(A) (1) Any person having knowledge which he or she believes constitutes probable cause to believe that another is harboring, keeping or maintaining a dangerous dog, which is not registered with and licensed by the town in accordance with this chapter, shall file with the Town Police Department a sworn affidavit setting forth the basis on which it believes the animal to be a dangerous dog, the name and address of the owner of the dog and a description of the dog. The Police Department shall, upon receipt of such affidavit, inquire of the Town Clerk if the dog is currently registered as a dangerous dog pursuant to the provisions of this chapter.
(2) If the dog is not registered, the Town Clerk shall notify the Town Police Department of this fact and the Town Police Department shall serve notice upon the owner of the alleged dangerous dog. The notice shall include the requirement that the owner shall bring the alleged dangerous dog to the veterinarian stated in the aforementioned notice for inspection to determine whether this dog is a dangerous dog by definition as set forth in § 90.01.
(B) (1) Registration of dangerous dogs.
(a) All owners of dangerous dogs, on or before January 1, 2004, and annually thereafter on or before April 15 of each year, register their dogs and provide a current color photograph of the dog with the Town Clerk’s office and pay a registration fee of $100. At the time of registration, each owner of any dangerous dog kept within the town limits shall provide the Town Clerk’s office with proof of liability insurance in the amount of at least $100,000 for any acts of property damage or liability incurred by virtue of injury inflicted by such dog. Such insurance shall name the town as co-insured solely for the purpose of notice of cancellation for the policy. Upon payment of the fee, the Town Clerk shall issue a current dangerous dog collar of an approved color for the purpose of identification, and which collar is to be worn by the dog at all times as proof of registration. If, when due to the length of the dog’s hair, the collar is not visible, an approved colored leash or chain shall be used.
(b) An owner of a dangerous dog who fails to register the dog is subject to a forfeiture of not less than $100 nor more than $250 per day.
(c) An owner of a dangerous dog who registers but neglects to have the dangerous dog collar worn by the dog at all times is subject to a forfeiture of not less than $25 nor more than $100 per day.
(d) A dangerous dog collar may be removed from a dangerous dog for grooming or purposes of other care when the dog is secured indoors or in an approved pen.
(2) Requirements of keeping dangerous dogs.
(a) While on the owner’s property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have a minimum dimension of five feet by ten feet and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the dog.
(b) The owner or keeper shall display a sign on his or her premises facing out from all sides of the premises warning that there is a dangerous dog on the property. This sign should be visible and capable of being read from a public highway or thoroughfare or within 20 feet of its placement. In addition, the owner shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog.
(c) 1. A dangerous dog may be off the owner’s premises if it is muzzled and restrained by an approved lead or chain not exceeding three feet in length and is under the control of an adult, able-bodied person.
2. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
(d) The provisions of this chapter regarding dangerous and vicious animals shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes.
(Ord. 3-07, passed 12-12-2007) Penalty, see § 90.99