§ 90.05 ENFORCEMENT OFFICERS.
   (A)   There is hereby created for the municipality the office of Animal Control Officer, who shall be appointed by and shall serve at the pleasure of the Council. At the time of such appointment, the Council shall specify the compensation to be given the person appointed to such office.
   (B)   This chapter shall be enforced jointly and severally by the Animal Control Officer and the Town Police Department.
   (C)   It shall be unlawful for any person to interfere with or oppose or resist any officer engaged in the performance of duties pertaining to the enforcement of this chapter.
   (D)   Any officer enforcing this chapter, having probable cause to believe that a violation of this chapter has occurred, shall have the right to enter upon all yards within the municipality for the purpose of enforcing this chapter; provided, however, this shall not authorize such officer to enter dwellings or buildings located upon the private premises without the consent of the owner or person in control thereof.
   (E)   The officer enforcing this chapter is to take up and impound any cat or dog found to be at large without wearing a collar with both a legible owner’s identification tag and a rabies vaccination tag issued within the 12 calendar months next preceding securely attached to such collar as well as all biting and nuisance animals. All biting animals so taken up shall be impounded in the manner specified in § 90.12. All nuisance animals and any cats or dogs taken up pursuant to the provisions of this division (E) shall be impounded by the officer at an appropriate place to be selected by the officer, either within or without the corporate limits of the town. The owner or other person responsible for any cat or dog or other animal so impounded shall be responsible for any actual expenses incurred for lodging and feeding such animal. The officer shall give actual notice of the impoundment of any cat or dog to any person named on any owner identification tag affixed to any collar worn by such animal at the time the same is taken up at the address or telephone number stated on such tag, but notice of the impoundment of any other cat or dog or other animal shall be given by posting the same on the bulletin boards located at the Town Hall where notices of the meetings of the Town Council are posted. Any cat or dog or other animal so impounded may be redeemed by the owner or other person responsible for such cat or dog or other animal paying the actual expenses mentioned above and, in the case of cats and dogs, by paying for the vaccination of such cat or dog or by presenting proof of vaccination of such cat or dog within the 12 calendar months next preceding by a veterinarian licensed to practice in the state. All cats and dogs or other animals so impounded which are not so redeemed within not less than 120 hours after such notice is given in the case of cats or dogs wearing a collar to which is securely attached a legible owner’s identification tag or a rabies vaccination tag issued within the 12 calendar months next preceding, and within not less than 72 hours after such notice is so given with respect to all other cats or dogs or other animals, shall either be placed for adoption with any other person paying such actual expenses and, if necessary, the cost of vaccination required above, or destroyed by or at the direction of the officer in a manner which to such officer seems most humane.
(Ord. 2005-10, passed 12-28-2005)