[Ord. of 5-15-1991, § 1]
(a)
It is declared that dogs possessing an aggressive nature are becoming
a widespread threat to the safety and welfare of citizens of the Town,
in that aggressive dogs have in recent years assaulted without provocation
and injured numerous individuals, particularly children, and have
killed numerous other animals. Many of these attacks have occurred
in public places as well as on private property. The number of these
attacks are attributable to the failure of owners to register, confine
and properly control aggressive dogs.
(b)
It is further declared that the necessity for the regulation and
control of aggressive dogs is a Town problem, requiring Town regulation,
and that existing ordinances are inadequate to deal with the threat
to public health and safety posed by aggressive dogs.
(c)
It is further declared that the owning, keeping or harboring of aggressive
dogs is a nuisance.
(d)
It is further declared that because of the danger posed to public
health, safety and welfare by aggressive dogs, this division constitutes
a measure providing for the preservation of the public health, safety
and welfare.
[Ord. of 5-15-1991, § 1]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any dog which by the nature of its breed or any combination
thereof would be considered a threat to public safety by not being
properly confined.
Any dog with a known propensity, tendency or disposition to
attack unprovoked, to cause injury, assault or otherwise attack a
human being or domestic animal without provocation on public or private
property.
Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property.
Any dog harbored primarily or in part for the purpose of dogfighting
or any dog trained for dogfighting.
A fence of at least six feet in height, forming or causing
a barrier suitable to prevent the entry of young children and suitable
to confine an aggressive dog in conjunction with other measures which
may be taken by the owner or keeper, such as tethering of the aggressive
dog. The enclosure shall be securely locked and shall be designed
to prevent the animal from escaping and shall act as an exercise run.
This enclosure shall have a cement patio to prevent the dog from burrowing
and shall also have a rooftop enclosure.
[Ord. of 5-15-1991, § 4]
The animal control officer is empowered to make whatever inquiry
is deemed necessary to ensure compliance with the provisions of this
division, and the animal control officer is empowered to seize and
impound any aggressive dog whose owner or keeper fails to comply with
the provisions of this division.
[Ord. of 5-15-1991, § 5]
The owner of any animal who is guilty of any violation of this
division shall be fined a sum of $500.
[Ord. of 5-15-1991, § 6]
If the owner or keeper of the dog refuses to surrender the animal
to the animal control officer, the animal control officer may request
a police officer to obtain a search warrant from a justice of the
district court and to seize the dog upon execution of the warrant.
[Ord. of 5-15-1991, § 3(1)]
The owner or keeper of an aggressive dog shall display a sign
on his premises warning that there is an aggressive dog or guard dog
on the premises. The sign shall be visible and capable of being read
from the public highway.
[Ord. of 5-15-1991, §§ 3(2),
7]
(a)
The owner or keeper of an aggressive dog shall, on or prior to the
effective date of the licensing of the dog, have an enclosure for
the aggressive dog on the property where the aggressive dog will be
kept or maintained.
(b)
At any time when the dog is not in its enclosure, the dog must be
muzzled and on a choke chain leash that will secure the animal from
a breakaway.
[Ord. of 5-15-1991, § 3(3)]
The owner or keeper of an aggressive dog shall notify the licensing
authority and the animal control officer or police department within
one hour if an aggressive dog is on the loose, has attacked a human
being, has died or has been sold or given away. If the dog has been
sold or given away, the owner or keeper shall also provide the licensing
authority with the name, address and telephone number of the new owner
of the dog.
