[R.O. 2003 § 205.250; Ord. No. 921-99 § 73.290, 4-12-1999]
It shall be unlawful for any person
to keep or harbor within the City of Gallatin any vicious or dangerous
dog or dangerous dog that runs at large anywhere within the City of
Gallatin. If any vicious dog, whether licensed or unlicensed, be found
running at large in the City, any Animal Control Officer or Police
Officer may use any force necessary, including killing, to subdue
said dog in order to protect the citizens of Gallatin and their property.
"Vicious or dangerous dog" is generally construed to mean any dog
that has attacked or attempted to attack any human being, or which
has bitten or attempted to bite any human being, or which attacks
other dogs or domestic animals, or kills domestic fowl, but the term
"vicious or dangerous dog" is intentionally not defined specifically
and it shall rest upon the Animal Control Officer or Police Officer's
judgment.
[R.O. 2003 § 205.260; Ord. No. 921-99 § 73.300, 4-12-1999]
If the Animal Control Officer or
Police Officer has cause to believe that a dog is vicious or dangerous,
he/she may find and declare that dog a vicious or dangerous dog.
[R.O. 2003 § 205.270; Ord. No. 921-99 § 73.310, 4-12-1999]
Within ten (10) days of declaring
a dog vicious or dangerous, the Animal Control Officer or Police Officer
shall notify and make a written declaration of such, forward the declaration
to the dog's owner, if the owner is known, and forward a copy of such
notice immediately to the Chief of Police. If the officer is the Chief
of Police, the notice shall be forwarded to the City's Prosecuting
Attorney. The notice shall identify the requirements and conditions
for maintaining a vicious or dangerous dog as set forth in this Chapter.
If the owner cannot be located, the dog may be immediately impounded
and notice shall be posted on the owner's property, if the owner is
known, or sent by certified mail to the owner's last known address,
if such an address is known.
[R.O. 2003 § 205.280; Ord. No. 921-99 § 73.315, 4-12-1999]
A.
The owner of a dog declared vicious shall
have the right to file with the Chief of Police, within ten (10) days
after receiving notice, a written request for a hearing to contest
the vicious or dangerous dog declaration. The Chief of Police will
forward the request to the Mayor and Board of Aldermen and will set
a hearing at the next regular Board of Aldermen meeting.
B.
The hearing shall be informal and strict
rules of evidence shall not apply. The owner may be represented by
counsel, present oral and written evidence and cross-examine witnesses.
C.
The Board of Aldermen shall issue a decision
within five (5) days after the close of the hearing and shall notify
the owner in writing of the decision.
D.
If the Board of Aldermen upholds the vicious
dog declaration, the owner shall comply with all of the requirements
and conditions for maintaining a vicious or dangerous dog within the
City as set forth in this Chapter.
E.
The decision of the Mayor and Board of
Aldermen is final.
[R.O. 2003 § 205.290; Ord. No. 921-99 § 73.320, 4-12-1999]
A.
The owner of a vicious or dangerous dog
shall be subject to the following requirements in order to keep said
dog within the City of Gallatin:
1.
Confinement. All vicious or dangerous
dogs shall be securely indoors or in an enclosed and locked pen or
structure upon the premises of the owner. The pen or structure must
have minimum dimensions of five (5) feet by ten (10) feet and must
have secure sides and a secure top attached to the sides. If no bottom
is secured to the sides, the sides must be embedded into the ground
no less than two (2) feet. All pens or structures must be adequately
lighted and kept clean and sanitary. The enclosure must also protect
the dog from the elements.
2.
Leash And Muzzle. The owner of a
vicious or dangerous dog shall not allow the dog to go outside its
kennel, pen or structure unless the dog is muzzled, restrained by
a chain or leash not more than four (4) feet in length, and under
the physical control of a person. The muzzle must not cause injury
to the dog or interfere with its vision or respiration but must prevent
the dog from biting any human or animal.
3.
Signs. The owner of a vicious or
dangerous dog shall display in a prominent place on the owner's premises
a clearly visible warning sign indicating that there is a vicious
or dangerous dog on the premises. The sign must be readable from the
public highways or thoroughfare. The owner shall also display a sign
with a symbol warning children of the presence of a vicious or dangerous
dog. Similar signs shall be posted on the dog's kennel, pen or enclosed
structure.
4.
Insurance. The owner of a vicious
or dangerous dog must provide proof to the City or Police or any of
its officers that the owner has procured public liability insurance
of at least one hundred thousand dollars ($100,000.00) insuring the
owner for any damage or personal injury which may be caused by the
vicious or dangerous dog.
5.
In case the owner or keeper of such
dog is a minor who is under the age of eighteen (18), the duty of
complying with this Section shall fall upon the adult person in whose
family the minor lives or who is in charge of the premises where the
dog is kept.
[R.O. 2003 § 205.300; Ord. No. 921-99 § 73.340, 4-12-1999]
[R.O. 2003 § 205.310; Ord. No. 921-99 § 73.350, 4-12-1999]
A.
This Chapter shall not apply to dogs used
by a Police Department or Law Enforcement Agency.
B.
No dog may be declared vicious or dangerous
for injury or damage sustained by a person who was committing a willful
trespass or other tort upon the premises of the dog's owner.
C.
No dog may be declared vicious or dangerous
for injury or damage sustained by a person who was teasing, tormenting,
abusing or assaulting the dog.
