
(6) Any animal classified as potentially dangerous or vicious shall not be used for breeding and shall be altered by a licensed veterinarian within 30 days of such classification unless:
(a) A licensed veterinarian certifies in writing that the animal is incapable of reproduction; or
(b) A licensed veterinarian certifies in writing that altering the animal would be injurious to the animal’s health, provided, however, that if the health condition of the animal is of a temporary nature, then the animal shall be altered immediately after the health condition has been corrected.
(7) If the animal in question dies, or is sold or transferred, the owner/guardian shall notify the Clerk-Treasurer of the changed condition and new location of the animal in writing within two working days.
(8) An owner/guardian may submit one request for reconsideration per year to the Town Council to have the designation of potentially dangerous or vicious removed from his or her animal.
(a) The application must be in writing.
(b) The application must be given to the Clerk-Treasurer.
(c) The application shall include detailed information about how the change in circumstances or measures taken by the owner/guardian, such as training of the animal, have mitigated the risk to public safety.
(d) The Town Council may hear evidence, both pro and con, as to whether and why the designation should or should not be removed.
(e) The Town Council may make a decision to remove or not to remove such designation.
(Ord. 2015-1, passed 2-2-2015)