§ 91.02  ANIMAL NUISANCES.
   (A)   Keeping of animals. Any animal, other than a household pet, that is kept within the town limits shall be declared a nuisance, provided, however:
      (1)   The term HOUSEHOLD PET as used in this chapter shall not include goats, sheep, swine or other animals not customarily kept as family pets.
      (2)   One horse or pony may be kept within a private stable if such lot or tract contains at least two acres and one additional horse or pony may be kept for each additional one-half acre.
      (3)   Customary farm animals may be kept on a noncommercial basis when adequately housed and fenced on a parcel of land not less than 10,000 square feet in area, only when their possession does not interfere with neighbors' quiet enjoyment of their property.
      (4)   A nuisance shall exist whenever stables and buildings housing other farm animals are located closer than 100 feet of any lot line.
      (5)   Chickens, turkey, ducks, quail or other poultry are permitted on residential lots, under the following conditions:
         (a)   No more than ten hens are present at any time;
         (b)   No roosters are permitted;
         (c)   The hens are kept in a chicken coop or other similar structure, located behind the residence so that the coop or structure is not visible from the street in front of the house, and which shall include, at a minimum, a fenced enclosure, or be within a fenced yard; and
         (d)   Any other reasonable conditions imposed by the Town Council, after any neighbors have had an opportunity to express any concerns they may have to the Town Council.
   (B)   Running at large or untagged prohibited. It shall be unlawful for any owner of any dog, cat or other household pet to allow the dog, cat or other household pet to run at large within the town at any time, or without a tag containing ownership contact information.
   (C)   Confinement requirement. All owners shall confine within a building or secure enclosure every vicious animal or any dog, cat or other animal when in heat or rutting; and it shall be unlawful for any owner to remove any such dog, cat or other animal from a building or enclosure at any time so as to permit contact with another animal, except for planned breeding purposes conducted in a kennel or veterinarian's office located in a zoning district where such a use is authorized.
   (D)   Vicious animals.
      (1)   In addition to the general regulations contained in § 91.02, every person residing within the town limits who possesses a vicious animal shall do the following:
         (a)   Register the vicious animal at the Town Hall within ten days of acquiring the vicious animal, even if on a temporary basis, or within ten days of having the animal deemed vicious by the Town Marshal. In addition, the person initially registering the vicious animal shall provide a physical description of the animal, including color(s), marking(s), deformities, other identifying features, breed and sex, and shall provide an actual photograph of the animal, no smaller than 4" by 6" and no larger than 8" by 10", or an image transmitted electronically to the Town Hall. In the alternative, the person initially registering the animal may bring the animal to the Town Hall and permit town personnel to photograph the animal during the registration process.
         (b)   Continuously maintain such animal(s) within a fenced enclosure measuring at least six feet in height, adequate to securely confine such animal(s) or, when such animal(s) is removed from said fenced enclosure, be securely retained and muzzled, or kept within a cage.
         (c)   Maintain liability insurance on such animal in the minimum amount of $200,000 which would cover a bite or attack by the animal(s). A certificate of insurance for such insurance must be provided at the initial and each subsequent annual registration, and such animal's registration must be available for viewing by any police officer or town official upon the request of any such person.
         (d)   The owner of a vicious animal must place a bright yellow and red, or yellow, collar on the vicious animal which is visible at 50 feet in normal daylight, and further, shall display in a prominent place on his or her premises a clearly visible warning sign measuring no less than nine inches by 12 inches, indicating that there is a vicious animal on the premises. A similar sign is required to be posted on the pen or kennel of the animal. Both the collar and the warning signs shall be provided at the Town Hall to the owner at their actual cost, which shall be the owner's obligation to obtain and pay for.
      (2)   Persons possessing or keeping a vicious animal(s) and failing to comply with any of the requirements contained herein more than 30 days after the adoption and legal publication of the ordinance codified in this section, shall be in violation of its provision, which shall be punishable by a fine as set forth in § 10.99(B)(1)(g), and a separate violation shall be deemed to occur on each day that such a violation exists. Further, upon a second violation of this section, the owner shall immediately remove such animals(s) from within the town limits, and shall thereafter not be permitted to possess vicious animals. If the violation results in the animal causing serious bodily injury to any person, the court upon request shall order the animal forfeited and/or destroyed.
   (E)   Barking dogs. It shall be unlawful for any person to keep or harbor within the town any animal that creates a nuisance or which by loud and frequent or habitual barking, howling or yelping causes annoyance or disturbance to the neighborhood.
   (F)   Number of animals restricted. It shall be unlawful for any person to keep or harbor within the town more than three dogs and three cats beyond the age of weaning.
   (G)   Use of shelter. The Town Council may arrange for access to the service of an animal pound or shelter. The Town Council is authorized to enter into contracts for fulfillment of its duties hereunder and to make payments thereunder in amounts not to exceed monies appropriated for such purposes by the Town Council.
   (H)   Care required. No owner shall fail to provide his or her animals with sufficient food and water, protection from the weather, and reasonable care as may be necessary to prevent suffering.
   (I)   Mistreatment prohibited. No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
   (J)   Abandonment prohibited.  It shall be unlawful for any owner of any dog, cat or other animal to abandon the same within the town.
   (K)   Poisoning prohibited. It shall be unlawful for any person to throw or deposit any poisonous substance in any of the streets, alleys, parks, commons, yards or other places, whether public or private, within the town, so that the same shall be liable to be consumed by any animal; provided, that it shall not be unlawful for a person to expose on his or her own property common rat poison mixed only with vegetable substances.
   (L)   Owner responsible for animal waste. The owner of every animal shall be responsible for the prompt removal of any feces deposited by his or her animal on public areas or on the private property of another and shall not permit defecation on private property other than his or her own.
   (M)   Humane officer.
      (1)   It shall be the duty of the Town Marshal, humane officer or their designee to apprehend and kennel any dog, cat or any other animal or fowl:
         (a)   Found doing any of the following, except as herein provided:
            1.   Running at large;
            2.   Being abandoned;
            3.   Being unconfined;
            4.   Being untagged with owner identification information; or
            5.   Frequently, habitually barking; or
      (2)   It shall be a violation of this chapter to interfere with the Town Marshal, humane officer or their designee, in the performance of his or her duties.
   (N)   Disposition of animals. All dogs, cats or other animals kenneled under this chapter and not redeemed within eight hours after giving notice to the owner, or, within the time fixed by the court under § 91.02(M)(1)(d), or any dog, cat or other animal which appears to be suffering from rabies (hydrophobia), mange or other infectious or contagious disease shall be released to a Humane Society or similar organization to be disposed of by the organization in a humane manner. Any animal destroyed by a Humane Society or similar organization, that is believed to be suffering from rabies (hydrophobia), mange or other infectious disease shall be forthwith reported by the Humane Society or similar organization to the County Board of Health.
   (O)   Registration of certain household pets and restraint of dogs.
      (1)   All owners of household pets which are mammals shall annually register and tag such household pets at the Town Hall and maintain proof of such registration for each such household pet. The tag must provide information on how to contact its owner.
      (2)   It shall be a violation for the owner of a dog to allow his or her dog to stray beyond his or her property or premises, unless the dog is on a leash or other restraint device and tagged with ownership contact information. This prohibition does not require cats to be put on a leash or other restraint device, however they must be tagged with ownership contact information.
      (3)   This section shall not apply to dogs accompanied by their owners when engaged in lawful hunting activities.
      (4)   All fines from violations not filed with the court shall be paid to the town. Fines paid over $100 shall be deposited into the Leash Law Fund. This shall be a non-reverting fund. The funds transferred into this Fund may be used for the support of animal control in the town.
      (5)   Penalty, see § 10.99.
   (P)   Enforcement. See § 91.05(A).
(Ord. 2020-0716, passed 7-16-2020; Ord. 2021-0304B, passed 3-29-2021)  Penalty, see § 10.99