(A) It shall be unlawful to own, keep, or harbor a public nuisance animal within the town.
(B) Complaint and notice. Upon receipt of a written detailed and signed complaint being made to the Animal Control Officer or Police Officer by any resident that any person is maintaining a public nuisance animal as defined in this chapter, the Animal Control Officer shall cause the owner of the animal in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated and make a written report of his findings.
(C) Abatement. If the written findings of the Animal Control Officer indicate that the complaint is justified and can be abated, then the Animal Control Officer shall cause the owner or keeper of the animal in question to be so notified in writing by certified mail, return receipt requested, ordered to abate such nuisance within seven days after notification. Upon failure to abate the nuisance, the Animal Control Officer or Police Officer shall cause a citation or summons to be issued against the owner.
(D) Impoundment upon failure to abate. If any person receiving notice in the manner described above fails or refuses to abate the nuisance upon order of the Animal Control Officer within the specified time, the animal shall be apprehended and impounded in accordance with the provisions contained in this chapter. If extenuating circumstances exist, the owner may consult with the Animal Control Officer and Chief of Police and request an extension of time in order to remove the nuisance or correct the facilities for maintaining the animal in accordance with this chapter.
(E) Right of appeal. Within the seven-day period mentioned in division (C) above, the owner of the nuisance animal may appeal the findings of the Animal Control Officer to the Chief of Police.
(F) Redemption; destruction. If the owner shall so request, the animal may be redeemed pursuant to the provisions hereinafter set forth, and upon further condition that the owner execute a written agreement to comply with the abatement order. If no redemption and execution is made by the owner within the time specified, then the animal shall be disposed of in accordance with the provisions of this chapter.
(G) Impoundment based upon finding of vicious animal other than dangerous dogs. If the written findings of the Animal Control Officer indicate that the animal in question is a vicious animal as defined in § 91.01, then the Animal Control Officer may immediately apprehend and impound the animal in accordance with the provisions contained in this chapter, provided that the Animal Control Officer provides the owner with written notice of the impoundment. Within seven days of receiving such notice, the owner of the animal may appeal the findings and actions of the Animal Control Officer to the Chief of Police. However, the animal shall remain impounded during the pendency of the appeal. If no appeal is made by the owner within the time specified or if the Chief of Police determines on appeal that the animal is a vicious animal as defined in § 91.01, then the animal shall be disposed of in accordance with the provisions of this chapter.
('71 Code, § 3-14) (Ord. passed 9-23-75; Am. Ord. passed 9-18-95; Am. Ord. passed 3-18-02; Am. Ord. 2021-08-04, passed 8-16-21) Penalty, see § 91.99