The following prohibitions and penalties shall apply and be enforceable in the town.
(A) It shall be unlawful for any person to hinder, molest or interfere with any authorized official in the performance of any duty described in this subchapter.
(B) It shall be unlawful for any owner to allow, suffer or permit an animal to be at large within the town.
(C) It shall be unlawful for the owner of any animal to permit said animal to be a public nuisance within the town. Furthermore, it shall be unlawful for any owner of any animal to recklessly or carelessly fail to exercise care and control over said animal in such a way that the animal is a public nuisance.
(D) It shall be unlawful for any person to own, keep or harbor a dangerous dog or wild animal within the town except for during limited special events of a limited duration including, but not limited to, the town’s 4-H fair and other fairground events, provided that this section shall not apply to animals under the control of a law enforcement or military agency. For the purposes of this subchapter, an animal may be declared dangerous by the Department of Animal Services.
(E) Any potentially-dangerous dog found at large or not confined as required by this subchapter may be captured and impounded and shall be returned to its owner only if the enforcement authority, in its discretion, determines that such return will not result in further or ongoing violations of this subchapter. If such determination cannot be made or if the dog’s actions have caused serious injury, then the enforcement officer shall apply to a court of competent jurisdiction for an order to dispose of the animal.
(F) Every person responsible for a potentially- dangerous dog shall:
(1) Obtain and maintain a secure enclosure in which to confine the dog; said person must have posted on the premises at each entry point a clearly- visible warning sign which reads “Beware of Dog” in letters not less than two inches high to inform both children and adults of the presence of a dangerous dog on the property;
(2) In order to protect the public and to afford relief from the severe harm and injury which is likely to result from a dog attack, the owner of a dangerous dog shall obtain and maintain insurance in the minimum amount of $50,000 to provide for insurance against a liability for damages to persons and property caused by the dangerous dog. Insurance shall be provided by an insurance company authorized to do business in the state, and the owner shall file a certificate of insurance with the Department of Animal Services;
(3) A potentially-dangerous dog must not be outside a proper enclosure unless the dog is muzzled, securely restrained by a leash of not more than six feet in length and under the control of the owner or a competent custodian 18 years of age or older. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration but which will prevent it from biting any human or animal. The owner may exercise the dog outside of its primary enclosure without a muzzle or leash only if the dog remains on the owner’s property within the secured perimeter fence and only if the dog remains within the owner’s sight and control at all times, and only members of the owner’s immediate household or persons 18 years of age or older are allowed within the perimeter fence while the dog is present. When being transported, such dog must be safely and securely restrained within a vehicle;
(4) No potentially-dangerous dog shall be chained, tethered or otherwise tied to any inanimate object such as a tree, post or building which is outside of its proper enclosure while unattended by the owner or a competent custodian;
(5) The owner of a potentially-dangerous animal shall consent to periodic inspections by the Department of Animal Services;
(6) The owner of any potentially-dangerous dog shall have such dog permanently identified, at the owner’s expense, by means of a microchip, and the owner of any potentially-dangerous dog shall provide the Department of Animal Services with a color photograph of the dog taken within the last 12 months which is suitable for use in identifying the dog; and
(7) Any potentially-dangerous dog which has escaped from its fenced enclosure may be impounded by the Department of Animal Services whether or not it has been returned to its enclosure at the time of impoundment. If impounded pursuant to this division (F), the animal shall not be returned to a person responsible for it.
(Ord. 2011-2, passed 5-3-2011) Penalty, see § 92.99