Ownership of an aggressive dog as defined herein, is prohibited except under the conditions set forth in A. below.
A. The Town Chief of Police, or his deputy, in order to protect the public from an aggressive dog, shall have the authority to take and impound a suspected aggressive dog pending a hearing in Municipal Court at the next regular Court Day.
B. A dog owner or one who harbors a dog, as defined herein, is guilty of ownership of an aggressive dog if he or she owns or harbors a dog which engages in any of the following conduct within the Town of Simla:
1. The dog approaches any person or persons, without provocation, in a menacing and threatening manner, whether or not an attack by the dog upon the person or persons actually occurred.
2. The dog, in an attacking, menacing, or threatening manner encroaches over, through, or under a fence onto public property or the private property of another.
3. The dog inflicts a dog bite, or a puncture wound, abrasion, or other wound caused by the aggressive dog's teeth upon a person or a domestic animal in which the injury does not meet the definition of bodily injury or serious bodily injury.
C. Upon conviction of owning an aggressive dog, and upon consideration of all relevant factors, including the known past history of the aggressive dog, the Municipal Court Judge, in addition to considering all other penalties available under this chapter shall have the following additional options:
1. To order, that when the dog is leashed, the owner may not use an extension style leash or leash the dog to any permanent inanimate object. Rather the dog shall be in a secure fenced area or be on a short leash under the constant supervision and surveillance of the owner.
2. The owner shall successfully complete a court approved animal obedience training, behavior modification, pet management class, and/or any other treatment program that the Court may deem to be appropriate. The owner shall bear the entire cost of all programs, classes, or training.
3. The owner shall, at the owner's expense, have the animal spayed or neutered and shall provide written proof from a licensed veterinarian to the Simla Chief of Police that the sterilization has been performed.
4. To order, within ten (10) days of the conviction, to obtain and present to the Simla Chief of Police that the owner has procured a homeowner's or renter's liability insurance policy, or a rider to an existing policy, in the minimum amount of one hundred thousand dollars ($100,000.00) to specifically cover any future damage or injury that may be caused by the subject's dangerous dog during the period of court ordered supervision, such supervision to be no less than one (1) year from the date of conviction. During the period of supervision, the owner shall provide written proof on a quarterly basis of the necessary coverage.
5. To order removal of the aggressive dog from the Town of Simla.
D. It shall be an affirmative defense to the charge of ownership of an aggressive dog, if the aggressive dog, while confined to the aggressive dog owner's property, is aggressive to a person or domestic animal that is on the aggressive dog owner's property for the purpose of attempting or committing a criminal offense against the aggressive dog owner or the aggressive dog owner's property, or if the aggressive dog, while on the aggressive dog owner's property is tormented, provoked, abused, or inflicted injury upon, in such a manner as to result in the dog being made aggressive.
(Ord. 333, 1-10-2023)