[Ord. No. 413-00 Art. IV, 4-17-2000]
A. 
Procedure For Declaring An Animal Dangerous.
1. 
Temporary designation. An animal exhibiting any of the traits described in Section 205.010 of this Chapter (Dangerous Animal) may be immediately declared dangerous by the City Administrator or his/her agent. Such declaration shall be communicated by the City Administrator or his/her agent to the owner and to the City. The owner shall be required to adhere to the provisions of this Article. Upon notification of a dangerous animal designation by the City Administrator or his/her agent, the owner of said dangerous animal shall have five (5) days to request a hearing to the Municipal Judge of the City of Strafford. Such request shall be made in writing and delivered to Strafford City Hall.
2. 
Court declaration. The Municipal Judge of the City may hear cases involving animal bites and animals running at large and, after hearing and notices to the owner of an animal, make a determination regarding such animal being a dangerous animal as provided herein and impose fines and penalties.
[Ord. No. 929, 4-18-2022]
B. 
Reasonable Control Required. Any person owning, keeping or possessing a dangerous animal must at all times maintain reasonable control over said animal. A person maintains reasonable control over a dangerous animal if:
1. 
The animal is held and/or restrained within a suitable enclosure which in the case of dangerous dogs must be locked at all times and display conspicuous warnings that a dangerous dog is housed within; or
2. 
When on private property the animal is securely fastened to a leash, the other end of which is securely held by or attached to:
a. 
A person reasonably able to restrain the animal from escape; or
b. 
An object or device which is reasonably calculated to prevent the animal from escape; or
3. 
When on public property or on private property without the permission of the owner of same, the animal is securely fastened to a leash, the other end of which is securely held by or attached to:
a. 
A person reasonably able to restrain the animal from escape; or
b. 
An object or device which is reasonably calculated to prevent the animal from escape and the animal is wearing a muzzle which prevents the animal from biting any human being or other animal.
C. 
Actions Required Of Owners Of Dangerous Animals. The following actions shall be required of owners of animals that have been declared to be dangerous animals under this Article.
1. 
If the dangerous animal is a dog: Affix a bright orange collar and brightly colored metal tag so that the animal can be readily identified as a dangerous animal at all times.
2. 
The owner or keeper shall notify the Police Department immediately:
a. 
If the animal is loose, unconfined or missing;
b. 
Has attacked another animal or human being; or
c. 
If ownership has been transferred and if transferred to another resident in the City the name and address of the new owner who shall abide by this Chapter.
3. 
Display a sign on the premises, provided by the City at owner's expense, that there is a dangerous animal. This sign shall be visible and capable of being read from the street, road or highway that abuts the premises.
[Ord. No. 929, 4-18-2022]
D. 
Seizure And/Or Confinement Of Dangerous Dogs.
1. 
Any dog shall be immediately seized by the department if the dog bites or attacks a person or another domestic animal at the sufferance of its owner, is engaged in or apparently engaged in a dog fight contest or is approximately near the area in which a contest is being conducted.
2. 
In the event that a previously declared dangerous dog has been seized by the City or after such dog bites or attacks a person, the Municipal Judge shall hold a hearing to determine if the dog should be returned to the owner or forfeited. Such hearing shall be conducted no less than ten (10) days from the date of seizure and the Municipal Judge shall provide written notice of such hearing either in person or by certified mail, return receipt requested, to the owner of the dog.
E. 
Exemption To Dangerous Animal Classification.
1. 
No animal may be declared dangerous if the threat, injury or damage caused by the animal was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal or was teasing, has teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
2. 
The Chief of Police or the Municipal Judge may, because of extenuating circumstances, determine from the investigation of an incident that an animal is not dangerous. However, the owner, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3. 
Animals owned by government or Law Enforcement Agencies when being used in the services of those agencies are exempt from this Subsection but not from the vaccination requirements.