(A) Prohibited generally; exceptions. It shall be unlawful to own, keep or harbor a public nuisance animal within the town. Provided, however, it shall not be unlawful to own or keep a dog of vicious tendencies for the protection of persons or property, if such dog is securely confined in a manner not to expose it to the general public. This exception for dogs of vicious tendencies does not extend to dogs which excessively make disturbing noises.
(B) Complaint and notice. Upon receipt of a written detailed and signed complaint being made to the Police Department by any residence or residents that any person is maintaining a public nuisance animal as defined in this chapter, the Chief of Police or his or her authorized representative shall cause the owner of the animal or animals in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated and a written report of the findings be prepared by the investigating police officer. The Chief of Police may declare an animal to be a public nuisance.
(C) Abatement. If the written findings of the investigating officer indicate that the complaint is justified, then the Chief of Police shall cause the owner or keeper of the animal or animals in question to be so notified in writing ordered to abate such nuisance within 24 hours after notification. Failure to abate nuisance within 24 hours of notification, the Chief of Police or his or her designee will issue a citation. In the event the owner of the animal or animals is unknown and cannot be ascertained, the notice or order, along with a general description of the animal or animals shall be posted at the town hall. If any person receiving notice in the matter herein above described shall fail or refuse to abate the nuisance upon the order of the Chief of Police within the specified time, the Chief of Police may cause the animal or animals in question to be apprehended and impounded in accordance with the provisions of § 91.50 of this chapter.
(D) Right to appeal. Within the 24-hour period mentioned in division (C) above, the owner of the nuisance animal may appeal the findings of the Chief of Police to the Town Administrator by giving written notice to the Town Administrator with a copy to the Chief of Police. The appeal stays the abatement of the nuisance until a final determination by the Town Board.
(E) Redemption; destruction. If the owner of a nuisance animal shall so request, the animal or animals may be redeemed pursuant to the provisions of § 91.48 and upon the further condition that the owner execute a written agreement to comply with the abatement order. If no redemption and execution is made by the owner within the time specified under division (C) above, then the animal shall be disposed of in accordance with the provisions of § 91.51 hereunder.
(Ord. passed 7-25-2000) Penalty, see § 91.99