A. Vicious Animal Restrictions: It is unlawful for any person to sell, possess, offer for sale, barter, give away, keep or purchase any "wild" or "vicious" animal, as defined in section 5-1-1 of this chapter, which is fierce, dangerous, noxious or naturally inclined to do harm; except an animal shelter, a veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement park or facility for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided.
B. Guard Dogs: This section shall apply to guard dogs provided for the protection of property. Guard dogs must be kept in a fenced run or other suitable enclosure and under absolute control during hours when the property is opened to the public so they cannot come into contact with the public. Guard dogs shall be properly restrained at all times.
C. Running At Large; Special Provisions:
1. Redemption Prohibited: It is unlawful for any person to own and/or possess a vicious dog or other animal within the municipality. Whenever a prosecution for this offense is commenced under this section, the dog involved may not be redeemed, pursuant to the provisions of this chapter, while awaiting final decision of the court as to the disposition of such dog.
2. Capture: Any vicious dog or other wild or vicious animal running at large, or which is loose within the premises of the owner or person having custody or control of such dog or other animal where it is reasonably likely to endanger the life or limb of or cause injury to any person or other animal lawfully entering such premises, shall immediately be captured by the animal control officer, his deputies or any police officer, and be humanely destroyed or quarantined as provided in subsection 5-1-3F of this chapter.
3. Destruction: If the capture of such dog or other animal cannot be accomplished without serious risk or harm to the animal control officer, his deputies or police officers, such dog or other animal may be destroyed by the animal control officer, his deputies or any police officer, where found, by the safest and most appropriate means available. It shall be the duty of the owner or the person having custody of any vicious dog or other animal, upon request, to assist in the capture of such dog or other animal.
D. Dogs Attacking Persons And Animals:
1. Attacking Dogs: It is unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to attack, chase or worry any person, any domestic animal, any species of hoofed protected wildlife or domestic fowl. "Worry", as used in this subsection, shall mean to harass by tearing, snapping, chasing, biting, shaking with the teeth or other similar threatening actions.
2. Owner Liability: The owner in violation of subsection D1 of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection D1 of this section, the owner of such dog shall also be liable for damages to any person injured or to the owner of any property or animals injured or destroyed thereby.
3. Defenses: The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
a. That the dog was properly confined on the premises;
b. That the dog was deliberately or maliciously provoked.
4. Dogs May Be Killed: Any person may kill a dog while it is committing any of the acts specified in subsection D1 of this section, or while such dog is being pursued thereafter, but only by use of reasonable means that do not endanger other persons or animals.
E. Restrictions On Certain Dog Breeds:
1. Hereditary Characteristics: There are certain breeds of dogs, which by their unique hereditary characteristics, owner training and instruction, or through mistreatment, have a propensity to be vicious. The breeds include, but are not limited to, the bull terrier, the American staffordshire terrier, staffordshire terrier, staffordshire bull terrier, American pit bull terrier, tosa, sharpei, rotweiler, German shepherd, and doberman pinscher. The dogs identified under this section:
a. Must be licensed under the procedures and fees set forth in this chapter;
b. Must be kept in a fenced yard, dog run or other structure which is at least six feet (6') in height by six feet (6') wide by ten feet (10') in length;
c. Must be on a leash if they are out of a fenced area and left unattended on the owner's property;
d. Must be on a leash and under complete control when being walked or exercised on public property, subject to the provisions of subsections E1e and E1f of this section;
e. Are not allowed in public places where a program or meeting is in progress or where children are going to or from school;
f. Are not allowed on public property without a leash.
2. Knowledge Of Vicious Propensities: It is unlawful for the owner of a vicious animal, knowing its propensities, to wilfully allow it to go at large or to keep it without ordinary care. It is unlawful for any animal, while at large, to cause injury to another animal or to any human being who has taken reasonable precaution.
3. Administrative Remedy:
a. Any person required to comply with the provision of this subsection or any person who is or may be subject to the enforcement of any provision of this subsection in a civil or criminal proceeding, who disagrees with the interpretation or application of any provision of this subsection shall make a written request to the mayor or responsible town council member to determine whether and how the provisions of this subsection apply to him or her and to the animals subject to said provisions.
b. During the time that the written request is being considered by the mayor or responsible town council member, no criminal action shall be enforced under this chapter against the person who has made the request.
c. The mayor or responsible town council member shall rule on the request within five (5) days after the mayor or responsible town council member receives it. The decision of the mayor or responsible town council member shall advise the recipient of whether and how the provisions of this subsection apply to his/her request; and if any provision applies, the decision shall inform the recipient of how many days the person has to comply with this subsection before this chapter will be enforced against him or her and the animal which may be affected by this chapter.
d. If any person affected by the provisions of this subsection takes the position that his or her animal is not within the classifications established by this subsection, he or she shall make a written request to the mayor or responsible town council member under this subsection.
e. The mayor or responsible town council member may appoint an expert to advise him/her on matters requiring special knowledge, with the cost for the expert to be paid by the person making the request prior to the mayor or responsible town council member engaging the services of the expert prior to the issuance of a license under this chapter. Where an expert is required to advise the mayor or responsible town council member, the mayor or responsible town council member may delay his or her decision until he has received the recommendation of the expert.
f. Nothing in this chapter requires the town to dismiss any criminal or civil action brought by the town pending his or her decision. (Ord. 01-01, 7-6-2001; amd. Ord. 11-02, 3-22-2011)