§ 91.02 REGULATION AND CONTROL OF THE ROAMING OF CATS, FERRETS, AND DOGS.
   (A)   It shall be the duty of every owner or person having a cat, ferret, or dog in his or her possession, custody or control to exercise reasonable care and take all necessary steps to protect other people, property, and animals from injury or damage which might result from the owner or possessor’s animal’s behavior if the behavior is playful or ferocious.
   (B)   It shall be unlawful for any person to own, possess, harbor, or have the care of any dog, ferret, or cat within the municipal limits of the town without first obtaining a license tag for each such animal from the Clerk-Treasurer by paying to the Clerk-Treasurer for the use of the town the sum of $2 per year for each tag. The license tag shall be good until the expiration of the rabies vaccination (i.e., one-, two-, three-, four-, or five-year tag at $2 per year) and each tag shall be securely attached to such cat, ferret, or dog. Each tag issued hereunder shall be numbered and a record of all tags shall be kept identifying the responsible party and describing the animal for which issued. No person owning, keeping, or harboring a cat, ferret, or dog shall use, change, or modify a tag or place it on any different animal.
   (C)   It shall be unlawful to keep or harbor any cat, ferret, or dog over the age of six months within the town limits unless the animal has been inoculated against rabies by a licensed veterinarian within the preceding year. No license tag shall be issued for any cat, ferret, or dog over the age of six months unless the applicant for the license presents proof that the animal has been inoculated.
   (D)   It is the duty of every owner, possessor, or custodian of any cat, ferret, or dog in his or her custody to ensure that the animal is provided with sufficient food, water, and proper shelter and securely enclosed on the owner, possessor, or custodian’s property, by sufficient fence or pen or securely and humanely restrained by chain or other tether. Any cat, ferret, or dog permitted off of the property shall be on a sufficient lead or leash and within voice or sight control of a competent person at any time it is not restrained on the owner’s property.
   (E)   It shall be unlawful for the owner or person in charge or control of a cat, ferret, or dog to permit the  animal to become a nuisance. Excessive, continuous, or untimely barking or other distressing loud or unusual noise, molesting passersby, trespassing upon public or private property, or doing damage to person or property shall be deemed a nuisance.
   (F)   It shall be unlawful for any owner or custodian of any cat or dog to allow such animal to soil, vile or defecate on any public or private property, street, sidewalk, public way, or park unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by placing it into a proper container.
   (G)   A police officer, town employee, or other designated person is authorized and empowered to seize any and all animals that are found to be running at large within the town limits or in violation of this section. Written notice of the animal’s custody shall be sent by the Clerk- Treasurer to the owner of any animal properly licensed by the town that is wearing its license at the time it is taken into custody. Notice will be sent to the owner by U.S. mail, postage prepaid to the most recent address given by the owner at the time the license was issued. If the animal is not claimed within ten days from the date after it is first taken into custody, the animal shall be considered abandoned by its owner. Abandonment constitutes the relinquishment of all rights and claims by the owner of the animal to the town and it may be sold or otherwise disposed of as the town sees fit. Notwithstanding any other provision of this section, the town employee or designee is hereby authorized to immediately destroy any vicious or ferocious animal which can not be safely captured or kept in custody by usual and available means. Any seized animal not licensed and tagged and not claimed by any person within three days shall be considered abandoned.
(1995 Code, § 91.02)  (Ord. 1-2005, passed 11-17-2005) Penalty, see § 91.99