A. Possession Of Potentially Dangerous Animal: Any person or persons who owns or maintains a potentially dangerous animal shall use all reasonable means at his/her disposal to restrict a potentially dangerous animal from injuring any person or other animal. The town may from time to time, impose specific restrictions regarding the housing of potentially dangerous animals.
B. Failure To Properly Confine Potentially Dangerous Animal: Any owner of any potentially dangerous animal who wilfully allows it to go at large or who fails to hold the same in the manner specified for such an animal, by Corinne City is guilty of a class C misdemeanor.
C. Possession Of Dangerous Animal:
1. Any dangerous animal while on the owner's property must be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure for a dangerous animal shall have secure sides and top and shall also provide protection from the elements for the animal. The pen or structure shall be such that the animal cannot burrow or dig under the sides of the enclosure.
2. Dangerous animals, when outside the enclosure, must be under the immediate control of a responsible adult by means of an adequate restraining device as defined herein and muzzled. The muzzle shall be made in such a manner that it will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any person or animal.
3. The town officer may take into immediate possession any dangerous animal if the officer determines:
a. That the animal is not maintained in a proper enclosure; or
b. That the animal is outside of the owner's dwelling or outside of a proper enclosure and not under physical restraint; or
c. If there are any further violations of any legal restrictions previously placed on such animal provided in this section.
D. Declaration And Disposal Of Vicious Animals: If the town officer determines, as a result of a witnessed incident, that an animal is potentially a danger or dangerous and finds that the animal is in violation of such restrictions as the town has deemed necessary for the safety of persons and/or animals in the community, the animal may be declared a vicious animal. The town may immediately take possession of the vicious animal and place said animal in a proper quarantine facility and thereafter destroy the animal in an expeditious and humane manner if the owner or custodian after having received notice of such fails to make a request in writing to the quarantine facility to delay said action.
1. It is determined that a proper holding period for any vicious animal shall be three (3) working days. In the event the owner or custodian of the vicious animal fails to request, in writing, a formal hearing within the three (3) day holding period the holding facility is authorized to destroy the vicious animal in a humane manner. The holding period shall be extended to meet state and local regulations for quarantine for animals needing rabies evaluation.
2. Any owner or custodian who files a written request shall be afforded a hearing before the Corinne City council. It shall be the responsibility of the council to determine whether the animal should be returned to the owner or custodian to be destroyed.
a. At any hearing under this subsection, the officer making the declaration of a vicious animal shall appear and testify, under oath, regarding the facts, which led to the required findings. The officer shall be subject to cross examination by the owner, custodian or authorized representative.
b. The officer may also present any additional evidence or sworn testimony supporting his/her decision. The owner or custodian of the animal may likewise present evidence or sworn testimony in support of his/her position. The hearing shall be informal, but shall be recorded.
c. The animal shelter shall not order the destruction of the animal until a decision is rendered and the Corinne City council notifies the shelter, in writing, of the decision. (Ord. 11-04, 11-1-2011)