(A) Whenever a dog bites any person the incident shall be reported to the Town Police Department immediately by any person having direct knowledge. It shall be unlawful for any animal to bite or attack any person or domestic animal. It is no defense that the animal is chained or confined if the chaining or confining is on public or private property where the public has access to be on such property. The owner or custodian of any animal is in violation of this section regardless of the precautions taken to prevent the bite or attack and regardless of the lack of knowledge of the offence at the time it occurs.
(B) It is unlawful for any person to keep, own, harbor, or have the control of any fierce or dangerous animal in the town limits. It is prima facia evidence that an animal is a fierce or dangerous animal if it bites or attacks a person or domestic animal.
(C) Any dog that bites any person shall be quarantined and impounded or, at the request of and at the expense of the owner, placed in a veterinary hospital for a period of not less than seven days. The owner of any dog that has bitten a person may voluntarily deliver the dog to the Police Department at the pound; otherwise, there shall be an assessment against the owner if the Police Department must pick up the dog. If the dog is impounded in the pound for observation as a result of a dog bite incident, there shall be a per day charge for board, and no other impoundment fees shall be charged under these circumstances. Any dog that is impounded shall, at the expense of the owner, be chipped before release.
(D) If it is determined that the dog is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the Police Department to destroy such dog in as humane a manner as is reasonably possible. If at the end of the quarantine or impoundment, a veterinarian is convinced that the dog is free from such diseases, the dog shall be released. If the dog dies during the period of quarantine or impoundment, its head shall be sent to the State Department of Health for examination.
(E) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MENACING DOG. Upon any complaint of a menacing dog the owner shall receive a warning to keep the dog contained. Upon a second complaint a citation shall be issued to the owner and the dog shall at the expense of the owner, be chipped. Upon a third complaint of a menacing dog it will be considered a fierce or dangerous animal and shall be removed from the town limits.
(1974 Code, § 6-3-5) (Ord. 14-001, passed 7-8-2014) Penalty, see §
94.999