[Adopted 6-12-2013 by L.L. No. 6-2013]
A.
An animal control officer or police officer who has probable cause
to believe that a dog is vicious, as defined in this article, shall
immediately demand that possession of the dog be forthwith relinquished
to said animal control officer or police officer, who shall impound
said dog and notify the owner of said impoundment. The owner of such
dog may request the Justice Court to conduct a hearing within five
days to determine if the dog is vicious. Upon such request, the Justice
Court shall provide for the hearing within five days. At such hearing
all interested persons shall have the opportunity to present evidence
on the issue of the dog's viciousness. If no such hearing is
requested within five days from the notification of the dog's
impoundment, the dog shall become the property of the Town.
B.
After a finding that a dog is vicious, as defined in this article,
it is in the Court's discretion to order the dog destroyed or
return the dog to the owner upon satisfaction of the following conditions:
(1)
The owner obtained general liability insurance in the amount of $100,000
for any injury which the dog may cause, naming the Town of Rotterdam
as an additional insured for the purpose of receiving notification
of termination. It shall be the duty of said dog owner to maintain
such insurance policy in force so long as the dog shall be present
in the Town of Rotterdam.
(2)
The owner shall obtain from the Town Clerk the appropriate collar
designating the dog as dangerous. Said collar shall remain on the
dog at all times.
(3)
The owner shall obtain a leash and muzzle for said dog. Such leash
shall have a maximum length of three feet and shall have a minimum
tensile strength of 300 pounds. It shall be unlawful at all times
thereafter to allow said dog to leave the owner's home or secure
enclosure as defined herein upon the owner's property unless
said dog is muzzled, collared and tethered and under the control of
a person at least 21 years of age.
(4)
The Town Clerk or his/her designee shall require the owner of a vicious
dog to register such dog with the Town Clerk. The application for
such registration shall contain the name and address of the owner;
the breed, age, sex, color and any other identifying marks of the
dog; the location where the dog is kept if not at the address of the
owner; and any other information which the Town Clerk or his/her designee
shall require. The application for registration pursuant to this subsection
shall be accompanied by a registration fee of $40. Each dog registered
pursuant hereto shall be assigned an official registration number
by the Town Clerk. Such registration number shall be tattooed at the
owner's expense in the manner prescribed by the Town Clerk. The
certificate of registration shall be of such form and design and shall
contain such information as the Town Clerk shall prescribe and shall
be issued to the owner upon payment of the registration fee and presentment
of sufficient evidence that the owner has complied with all the orders
of the Town Clerk as prescribed at the determination hearing.
(5)
The owner shall display a sign on the premises warning that there
is a vicious dog on the property. This sign shall be visible and capable
of being read from the public highway or street.
(6)
The owner of the dog shall have the dog sterilized.
(7)
The dog shall not be returned to, possessed or harbored by any person
under the age of 21.
C.
An animal control officer or police officer who has probable cause
to believe that a vicious dog is being possessed in violation of this
article shall immediately demand that possession of the dog be forthwith
relinquished to said animal control officer or police officer, who
shall impound said dog until the article has been complied with and
all fines paid.
D.
Any person violating the provisions of this article shall be punished
by a fine not less than $500 nor more than $1,000, or 15 days in jail,
or both, for a conviction of a first offense; upon conviction of a
second violation, where the offense is committed within a period of
five years of the first offense, a fine of not less than $1,000 nor
more than $2,500 or by imprisonment for a period not to exceed six
months, or both; and upon conviction of a third or subsequent violation,
where the offense is committed within a period of five years of the
first and second offense, a fine of not less than $2,500 nor more
than $10,000 or by imprisonment for a period not to exceed six months,
or both. Each separate offense shall constitute an additional violation.
E.
Any person found guilty of violating this article shall pay all expenses,
including shelter, food and veterinary expenses, necessitated by the
seizure of any dog for the protection of the public and such other
expenses as may be required for the destruction of such dog.
