(A) Hearing to determine vicious animal. The Municipal Judge, in addition to any hearings that may be required on criminal charges, shall hold a hearing within ten days of the date of impoundment to determine if the animal is vicious as defined by this chapter. Said hearing may be held in conjunction with any criminal proceedings if so ordered by the Judge, but in no event shall this delay the hearing on determination of viciousness.
(B) Authority of judge; possible determinations. The Municipal Judge shall be empowered to make one of the following determinations as a result of said hearing:
(1) That the animal is in fact not vicious, in which event the town shall cause it to be surrendered to the owner of the animal, upon payment by the owner of the expenses outlined in § 93.13;
(2) That the animal is in fact vicious and should be destroyed;
(3) That the animal is “potentially vicious” but that for good cause shown, the animal should not be destroyed, in which event the Judge shall order that the owner be allowed to maintain the potentially vicious animal within the corporate limits of the town under the following conditions:
(b) Leash and muzzle. No person shall permit an animal covered by this section to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit said animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a physically capable person is in physical control of the leash. Such animal may not be leashed to inanimate objects such as trees, posts, buildings and the like. In addition, all animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(c) Confinement.
1. Requirement: all animals covered by this section shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed or muzzled as provided in division (B)(3)(b) above. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine said animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be imbedded in the ground no less than two feet. All structures erected to house said animals must comply with all zoning and building regulations of the town. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
2. Indoors: no animal covered by this section may be kept on a porch, patio or in a part of the house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure.
(d) Signs. All owners, keepers or harborers of animals covered by this section within the town shall display in a prominent place on their premises a sign easily readable by the public using the words, “Beware Of Potentially Vicious Animal.” In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(e) Insurance. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, provide to the Town Clerk-Treasurer proof of public liability insurance in a single incident amount of $100,000 for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days’ written notice is first given to the town by the owner, keeper or harborers.
(f) Right to appeal. Any owner whose animal is adjudged to be vicious at the hearing, and sentence imposed by the Municipal Judge pursuant to this section, upon written demand, may appeal the Judge’s decision within ten days to the district court of the county where a trial in the district court shall be accorded them de novo (an entirely new trial). All such appeals shall comply with the procedures of the Town Municipal Court.
(g) Identification photographs. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, provide to the Town Clerk-Treasurer two color photographs of the potentially vicious animal clearly showing the color and approximate size of the animal. Said photographs shall be no smaller than three inches by five inches in size.
(h) Electronic identification tag. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, have an electronic identification chip installed on the animal. The chip shall be installed by a veterinarian licensed in the state and shall be readable with the use of an industry standard universal reader.
(i) Reporting requirements. All owners, keepers or harborers of potentially vicious animals must, within 30 days of the incident, report the following information in writing to the Town Clerk-Treasurer as required hereinafter:
1. The removal from the town or death of a potentially vicious animal;
2. The birth of offspring of a potentially vicious animal; and
3. The new address of a potentially vicious animal should the animal be moved to a different location within the town.
(j) Sale or transfer of ownership. No person shall sell, barter or in any other way dispose of a potentially vicious animal within the town to any person within the town unless the recipient personally resides permanently in the same household and on the same premises as the owner of such animal; provided, that the registered owner of a potentially vicious animal may sell or otherwise dispose of a potentially vicious animal or the offspring of such animal to persons who do not reside within the town.
(k) Breeding of potentially vicious animals. It shall be unlawful to breed any potentially vicious animal within the town.
(l) Animals born of registered dogs. All offspring born of potentially vicious animals registered within the town must be removed from the town within six weeks of the birth of such animal.
(m) Sterilization. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, have the potentially vicious animal sterilized. Sterilization shall be performed by a veterinarian licensed in the state.
(n) Annual registration; fee.
1. All potentially vicious animals shall be registered by the owner with the Town Clerk-Treasurer within 30 days of notification by the Town Clerk-Treasurer that the animal has been declared potentially vicious. A potentially vicious animal shall not be registered by the Town Clerk-Treasurer if the requirements of this chapter are not complied with at the time of application.
2. The annual registration fee shall initially be established at $100. Said registration fee shall thereafter be established by resolution of the Town Board.
(o) Failure to comply.
1. It shall be unlawful for the owner, keeper or harborer of a potentially vicious animal in the town to fail to comply with the requirements and conditions set forth in this chapter.
2. Any potentially vicious animal found to be the subject of a violation of this chapter shall be subject to immediate seizure and impoundment.
3. All expenses associated with the impounding, including shelter, food, handling and veterinary care, shall be borne by the owner of such animal during the period of impoundment.
4. Failure to comply with all the requirements and conditions set forth in this chapter within 15 days of impoundment will result in the destruction of this animal.
(Prior Code, § 5-6-17) (Ord. passed 2- -2011) Penalty, see § 93.99