(A) It shall be unlawful for any animal owner or other person to fail to comply with the state laws relating to dangerous dogs.
(B) It is the purpose of this chapter to supplement the state laws by providing a procedure for the enforcement of state laws relating to dangerous dogs in addition to the criminal penalties provided by state law.
(C) The Town Manager shall designate a person to be responsible for determining when a dog is a dangerous dog and the Town Board of Adjustment shall hear any appeals.
(D) In addition to complying with the state laws, owners of animals determined to be dangerous shall observe the following:
(1) The owner shall meet all requirements for rabies inoculations;
(2) A dangerous animal shall wear a collar identifying the animal as a dangerous animal;
(3) While on the owner’s property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or kennel suitable to prevent entry or reaching through by young children and designed to prevent the animal from escaping. The pen or kennel may not share common fencing with an area or perimeter fence. The kennel or pen must have secure sides at least six feet in height; a secure top attached to all sides; the sides must be either buried two feet into the ground, sunken into a concrete pad or securely attached to a wire bottom. The gate to the kennel must be locked. The enclosure must also provide protection from the elements for the animal and have a ground area of at least five feet by 20 feet. The owner or keeper shall display a sign on his or her premises warning that there is a dangerous dog on the property. The sign shall be visible and capable of being read from the public highway;
(4) The owner must allow the Animal Control Officer to make whatever inquiries are deemed necessary to ensure compliance with the provisions of this division (D), including inspection of the owner’s premises where the dangerous dog is confined;
(5) If a dangerous dog escapes its confinement or frees itself from its owner, the Animal Control Officer or other law enforcement officer is authorized to destroy the dog on the spot, if, in his or her judgement, the dog cannot be safely captured without causing harm to the officer or the public. The officer shall not be held liable for the loss of the dog; and
(6) If the owner of the dog that has been designated dangerous is unwilling or unable to comply with the regulations of this division (D) for keeping such dog, then he or she must have the animal humanely euthanized. All costs shall be borne by the owner.
(Ord. passed 2-6-2007) Penalty, see § 90.999