§ 90.02 ANIMAL REGULATIONS.
   (A)   It is unlawful for any dog or cat owner to keep a dog or cat within the town without complying with the licensing provisions of this chapter.
   (B)   It is unlawful for any dog or cat owner to knowingly permit a tag evidencing licensing and rabies inoculation for one dog or cat to be affixed to the collar or harness of another dog or cat.
   (C)   It is unlawful for any owner’s animal to run at large within the town.
   (D)   It is unlawful to harbor or keep a dangerous or vicious dog, or any dangerous species of animal within the town. Violation of harboring a dangerous or vicious dog shall be penalized as provided in § 90.08 of this chapter.
   (E)   It shall be unlawful for any person to own, harbor or keep more than a total of three dogs or cats or a combination thereof within the town, except for litters below the age of four months. Exception: any person who, on the effective date of this chapter, owns more licensed cats and/or dogs than allowed under this division (E) may continue to own and keep such licensed cats or dogs regardless of the number restrictions in this division (E). However, the person may not replace any such cat or dog that dies or is otherwise permanently removed from such person’s household if the replacement would cause the total number of dogs and cats to exceed the limitations of this division (E).
   (F)   It is unlawful for any person owning or harboring an animal to fail to exercise proper care and control of any animal to prevent it from becoming a public nuisance. For the purpose of this section, a PUBLIC NUISANCE includes an animal which is a safety or health hazard, damages or destroys the property of another, creates offensive odors or other unsanitary condition or otherwise causes harm, disturbance or undue annoyance to the health, welfare or safety of another person or the public in general.
   (G)   (1)   It is unlawful to keep or harbor any animal which by frequent, habitual and continued barking, yelping, howling or other unreasonable noise causes annoyance or disturbs the peace of a neighbor or to people passing to and from upon the public streets or sidewalks, and the same is declared to be a public nuisance and a violation of this chapter.
      (2)   The Animal Control Officer shall have the authority to use all reasonable means to abate such nuisance.
      (3)   The Animal Control Officer shall attempt to locate and notify an absent owner of such nuisance by any reasonable means as readily as possible. No summons and complaint shall be issued, nor shall there be a conviction for violation of this division (G) unless there are a least two or more complaining witnesses from separate households who signed such complaint and have testified at trial if held.
      (4)   An Animal Control Officer who has personally investigated the complaint of a single complainant and observed the behavior of the animal complained of: with regard to its frequent, habitual and continued barking, yelping, howling or other unreasonable noise may satisfy the requirement for the second complaining witness and may testify to his or her observations at trial.
   (H)   It shall be unlawful for any person to import, offer for sale, keep, maintain, harbor or permit within the town any poisonous or constricting snake or poisonous reptile or any animal other than a domestic animal as provided for in this chapter.
(Ord. 2023-3, Series 2023, passed 3-6-2023) Penalty, see § 90.99