Loading...
§ 90.29 VICIOUS DOGS TO BE KILLED.
   (A)   (1)   Whenever affidavits shall be made before the Town Judge that any dog has bitten a person in the town, and the person so bitten was not, at the time, the possessor of the said dog, the Town Judge shall issue and order directing the owner of said dog to appear before the Town Judge at a time not less than 24 hours after the issuance of said order to show cause why said dog should not be killed.
      (2)   After hearing upon said order to show cause if the Town Judge finds that said dog did in fact bite another person as alleged in the affidavit, the Town Judge shall issue an order directing the owner or possessor of said dog to kill it within 24 hours after receiving such order, subject, however, to the provisions of division (B) below. The owner or possessor who shall refuse or neglect to kill said dog within 24 hours after receiving such order to dispose of said animal shall be guilty of violating this subchapter, and it shall be the duty of the poundmaster forthwith to kill or destroy said dog.
   (B)   Upon issuance of the order to show cause, the Town Judge shall direct the Police Department to capture said dog and impound it at the expense of the owner, pending the hearing on said order to show cause. In the event, any physician shall indicate to the Town Judge that there is a possibility or probability that the dog is suffering from rabies, then in such event the execution of any order for destruction of said animal shall be delayed by the Town Judge for such period as the Town Judge deems advisable for the purpose of ascertaining if said animal is suffering from rabies. During any period that said dog is so impounded on order of the Town Judge, the owner shall be liable to the town for the cost of the care of said animal while impounded. In issuing said order to show cause, the Town Judge shall set bond of the owner of said animal in an amount sufficient to cover the anticipated cost of impounding and keeping said animal.
(Prior Code, § 8.02.150)
§ 90.30 DOG KENNELS.
   (A)   Each owner or keeper of five or more adult dogs within the limits of the town shall be required to obtain a kennel license from the Town Treasurer. Such owner or keeper shall pay for such license the sum of $500.
   (B)   As used in this section, unless the context otherwise indicates, ADULT shall be intended to mean any dog more than six months old.
   (C)   Each owner required to obtain a kennel license shall provide a fenced yard for the dogs. Said fence shall comply with all the regulations regarding fences contained in § 155.055 of this code of ordinances.
   (D)   Each owner required to obtain a kennel license shall provide the Town Clerk with a certificate executed by a doctor of veterinary medicine stating that the dogs in the kennel are in good health and that they have received all necessary vaccinations. Thereafter, a similar certificate executed by a Doctor of Veterinary Medicine shall be provided to the Town Clerk at least annually.
(Prior Code, § 8.02.170)
§ 90.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person violating any of the provisions of § 90.04 of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25 or more than $100, or imprisonment not to exceed 30 days, or both such fine and imprisonment in the discretion of the court, and in default of payment of such fine, he or she shall be committed to the town jail one day for each $10 of such fine.
(Prior Code, § 8.06.050)
   (C)   (1)   Any person violating a provision of § 90.05(A) through (E) of this chapter shall, upon complaint and conviction, be punished as follows:
         (a)   Upon first offense, by a fine of not more than $75;
         (b)   Upon a second or subsequent offense, by a fine of not more than $150; and
         (c)   Upon a third or subsequent offense, by a fine of not more than $300.
(Prior Code, § 8.08.040)
      (2)   Any person violating a provision of § 90.05(F) of this chapter shall, upon complaint and conviction thereof, be punished by a fine of not more than $500.
(Prior Code, § 8.08.050)
   (D)   Any person violating a provision of §§ 90.20 through 90.30 of this chapter shall, upon complaint and conviction thereof, be punished as follows:
      (1)   Upon a first offense, by a fine of not more than $300 or imprisonment in the county jail for any term not to exceed six months, or both such fine and imprisonment;
      (2)   Upon a second offense, by a fine of not more than $400 or imprisonment in the county jail for any term not to exceed six months, or both such fine and imprisonment; and
      (3)   Upon a third or subsequent offense, by a fine of not more than $500 or by imprisonment in the county jail for any term not more than six months, or by both such fine and imprisonment.
(Prior Code, § 8.02.160)
(Ord. 76, passed - -; Ord. 86, passed - -)