(A) Any person, firm or corporation who violates §§ 91.26, 91.28 or keeps, maintains or harbors an animal which has not been inoculated for rabies shall be fined in the amount of $100 in addition to any other punishment or penalty provided for in this chapter. Further, the Animal Control Officer shall take possession of the animal and the animal shall not be redeemed by the owner until the animal has been properly licensed and the violation corrected. An impounded animal shall be released only pursuant to the provisions set out in § 91.52. Failure to comply with the vaccination requirement of § 91.52 shall constitute a separate offense and subject the person, firm or corporation to an additional fine and impoundment of the animal.
(B) If any provision of §§ 91.26 or 91.28 is violated, in addition to any other punishment or penalty, the animal shall be taken by the Police Department and destroyed in a humane manner. It shall also be unlawful for the person owning such destroyed animal to keep another animal in the town for a period of three years from the date of the violation.
('71 Code, § 3-33)
(C) Any person owning, having, or keeping any animal who shall violate the provisions of this chapter, shall be liable to an action in the name of the town in any court of competent jurisdiction for the penalty imposed by and required by this chapter. Members of the Animal Control Division are authorized to cause a complaint to be filed against any person violating any of the provisions of this chapter and to cause an action to be brought against any person failing to pay any penalty required by the provisions of this chapter for the recovery of the penalty. Such action shall be cumulative and shall not be deemed as a bar to or a waiver of the right to institute any other civil or criminal proceeding for a violation of this chapter.
('71 Code, § 3-42)
(D) In discharging their duties under this chapter, members of the Animal Control Division are authorized or empowered to present probable cause before a magistrate to any persons violating this chapter. Upon probable cause being found by a magistrate or court, a criminal summons or citation may be issued against the violator, said summons or citation to be delivered by a member of the Police Department to the violator. The officer shall advise the violator of the charges against him and of the date and time he must appear in District Court.
(E) The Chief of Police shall cause the records with respect to the notice forms and the disposition of the same to be so maintained that all such forms shall be capable of being accounted for. The Town Finance Officer, or his representative, shall periodically investigate the records of the Police Department for the purpose of determining the disposition of the notice forms, and shall report the result of the investigation to the Town Manager. For the purpose of making this investigation, he shall have access to the necessary records of the department. The Finance Officer's reports to the Town Manager shall be public records.
(F) If an alleged violator of any section of this chapter does not appear in response to the notice described in division (C) at or before the day and hour named in the notice, the officer in charge of the records division of the Police Department shall send to the violator a notice informing him of the violation and warning him that he will be held responsible to appear in answer to the notice, and that in the event that the notice is disregarded for a period of five days from the date of mailing of this second notice, a complaint will be filed and a warrant of arrest issued. If a violator does not appear in response to the above described notices and citation, the Animal Control Division shall forthwith have a complaint entered against such person and secure and issue a warrant for his arrest.
('71 Code, § 3-43) (Ord. passed 9-23-75; Am. Ord. passed 9-18-95)