(A) No person shall own, keep, have charge of or in any way maintain or harbor within the town any animal which is vicious or dangerous as described in §§ 90.01 et seq., or that has attacked or injured any person without provocation. This section shall not apply to any animal that attacks any person or animal which is unlawfully upon its owner’s or keeper’s premises or complied with division (C) below.
(B) Any person witnessing an animal attacking a human being, shall notify the rabies control officer of the County Health Department. Whenever the animal control officer has determined that an animal has bitten or attacked a person, the animal control officer shall promptly notify the County Health Department of the bite or attack and shall cooperate with the Health Department in its impounding and quarantining the animal. No impoundment facility maintained by the town, under contract to the town and/or designated by the town shall be required to impound an animal known to have bitten a human being and suspected of having rabies.
(C) If the animal control officer determines that an animal has dangerous propensities or is a nuisance as defined in §§ 90.30 et seq., or that it has attacked someone either:
(1) Without provocation; or
(2) Without causing serious bodily harm, the animal control officer shall notify the owner or keeper by serving a written notice upon such person to confine the animal to the owner’s or keeper’s premises within five days of the notice in a securely enclosed and locked pen. The pen must have all sides six feet high or a secure top. If the pen has no bottom secured to the sides, the sides must be embedded into the ground at least one foot deep. The premises must be clearly posted giving notice that a dangerous animal is kept on the property. Failure to comply within the five-day period shall be cause to seize and dispose of the animal as set forth in division (D) below.
(D) If the animal control officer determines there has been a violation of division (C) above, then the animal control officer shall notify the owner or keeper immediately in writing, if the owner or keeper is known. The owner or keeper shall turn the animal over to the animal control officer immediately after the notification or relocate the animal by giving the animal to an individual or organization not within the limits of the town, subject to protective and inspection conditions required by the contract and/or designated enforcement agency, for the well-being of the animal and the protection of the public. If the owner or keeper fails to promptly relocate or surrender the animal, such person may be arrested for a violation of this section and the animal may be seized pending trial. Upon final determination or conviction, the Animal Shelter may dispose of the animal by:
(1) The humane destruction of the animal; or
(2) By giving the animal to an individual or organization not within the limits of the town, subject to protective and inspection conditions required by the contract and/or designated enforcement agency, for the well-being of the animal and the protection of the public. An animal declared to be a vicious or dangerous animal shall not be disposed of for research or experimental purposes.
(E) This section does not apply to animals of licensed security companies on patrol in a confined area or animals used for law enforcement purposes by law enforcement officers.
(Ord. 16-08, passed 4-4-16; Am. Ord. 16-22, passed 9-6-16)