The Board of Trustees has found, determined and declared that those actions of dogs, as set forth below herein, divisions (A) through (J) below are detrimental to the public health, safety and welfare of the inhabitants of the town. Acknowledging the strict liability standard as to the provisions of this subchapter, as set forth in § 90.025 of this chapter, any owner, possessor or keeper of any dog which violates the provisions of this section, and the following divisions (A) through (J), shall be subject to fines and penalties set forth in § 90.999 of this chapter, as well as any other remedy allowed by this subchapter:
(A) Run at large in the town unless said dog is under reasonable control of the owner. For the purpose of this section, a dog shall be deemed under such reasonable control when said dog is accompanied by its owner, or, some member of the owner’s family or with some employee or agent of the owner, with the dog attached to a leash. For the purposes of this section, a dog shall be deemed not under reasonable control when:
(1) Said dog inflicts damage or injury (by biting, jumping upon, pollution of vegetation or by any other means whatsoever) to the person or property of anyone other than the owner, except in the defense of the owner, his or her family or property; and
(2) In the case of any unspayed female dog not securely confined in the owner’s yard, pen or other enclosure.
(B) Go upon school premises without the permission of the person in charge thereof;
(C) Bark, whine, howl or make other noise in a manner which, under non-mitigating circumstances, could be considered by reasonable persons of ordinary sensibilities, as excessive or continuous;
(D) Attract other animals and cause them to congregate or remain on or about any premises because of being a female in heat and because of the nature of its confinement or lack of the same;
(E) Damage public property or private property not owned by the dog owner;
(F) Be abandoned;
(G) Be tied or otherwise physically fastened to any object on public property when the owner has departed from the immediate vicinity of the location where the animal has been physically fastened; or be tied or otherwise physically fastened on private property so as to create an immediate danger to the physical well-being of the animal or any person;
(H) Be on premises open to the public where food or beverages are prepared, stored or sold; however, this division (H) does not apply to seeing-eye dogs, dogs trained as ears for the deaf or other defined service dogs and in such premises for such purposes at the time;
(I) Be found unleashed in a public park; provided, however, this division (I) does not apply to seeing-eye dogs, government owned animals or animals participating in shows or exhibits authorized by the Board of Trustees; and
(J) Defecate upon public property or private property not owned by the owner and such excreta is not immediately removed by the owner at that time.
(Prior Code, § 531.2) (Ord. 398, passed 6-6-1996; Ord. 473, passed 6-6-2002; Ord. 520, passed 9-6-2007; Ord. 576, passed 7-10-2014; Ord. 580, passed 2-5-2015) Penalty, see § 90.999