(A) Prohibition. Except as provided in the following divisions (B) and (D) below, no person shall own or keep any dangerous animal in the town.
(B) Exceptions. Any person who meets any of the following exceptions shall be permitted to own or keep a dangerous animal, provided that the person has first properly obtained a permit for the animal:
(1) The keeping of the animal in a zoo, bona fide education or medical institute, museum or any other place they are kept as live specimens for the public to view or for the purpose of instruction or study;
(2) The keeping of the animal for exhibition to the public by a circus, carnival or other exhibit or show;
(3) The keeping of the animal in a bona fide licensed veterinary hospital for treatment;
(4) Commercial establishments possessing the animal for the purpose of sale or display; and
(5) The owning or keeping of a registered pit bull dog, wolf hybrid or coydog.
(C) Requirements.
(1) No person shall permit a registered dangerous animal to go outside its enclosure unless the animal is securely leashed with a leash no longer than four feet in length. No person shall permit the animal to be kept on a chain, rope or other type of leash outside its enclosure unless an adult person is in physical control of the leash. The animal may not be leashed to inanimate objects such as trees, posts or buildings.
(2) No person shall permit a registered dangerous animal to go outside its enclosure unless the animal is securely muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.
(3) All registered dangerous animals shall be securely confined indoors or, if outdoors, in a securely enclosed and locked pen, except when leashed and muzzled as described above. The pen shall meet the requirements listed under the § 91.09.
(4) No dangerous animal may be kept on a porch, patio or any part of a house or structure, or in any manner that would allow the animal to exit the building on its own volition. In addition, no animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only barriers preventing the animal from exiting the structure.
(5) All owners or keepers of registered dangerous animals shall within 30 days of the effective date of this chapter display, in a prominent place on their premises, clearly visible warning signs reading “Beware of Dog” in letters not less than two inches tall. The signs will be posted at each entry point to inform people of the presence of a potentially dangerous dog. In addition, a similar sign shall be posted on the enclosure or pen of the animal.
(6) All registered dangerous animals shall be required to wear a bright orange collar at all times when not confined indoors. The collar shall be visibly on the animal when it is in an enclosure or on a leash.
(7) All registered dangerous animals shall have an identification microchip implanted by a licensed veterinarian.
(8) All owners or keepers of registered dangerous animals must, within ten days of any of the following incidents, notify, in writing, the Town Clerk-Treasurer as required hereinafter:
(a) The removal from the town or death of a registered dangerous animal;
(b) The birth of offspring to a registered dangerous animal; or
(c) The move of the owner or keeper, or the move of a registered dangerous animal to a new location within the town limits. In that case, the new address of the animal and that of the owner shall also be reported to the Town Clerk-Treasurer.
(9) All offspring born of registered dangerous animals must be removed from the town within eight weeks of birth.
(D) Exemptions. The prohibitions of (A) through (C) above shall not apply to:
(1) The transportation of dangerous animals through the town when the person transporting the animal has taken adequate safeguards to protect the public and has notified the Town Marshal of the proposed route of transportation and the time thereof;
(2) The keeping of any dangerous animal by the town or its designees in the enforcement of this chapter; or
(3) The keeping and utilization of police certified dogs for drug interdiction, search and rescue and law enforcement.
(E) Special permit required. A special annual permit shall be required for owning or keeping any dangerous animal eligible for an exception. Permits shall be issued only to adults age 21 or older and only to the person who is the owner or keeper of the animal. Permits will be granted according to the following procedures:
(1) An initial application for a dangerous animal permit shall be made to the Town Clerk- Treasurer no later than 30 following the effective date of this chapter. A permit will be valid for 12 months from the issue date. A permit application shall be made for each 12-month period thereafter and must be made prior to the expiration of the previous permit. Application must be made on a form provided by the town. No permit shall be granted to any owner or keeper of a dangerous animal who has not properly obtained a permit within 30 days following the effective date of this chapter.
(2) The application shall contain the following information:
(a) The name, address and telephone number of the applicant;
(b) A statement that the applicant is the owner or keeper of the animal;
(c) The name, address and telephone number of any other owner or keeper of the animal;
(d) The address of the location where the animal will be kept;
(e) A description for the animal for which the permit is sought;
(f) An acknowledgment of receipt of a copy of this chapter; and
(g) A signature by each owner or keeper of the animal.
(3) The application shall be accompanied by:
(a) Proof of liability insurance in a single incident amount of $100,000 for bodily injury to or death of any person or persons, or for damage to property owned by any persons, which may result from owning or keeping a dangerous animal. At the time of any subsequent application, the owner or keeper must show proof of insurance for the present period, as well as proof that there was insurance coverage throughout the period of the previous year. In the event that the liability insurance is cancelled, lapsed or for any other reason becomes non-enforceable, the owner or keeper shall be in violation of this section;
(b) Two identical color photographs of the animal taken within the previous 30 days, clearly showing the color and approximate size of the animal;
(c) Proof of microchipping; and
(d) A photo identification for each owner or keeper of the animal.
(4) The annual permit fee shall be $50 for each dangerous animal. Permit fees are non-refundable.
(Ord. 2021-4, passed 11-16-2021) Penalty, see § 91.99