(A) Declaration of nuisance.
(1) As defined in § 94.01, and/or, the running at large of any dog, especially one having dangerous or destructive propensities indicated by the turning over of garbage receptacles, the destruction of shrubs, flowers, grass and other plant growth, the destruction of other property or the killing of other animals or the attacking of persons or other similar acts is hereby declared to be a public nuisance, and shall be abated as provided in this section.
(2) Any person keeping, within the corporate limits of the town, one or more dogs which by prolonged and habitual barking, howling or whining cause serious annoyance to neighboring residents and interfere with the reasonable use and enjoyment of the premises occupied by such residents shall be guilty of maintaining a nuisance.
(B) Complaint; notice. Upon written, detailed and signed complaint being made to the Animal Control Division or Police Department by any resident that any person is maintaining a public nuisance as described in division (A) hereof, the Chief of Police shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing by the investigating officer.
(C) Abatement. If the written findings of the investigating officer indicate that the complaint is justified then the Chief of Police shall cause the owner or keeper of the dog in question to be so notified in writing and ordered to abate such nuisance within 48 hours by destruction or removal of such dog, or by penning, fence or otherwise restraining such dog from running at large at any time. In the event the owner or keeper of the dog is unknown and cannot be ascertained, such notice and order, along with a general description of the dog, shall be posted for 48 hours at the Town Hall.
(D) Failure to abate–impoundment; destruction. If any owner or keeper of a dog hereinabove described shall fail or refuse to abate such nuisance upon order of the Chief of Police within the specified time, the Chief of Police shall cause the dog in question to be apprehended and impounded in a suitable place, and the owner or keeper shall be notified in writing of such impoundment. If the owner or keeper shall so request, the dog shall be released to him upon his execution of a written agreement comply with the abatement order. If no such request and execution is made by the owner or keeper within five days after written notice, the Chief of Police shall cause such dog to be destroyed. In the event the owner or keeper of such dog is unknown, the Chief of Police shall cause apprehension and impoundment to be carried out if no one claims such dog within 48 hours after the notice, order and description were posted and shall cause a notice of impoundment, along with a general description of the dog, to be posted for five days at the Town Hall. If no request for release of the dog and execution of agreement to comply with the order and abatement respecting the dog is made within the five-day period the Chief of Police shall cause the dog to be destroyed.
(E) Same–misdemeanor. If any owner or keeper of a dog for which an order of abatement has been issued shall fail or refuse to abate the nuisance as ordered, he shall be guilty of a misdemeanor.
(F) Alternate remedy. This section shall be construed as an alternate remedy for the abatement of a nuisance and shall not be construed to limit other sections of this chapter.