(A) It shall be unlawful within the town for any dog owner/keeper or other person with custody and control of a dog to:
(1) Allow his or her dog to run at large off the property owned, rented or controlled by him or her or allow his or her dog to run at large at any time with the following exceptions:
(a) Dog owner/keeper or other person with custody and control may allow his or her dog to run at large on the beach area and RC-1 from 5:00 a.m. to 10:00 a.m. May 1 through September 30 and from 5:00 a.m. to 12:00 noon October 1 through April 30; this would not include walkways or access paths and owner/keeper or other person must have a leash in hand not to exceed ten feet in length;
(b) No dogs may be allowed on the beach area, RC-1, adjacent waters, beach paths or access points from 10:00 a.m. and 6:00 p.m. from May 1 through September 30; and
(c) Dog owner/keeper or other person with custody and control may allow his or her dog on the beach, beach paths, RC-1 and adjacent water if the dog is attached to a leash, which is in the owner’s hands, and is never longer than ten feet, from 6:00 p.m. to 5:00 a.m. from May 1 through September 30 and from 12:00 noon to 5:00 a.m. from October 1 through April 30. Dogs on leash as described here are also permitted on the beach, beach paths, RC-1 and adjacent water when dogs are permitted to be off-leash in those locations;
(2) Keep a vicious or unruly dog unless restrained by a fence, chain or other means so that such dog cannot reach persons not on land owned, leased or controlled by him or her. A VICIOUS DOG shall be construed to mean any dog evidencing an abnormal inclination to attack persons or animals without provocation;
(3) Allow a female dog to run at large during estrus or the heat period;
(4) Release or take out of quarantine without proper authority any dog, or resist the town’s pound personnel or police officers engaging in the capture and quarantine of a dog;
(5) Keep a dog or dogs which bark habitually or continuously so as to constitute an annoyance to the neighborhood;
(6) Bring or keep within the town any dog which has not been inoculated against rabies within the recognized period of immunity for such inoculations;
(7) Wrongfully remove the badge from a dog registered as required in § 90.17;
(8) Own, keep, harbor, or allow a dog within the town without a written permit/badge from the Town Clerk as provided in § 90.17;
(9) Keep within the town any dog found by the Municipal Judge to have bitten any person without justification;
(10) Allow a dog to disturb nesting sea turtles, turtle nests or turtle hatchlings; and/or
(11) Allow a dog to enter a designated critical habitat area unless the signs marking the critical habitat area permit pets, and unless the dog has a chain, substantial thong or lease attached which is in the hand of some responsible person.
(B) The owner/keeper or other person with custody and control of a dog shall immediately collect, remove and dispose of all excrement deposited by such animal on any beach, public property, street, right-of-way, sidewalk, public way, playground, or upon private property owned by others. The owner or custodian shall place the excrement in a plastic bag or other suitable container and deposit the collection in an approved waste receptacle. The owner/keeper, other person or custodian shall have in hand at all times a plastic bag or suitable container.
(Prior Code, § 3-8) (Ord. passed 5-19-1980; Ord. passed 1-27-1992; Ord. passed 6-15-2004; Ord. passed 11-16-2004; Ord. passed 2-15-2005; Ord. passed 12-20-2005; Ord. passed 11-17-2009) Penalty, see § 90.99