It is unlawful for an owner to have an aggressive dog within the town limits without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.
(A) An animal control officer shall issue a certificate of registration to the owner of such dog if the owner presents to the animal control officer sufficient evidence of:
(1) A proper enclosure for the aggressive dog to confine the aggressive dog, and the posting of the premises with a clearly visible warning sign that there is an aggressive dog on the property.The sign shall include a warning symbol that informs children of the presence of an aggressive dog.
(2) A surety bond issued by a surety insurer, in a form acceptable to the Town Prosecutor, in a sum of no less than $100,000.
(3) A policy of liability insurance, such as homeowner's insurance, issued by a qualified insurer, in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the aggressive dog.
(B) It is unlawful for the owner of an aggressive dog to permit the dog to be outside of the proper enclosure unless the dog is under control of the owner or a responsible person and is restrained by a leash and muzzle.
(C) A dog shall not be declared to be aggressive if the bite or attack was deemed accidental or with reasonable cause, or if the threat or damage was sustained by a person who, at that time, was committing a willful trespass or other criminal act upon the premises occupied by the owner of or person responsible for the dog, or was tormenting, abusing or assaulting the dog, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or committing or attempting to commit a crime.
(D) Any aggressive dog shall be immediately confiscated by an animal control officer if:
(1) The dog is not validly registered as required by subsection (A) above.
(2) The owner does not secure the required liability insurance coverage.
(3) The dog is not maintained in the proper enclosure.
(4) The dog is outside the dwelling of the owner, or outside of the proper enclosure and not under control of the owner or responsible person, in which case, the owner or responsible person shall be guilty of a Class 1 misdemeanor.
(5) The dog was previously found to be an aggressive dog under this chapter and attacks or bites a person or another domestic dog. In this event, the owner or responsible person shall reasonably act to protect the public or other dogs. In addition, the aggressive dog shall be placed in quarantine for the proper length of time, and thereafter, upon order of the court, shall be destroyed in an expeditious and humane manner.
(6) The dog aggressively attacks and causes severe injury or death of any human, regardless of whether the dog has previously been declared potentially dangerous, dangerous, or aggressive. In addition, the dog shall immediately be placed in quarantine for the proper length of time, and thereafter, upon order of the court, shall be destroyed in an expeditious and humane manner. The owner or responsible person shall be guilty of a Class 1 misdemeanor.
(E) Notwithstanding the requirements set forth in divisions (A)(1) through (A)(3) above, the town shall not be liable for the owner's failure to secure and maintain a proper enclosure, a surety bond, or a policy of liability insurance.
(F) For purposes of this section, “proper enclosure” shall mean the secure confinement, either indoors or in a securely enclosed and locked pen or structure with secure sides, top, and floor, designed to prevent the dog from escaping and the entry of young children. The dog’s head shall not be able to protrude out of the enclosure. The enclosure shall protect the dog from the elements and allow for the provision of fresh food and water and an exercise area in order to maintain the dog in good health.
(Res. 12-999, passed 12-11-2012; Ord. 12-760, passed 12-11-2012; Ord. 17-834, passed 10-24-2017) Penalty, see § 90.99