(A) No person shall own within the town any vicious dog.
(B) It shall be an affirmative defense to a charge of unlawful ownership of a vicious dog that the injury or damage was sustained by a person who, at the time, was teasing, tormenting, abusing or assaulting the dog, or which dog was protecting a human from being attacked by another animal or by a human being.
(C) (1) Whenever any person is charged with unlawful ownership of a vicious dog, as defined in this chapter, that person shall, to the satisfaction of the court, remove the dog from the town until the trial of the citation.
(2) If the owner fails to remove the dog within 48 hours of the service of the citation, the Town Police Department shall impound the dog until the trial on the citation. If the dog is determined by plea or trial to be a vicious dog provided by this chapter, it shall not be returned to or kept in the town.
(3) Any dog returned to or kept in the town after being determined to be a vicious dog constitutes a public nuisance as pursuant to the ordinances of the town.
(Ord. 3-07, passed 12-12-2007) Penalty, see § 90.99