(A) (1) Whenever an animal control officer or police officer determines upon incident, personal observation and investigation that an animal is a vicious/dangerous animal as defined herein, the officer shall notify the owner or any person having custody or control of the vicious or dangerous animal in writing and shall give a seven-day notice to comply with this section. Each day past the seven-day compliance allowance that the owner or keeper does not comply constitutes a separate offense.
(2) If the owner or keeper wishes to contest the compliance notice, he or she must submit a written defense to the Town Council though the Clerk/Treasurer's office within the seven-day allowance time.
(B) No person shall allow any vicious/dangerous animal to be on any private or public property, other than the animal owner's or keeper's property, unless the animal is securely muzzled and leashed or caged.
(C) Adequate safeguards shall be taken to prevent unauthorized access to a vicious/dangerous animal on the owner's or keeper's property.
(D) Any person owning or keeping an animal which has the propensity to attack without provocation or has been determined to be vicious/dangerous animal shall provide an adequate enclosure as defined herein. Each owner or keeper shall display a “Beware” sign on his or her property or premises warning that there is a dangerous animal on the premises.
(E) Any owner or keeper of a vicious/dangerous animal shall notify the Police Department and animal control immediately upon discovering that a vicious/dangerous animal has escaped and/or is at large.
(F) If any vicious/dangerous, ferocious animal found at large cannot be safely caught and impounded, the animal control or law enforcement officer shall use the force necessary up to including destruction of the animal.
(G) An animal shall not be deemed vicious/ dangerous solely because it bites, attacks or menaces:
(1) Anyone assaulting its owner or keeper;
(2) Any person or animal who has tormented or abused it;
(3) While defending its young or the young of another animal; and
(4) While defending its property from a person which the animal believes has entered its property with obvious malicious intent.
(H) This section shall not apply to any animal which is employed or owned by the Police Department or government entity or any animal which has been certified either nationally or by the state for use in law enforcement, provided that the animal is in the possession of a law enforcement officer or in the hands of the certified trainer.
(Ord. 99-715, passed 4-12-99) Penalty, see § 10.99