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(A) The purpose of the following rules is to ensure that the residents of the town may freely enjoy the public areas of the town without fear of injury inflicted by an animal that is not properly controlled by the animal’s owner or keeper.
(B) (1) It must be understood that regardless of any law, the owner or keeper of an animal is always considered to be in control of and responsible for the actions of the animal.
(2) The omission of a statement pertaining to any particular injury or damage in the following rules must not be construed as a waiver of an animal owner or keeper’s civil responsibility to never engage in an action with foreseeable harmful consequences to another person.
(Ord. 2001-1, passed 7-16-2001)
(A) (1) Copies of this subchapter will be given to the Center Township Assessor with the request that they be given to any person registering an animal for taxation purposes.
(2) The intent is to educate animal owners that these rules are a condition of keeping any animal in the town.
(B) Any law enforcement officer with jurisdiction in the town may seize and confine any animal found unleashed and off of the owner’s or keeper’s property provided the officer believes the animal poses an immediate threat to public safety.
(Ord. 2001-1, passed 7-16-2001)
Following the confinement, the following rules must be applied within three days to determine the ultimate disposition of the animal.
(A) An animal may be declared dangerous under the circumstances listed in § 90.18.
(B) A person may be declared unfit to own or keep an animal under the circumstances listed in § 90.19.
(C) Only certain people have the power to declare an animal dangerous, or a person unfit to keep or own an animal. They are listed in § 90.20.
(D) When an animal is declared dangerous, the owner or keeper must take the precautions listed in § 90.21 to protect the public from the animal.
(E) If the animal is involved in any of the situations listed in § 90.18 after the owner has been advised that the animal has been declared dangerous, the animal will be seized and either humanely killed or transferred to a person who is deemed fit to own or keep the animal. The procedure for this is described in § 90.22.
(F) When a person is declared unfit to own or harbor an animal, any animal under that person’s control will be seized and either humanely killed or transferred to a person who is deemed fit to own or keep the animal. The procedure for this is described in § 90.22.
(G) Penalties will be imposed when any incident occurs which causes an animal to be declared dangerous. These penalties are listed in § 90.99.
(Ord. 2001-1, passed 7-16-2001)
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL.
(1) An animal may be declared dangerous by any of the people listed in § 90.20 if:
(a) 1. The animal when unprovoked, in an aggressive mariner, inflicts severe injury on a person.
2. Severe injury means any injury that results in muscle tears or disfiguring lacerations, requires sutures or corrective surgery, or endangers the life of the victim in any fashion.
(b) The animal when unprovoked kills another domestic animal when off the property of the owner or keeper.
(c) The animal when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and animal are on the property of the owner or keeper of the animal.
(d) The animal, when unprovoked, on two separate occasions within the prior 36-month period, has caused severe injury to another domestic animal off the property of the owner or keeper of the animal.
(2) (a) An animal may not be declared dangerous because of any threat, injury, or damage sustained by a person who, at the time, was committing an offense upon the property of the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or has in the past been observed or reported to have teased, tormented, abused or assaulted the animal.
(b) If the allegation is made that the injured person teased, tormented, abused or assaulted the animal, corroboration of this information must be obtained from at least one witness.
(Ord. 2001-1, passed 7-16-2001)
A person may be deemed unfit to own or harbor an animal if:
(A) The person is observed to torment, abuse or assault an animal.
(B) The person engages in animal fighting contests.
(C) The person encourages or trains an animal to make unprovoked attacks on people or other domestic animals.
(D) The person fails to follow the prescribed precautions in § 90.21 while harboring a dangerous
animal.
(Ord. 2001-1, passed 7-16-2001)
Persons authorized to determine if an animal is dangerous as described in § 90.18 include the following listed below:
(A) The Animal Control Officer of the town;
(B) Any judge presiding in the county; or
(C) The Health Officer of the county.
(Ord. 2001-1, passed 7-16-2001)
(A) When not under the direct control of an adult, the animal must be contained in an enclosure.
(B) Direct control means leashed in a fashion that the animal cannot threaten people or other
domestic animals.
(C) The enclosure must be capable of preventing the animal from escaping under any foreseeable
circumstances.
(D) The enclosure must be capable of preventing entry of young children.
(E) Proof of financial responsibility must be provided either via insurance or liquid assets sufficient to cover a $25,000 injury or damage claim.
(Ord. 2001-1, passed 7-16-2001) Penalty, see § 90.99
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