(A) It shall be unlawful within the town for any person by any act or omission to intentionally or knowingly ill treat any dog or animal. Evidence that a person with custody or control of a dog or animal has intentionally or knowingly deprived the dog or animal of necessary sustenance or shelter or inflicted unnecessary pain or suffering upon the dog or animal shall be prima facie evidence of a violation of this section.
(B) It shall be unlawful within the town for any person to intentionally, knowingly, or recklessly cause a dog or animal to be unattended and confined in a vehicle whereby physical injury to or death of the dog or animal is likely to result. Evidence that the dog or animal is within a vehicle without adequate ventilation when the atmospheric temperature, humidity, or sun rays can reasonably be expected to cause suffering, disability, or death to the dog or animal or evidence that the dog or animal is suffering from heat stress shall be prima facie evidence of a violation of this section.
(1) Authorized town personnel may use reasonable force to break and enter a vehicle to remove and seize a dog or animal where there is a good faith belief that physical injury to or death of the dog or animal is likely to result unless removed from the vehicle. The authorized town personnel shall take reasonable steps to locate, identify, and notify the owner or custodian of the dog or animal of the removal and seizure and location to which the dog or animal is taken. If the dog or animal is removed and seized from a vehicle pursuant to this subsection and the owner or custodian of the animal is not present when the animal is seized and removed, the authorized town personnel shall make a reasonable attempt to secure the vehicle and shall leave a written notice giving their name and position and the address where the animal is to be taken. The vehicle may be removed and impounded by a police officer. In the event a vehicle is impounded pursuant to this subsection, a police officer shall inventory the contents of the vehicle and the owner and operator of the vehicle shall be jointly and severally responsible for any and all costs and expenses involved in towing and impounding the vehicle. Neither the town, the authorized town personnel, nor any police officer involved in removing the dog or animal shall be liable for any resulting damage to the vehicle or its contents.
(2) A dog or animal removed and seized pursuant to this subsection shall be immediately taken to an animal impounding facility by an authorized town employee. The owner or custodian of the dog or animal shall be responsible for all costs and expenses incurred in impounding, boarding, and treating the dog or animal, which shall be paid at the time of retrieval of the dog or animal. Where a vehicle has been removed and impounded pursuant to this subsection, the vehicle shall be surrendered to its duly identified owner only after retrieval of the dog or animal and the payment of the costs of towing and impounding the vehicle.
(Ord. 2021-13, passed 10-19-2021) Penalty, see § 90.99