(A) General. No person shall own, keep or harbor a dangerous animal within the town. The owner of a dangerous animal shall remove the animal from the town as directed by the Department and obey any orders from the Town Court regarding the animal. If the owner of a dangerous animal cannot be located, the dangerous animal shall be impounded by an animal control officer or member of the Department and placed in a secure location until the owner can be located and notified. If the owner is not located after a reasonable period of time, the dangerous animal shall be taken to the nearest county animal shelter and euthanized. A dangerous animal running at large, which because of its disposition or diseased condition is too hazardous to apprehend, may be destroyed by a member of the Department, animal control officer or by a person acting in self-defense or defense of his or her family or another person or defense of his or her domestic animal.
(B) Dangerous animal defined. A DANGEROUS ANIMAL is any of the following:
(1) Any animal that has the propensity to attack or bite any person or domestic animal without provocation and the capacity to inflict serious injury, as defined, to a person or domestic animal;
(2) Any animal that when unprovoked, approaches and contacts any person in a violent or terrorizing manner, with the apparent attitude of attack while that person is upon the streets, sidewalks other public grounds or places within the town;
(3) Any animal that has been listed as a “potentially dangerous animal” by the Department and exhibits behavior warranting listing the animal as a “dangerous animal”; and
(4) Any animal that has killed a domestic animal while off the property owned or occupied by the owner of the animal.
(C) Exceptions to dangerous animal definitions. Notwithstanding the foregoing, an animal will not be deemed dangerous if the animal attacks or bites a person while that person is committing a criminal trespass, other tort or a crime upon the premises occupied by the owner of the animal. An animal will not be deemed dangerous if the animal attacks or bites a domestic animal while that domestic animal is on the premises occupied by the owner of the animal, or if the animal was defending a human being from an unjustified attack wherever the person is, or if the animal was, at the time just prior to a bite or an attack, being teased, harassed, abused or assaulted by a person.
(D) Public complaints of dangerous animals. Any person may file a complaint with the Department that a particular animal harbored within the town is dangerous. The Department thereafter shall investigate the propensity of the animal, including, but not limited to, discussions with the owner regarding such complaint. The owner of a dangerous animal, as determined by the Department, may challenge the determination in the Town Court. During the pendency of the challenge, the alleged dangerous animal shall remain with the dwelling of the owner, and only as necessary to defecate outside or to be taken for veterinary care. At all times while off the owner’s property, the alleged dangerous animal shall be muzzled and leashed and under the direct supervision and control of the owner or other responsible person.
(E) Potentially dangerous animals. The owner of an animal deemed a potentially dangerous animal is required to post notice of the animal’s dangerousness, such as a “Beware of Dog” sign, in order to inform both children and adults of the presence of a potentially dangerous animal on the premises. Potentially dangerous animals are allowed outside only under the direct supervision and leashed control of the owner or other responsible party.
(F) Potentially dangerous animals defined.
(1) A POTENTIALLY DANGEROUS ANIMAL is any of the following:
(a) Any animal who, when unprovoked on two separate occasions within the prior 12-month period, engages in behavior that required a defensive action by any person to prevent bodily injury when that person and animal are off the property owned or occupied by the owner of the animal;
(b) Any animal which when unprovoked bites a person causing a less severe injury, as defined;
(c) Any animal which, when unprovoked, has caused serious injury to a domestic animal while that animal is off the property owned or occupied by the owner of the animal;
(d) Any animal whose behavior has caused a person to file, in good faith, a public complaint of an alleged dangerous animal, pursuant to division (D) above; or
(e) Any animal whose behavior has caused a person, as required by law or in good faith, to file a report of an animal bite with the Department, pursuant to § 99.26 of this chapter.
(2) An officer of the Department may take into possession any animal that falls under divisions (1)(b) and (1)(c) of the definition of potentially dangerous animals.
(G) Notification of potentially dangerous animal. The Department shall investigate the propensity of the animal to be a potentially dangerous animal. Such investigation shall include, but not be limited to, discussions with the owner regarding such matter. The owner of a potentially dangerous animal, as determined by the Department, may challenge the determination in the Town Court. During the pendency of the challenge, the alleged potentially dangerous animal shall remain with the dwelling of the owner, and only as necessary to defecate outside or to be taken for veterinary care. At all times while off the owner’s property, the alleged potentially dangerous animal shall be muzzled and leashed and under the direct supervision and control of the owner or other responsible person.
(H) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BITE. A break in the skin of a person or domestic animal caused by the tooth of a dog, cat or other animal.
LESS SEVERE INJURY. Any injury consisting of a mark on the skin or a break in the skin but which injury does not require medical attention from a trained medical professional.
SERIOUS INJURY. Any injury that requires medical attention from a trained medical professional. Bites or injuries which create the need for a person to get a series of rabies shots, even if out of caution, are SERIOUS INJURIES.
(1996 Code, § 9-44) (Ord. 2001-7, passed - -; Ord. 2004-14, passed - -; Ord. 2007-18, passed - -; Ord. 2013-14, passed 10-7-2013)