§ 90.17 OWNER RESPONSIBILITY.
   (A)   General.
      (1)   All dogs and cats shall be kept under restraint.
      (2)   Every dangerous dog or cat, as defined in § 90.15 of this code, shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
      (3)   No dog or cat shall be allowed to cause a nuisance. The owner of every dog or cat shall be held responsible for every behavior of such dog or cat under the provisions of this subchapter.
   (B)   Dogs and cats running at large. It shall be unlawful for any person owning or possessing any dog or cat to permit the same to run at large. A dog or cat shall not be considered running at large if it is on a leash or under the control of a person physically able to control it, however, no dog or cat shall be permitted in any cemetery.
   (C)   Keeping barking dogs and crying cats.
      (1)   Harboring. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood in such a manner as to materially annoy persons in the neighborhood who are of ordinary sensibilities. The time of day of the barking, length of time of barking or crying and intervals of each shall be relevant in determining whether or not a violation has occurred.
      (2)   Petitions complaining of barking dogs or crying cats. Whenever any person shall complain to the Police Department or animal control officer that a dog habitually barks, howls or yelps, or a cat habitually cries and is being kept by any person within the town, the Police Department or animal control officer shall notify the owner of said dog or cat that a complaint has been received, and the person should take whatever steps necessary to relieve the barking, howling, yelping or crying noise from the animal. If the warning given to the person as set forth above is ineffective, then a verified complaint can be filed by the entity that has noticed, based upon the observations, or based upon a complaint in writing of at least two citizens not from the same family being presented to the Police Department or animal control officer alleging that a dog habitually barks, howls or yelps, or a cat habitually cries and is being kept within the town. The Police Department or animal control officer shall inform the owner of said animal that the petition has been received and shall cite the owner of the animal for a violation alleged in said petition, pursuant to this subchapter, cited into the Town Court.
   (D)   Vaccination.
      (1)   It shall be unlawful to maintain or harbor a dog or cat unless it shall have been inoculated as stated in § 90.16 of this code.
      (2)   It shall be the duty of each dog or cat owner to have such dog or cat inoculated with an anti-rabic vaccine or any similar vaccine by a veterinarian as required to keep the animal properly vaccinated from rabies.
         (a)   Dogs or cats under four months of age are not required to be vaccinated.
         (b)   Any dog or cat for which a licensed veterinarian issues a certificate to the effect that the proposed inoculation will be harmful shall be exempt from the inoculation prescribed by this section.
   (E)   Identification. Dog and cat owners shall ensure that their dog or cat carries identification at all times in the form of microchip, tag or other means to allow easy determination of the owners.
   (F)   Protecting livestock. Livestock guarding dogs shall be exempt from nuisance regulations when performing duties protecting livestock on premises owned or controlled by the owner.
(Ord. 1, 2009, passed 5-5-2009) Penalty, see § 90.99