[Adopted 4-2-1990]
As used in this Article, the following terms
shall have the meanings indicated:
Any dog which is capable of inflicting death or serious injury
on a person or another animal and which:
Has, without provocation, bitten a person engaged
in a lawful activity;
Has, while off the property of its owner and
without provocation, killed or seriously injured another animal;
Has, without provocation, chased, confronted
or approached a person on the street, sidewalk or other public property
in a menacing fashion such as would put an average person of fear
of attack;
Has exhibited a propensity, tendency or disposition
to attack while off the property of its owner, cause injury or threaten
the safety of persons or other animals without provocation; or
Has acted in a manner that causes or should
cause its owner to know that it is potentially vicious.
Any dog which:
Has caused death or serious injury to a person
engaged in a lawful activity;
Has, on two or more occasions within a twelve-month
period, bitten without provocation a person engaged in a lawful activity;
Has, on two or more occasions within a twelve-month
period, while off the property of its owner and without provocation,
killed or seriously injured another animal; or
Has been trained for dog fighting or is owned
or kept for the purpose of dog fighting.
A.
It shall be unlawful for any person to keep within
the City of Watertown any vicious dog. Upon a finding that a dog is
vicious, a court of competent jurisdiction may order the dog to be
impounded and destroyed or to be removed from the City of Watertown.
A.
Any person may make a verbal or written complaint
to the City Dog Control Officer of a dog which the complainant believes
to be vicious or dangerous. The complaint shall include sufficient
information to enable the Dog Control Officer to ascertain the location
and owner of the dog and shall also include the reasons why the complainant
believes the dog to be vicious or dangerous.
B.
Within 10 days of the making of the complaint, the
Dog Control Officer shall undertake an investigation to determine
whether the dog identified in the complaint is vicious or dangerous.
Such investigation shall include an opportunity for the owner of the
dog to present evidence to the Dog Control Officer pertinent to the
viciousness or dangerousness of the dog, and may include interviews
with the complainant and other person having personal knowledge regarding
the dog and observations of the dog in its normal habitat.
C.
Upon completion of the investigation, the Dog Control
Officer shall determine whether the dog identified in the complaint
is vicious or dangerous.
(1)
If the Dog Control Officer determines that the
dog is neither vicious nor dangerous, the Dog Control Officer shall
inform the complainant and the owner of the determination, and no
further action shall be taken on the complaint.
(2)
If the Dog Control Officer determines that the
dog is vicious, the Dog Control Officer shall put the determination
in writing, as well as the reason supporting it. The Dog Control Officer
shall then forward this written determination to the complainant and
the owner and, in addition, shall notify the owner that the dog must
be destroyed or removed from the City of Watertown. The Dog Control
Officer may issue an appearance ticket against the owner of a vicious
dog and immediately impound the dog.
(3)
If the Dog Control Officer determines that the dog is dangerous, the Dog Control Officer shall notify the Chief of Police of the City of Watertown and the owner. In addition, the Dog Control Officer will present to the dog owner a copy of the Code of the City of Watertown, § 81-13.4, regarding the regulation of dangerous dogs.
A.
No owner of a dog known to have or who, at any time,
demonstrates a vicious propensity and/or falls within the definition
of "dangerous dog" as herein defined, shall at any time leave such
dog unattended in any place, in or out of any building or property,
except that such dog may be on the premises or property of such owner,
provided that when such dog is out-of-doors on the premises or property
of said owner, it is confined within a fenced area or yard with a
fence no less than six feet in height and adequate to prevent such
dog from leaving said yard or area. In addition, there must be a warning
sign posted in a clearly visible location at this property or premises
such that they can be seen by any person before they might enter such
premises or property informing them that a dangerous dog is present
on the premises.
B.
Such dog, when out of doors on the premises or property
of such owner, shall, in addition to being confined in a fenced yard
or area, be restricted by a secured chain sufficient so as to prevent
such dog from reaching a distance less than two feet from such fence
at any point within the fenced yard or area.
C.
Any dangerous dog which is in a public place shall
not only be in the continuous control of its owner, but shall be restrained
by a leash of not greater than four feet in length, of metal or other
construction permitted by the City, and said dog shall at all times
wear a muzzle of a type and form specified and approved by the City.
