(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
DANGEROUS DOG. A dog that:
(a) Without provocation has killed, or inflicted severe injury, on a person;
(b) Is determined by the person, or board designated by the Town Council, to be potentially dangerous because the dog has engaged in one, or more, of the behaviors listed in the definition of
POTENTIALLY DANGEROUS DOG below; or
(c) Any dog owned, or harbored, primarily, or in part, for the purpose of dog fighting, or any dog trained for dog fighting.
POTENTIALLY DANGEROUS DOG. A dog that the person, or board designated by the Town Council, determines to have:
(a) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations, or required cosmetic surgery or hospitalization;
(b) Killed, or inflicted severe injury upon, a domestic animal when not on the owner’s real property; or
(c) Approached a person when not on the owner’s property in a vicious, or terrorizing, manner in an apparent attitude of attack.
OWNER. Any person, or legal entity, that has a possessory property right in a dog.
OWNER’S REAL PROPERTY. Any real property owned, or leased, by the owner of the dog, but does not include any public right-of-way, or a common area of a condominium, apartment complex, or townhouse development.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations, or requires cosmetic surgery or hospitalization.
(B) The provisions of this section do not apply to:
(1) A dog being used by a law enforcement officer to carry out the law enforcement officer’s official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury, or damage, inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage, or injury, was to a species, or type, of domestic animal appropriate to the work of the dog; or
(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass, or other tort, was tormenting, abusing, or assaulting the dog, and tormented, abused, or assaulted the dog, or was committing, or attempting to commit, a crime.
(C) The Town Council shall designate a person, or a board, to be responsible for determining when a dog is a potentially dangerous dog, dangerous dog, or vicious dog, and shall designate a separate board to hear any appeal. The person, or board, making the determination that a dog is a potentially dangerous dog, dangerous dog, or vicious dog must notify the owner, in writing, giving the reasons for the determination, before the dog may be considered potentially dangerous under this article. The owner may appeal the determination by filing written objections with the appellate board within three days. The appellate board shall schedule a hearing within ten days of the filing of the objections. Any appeal from the final decision of such appellate board shall be taken to the superior court by filing notice of appeal, and a petition for review within ten days of the final decision of the appellate board. Appeals from rulings of the appellate board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate board, whose ruling is being appealed, is located.
(Ord. 23-94, passed 10-3-1994; Ord. 17-2008, passed 7-7-2008)