The following words and phrases whenever used in this chapter are defined as follows:
Dangerous animal
means any dog or other animal which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation. There shall be a rebuttable presumption that any animal that bites a person is a dangerous animal.
Wild animal
means any exotic, venomous, nondomestic, or untrained animal which because of its size, natural disposition, or other characteristic constitutes a hazard or menace to persons, or animals, or is likely to damage property.
(§ 1, Ord. 367, eff. January 14. 1994)
It is unlawful for any person owning or having possession, custody, charge, or control of any dog or other animal known by such person to be dangerous to cause or permit the animal to run loose about the person's premises in a manner endangering any person lawfully entering such premises, or cause or permit the animal to be unrestrained upon or about any public street, sidewalk, park, schoolyard, or property of other persons.
For the purposes of this section, lawful entry to a premises includes, but is not limited to, entry made by a person in the performance of any duty imposed upon that person by the laws of this State or any City or County or by the laws or postal regulations of the United States, or when that person is on such property by reason of accident or disaster, or by invitation either expressed or implied.
(§ 1, Ord. 367, eff. January 14, 1994)
(a) 
The Superintendent of the Animal Center shall report in writing to the Town's City Manager concerning any animal the Superintendent is informed is, or believes to be, a dangerous animal.
(b) 
The Town's City Manager or designee shall set a date and time for a public hearing to determine whether such animal is a dangerous animal as defined in Section 6-1.601. Ten calendar days' written notice of the time and place for the hearing shall be given to the person who owns or has possession, custody, charge, or control of the animal. The notice shall also indicate that if the animal is determined to be dangerous animal, the animal owner shall be responsible for the costs of the public hearing as set forth in subsection (h).
(c) 
The Town's City Manager or designee shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the animal is a dangerous animal.
(d) 
In determining whether the animal is a dangerous animal, the Town's City Manager or designee shall consider evidence concerning any bites committed upon persons or other animals by the animal; provided, however, that such evidence shall not be exclusive. An animal may be shown to be dangerous even though it is not proven to have bitten any person or other animal.
(e) 
The Town's City Manager or designee shall issue written findings and a decision, concerning whether the animal is a dangerous animal, within 10 working days after the hearing is concluded.
(f) 
Once the person who owns or has possession, custody, charge, or control of the animal has been provided written notice of the time and place for the hearing, he or she shall ensure the protection of the public health, safety, and welfare by securely confining the animal, prior to the hearing, at the animal services center or at a facility approved by the Superintendent of the Animal Center. The animal's confinement shall continue, pending the issuance of the written decision of the Town's City Manager or designee following the hearing. All costs incurred as a result of the confinement shall be the sole responsibility of the owner, possessor or custodian of the animal.
(g) 
If the animal is determined to be a dangerous animal, the Town's City Manager or designee may revoke the animal's license and order its removal from the Town within 24 hours, order its destruction, or grant a permit for possessing a dangerous animal as provided in Section 6-1.604. If an animal is granted a permit, in addition to any permit conditions established pursuant to Section 6-1.604, the animal owner shall pay to the Town the costs of staff administration resulting from ensuring compliance with any permits granted, and shall include the costs of research, field investigation, noticing, and city attorney fees.
(h) 
If the animal is determined to be dangerous animal, the animal owner shall pay to the Town the costs of staff administration, as set forth in the Town's fee schedule. Such costs shall be based on the time of staff involved in the hearing process, and shall include the costs of research, field investigation, noticing, City Attorney fees and Hearing Officer costs.
(i) 
It is unlawful for any person to own or have possession, custody, charge, or control of any dangerous animal ordered from the Town by the Town's City Manager or designee pursuant to this section.
Any dangerous animal within the Town 24 hours after the removal order is issued shall be subject to seizure by Animal Control Officers or the Sheriff.
(§ 1, Ord. 367, eff. January 14, 1994; § 1, Ord. 528, eff. June 19, 2011; § 1, Ord. 540, eff. October 20, 2012)
(a) 
It is unlawful for any person to own or have possession, custody charge, or control of any elephant, bear, hippopotamus, rhinoceros, ocelot, lion, tiger, alligator, crocodile, leopard, wolf, monkey, squirrel, raccoon, skunk, dangerous dog or other dangerous animal as determined by the public hearing process provided for in Section 6-1.603, venomous or dangerous reptile of any kind without first obtaining a permit from the City Manager or designee.
(b) 
Applicants for such permit shall pay a fee per animal as set forth in the Town's fee schedule. Further, if a dangerous animal permit is granted under this section, the animal owner shall pay to the Town any costs of staff administration resulting from ensuring compliance with any permits granted. These costs may include, but are not limited to, the costs of research, field investigation, noticing, and/or City Attorney fees.
(c) 
All permits provided for in this section shall be valid for three years from the date of issuance, unless revoked as provided in this section.
(d) 
Upon receipt of an application for a permit to maintain any of the animals set forth in this section, the City Manager or designee may issue such permit if he is satisfied that such animal will be kept in a safe, secure and humane fashion and without menacing the safety of any person or animal or causing damage to property. As a condition of granting the permit, the City Manager or designee may require that such animal be properly caged or tethered and may make and issue regulations regarding the possession or maintaining of such animal within the Town.
Any conditions for granting of a permit must be noted on the permit at the time of issuance or at a later date that the City Manager or designee deems necessary. Special conditions may include, but are not limited to:
(1) 
Keeping the animal confined on the premises in an enclosure approved by the City Manager or designee;
(2) 
Keeping the animal securely muzzled, leashed, and under the control of a person 18 years of age or older, and who is physically capable of restraining the animal when the animal is either on or off the property of the person having control, custody, care, or ownership of the animal;
(3) 
Providing financial responsibility for the animal by posting a bond or certificate of insurance to an amount deemed necessary by the City Manager or designee, which shall not be less than the amount of $50,000;
(4) 
Providing for the surgical spaying or neutering of the animal to prevent reproduction.
(e) 
Every violation of a permit condition issued under this chapter is a separate violation of this Code. Further, any permit issued under this section may be revoked when any provision of this chapter, or any condition or regulation issued by the City Manager or designee under this chapter, is violated, or when, in the opinion of the Chief of Police, the safety of any person or animal is menaced or property is likely to be damaged by the possession or maintenance of such animal.
(§ 1, Ord. 367, eff. January 14, 1994, § 1, Ord. 528, eff. June 19, 2011; § 1, Ord. 540, eff. October 20, 2012)
Notwithstanding Section 6-1.203, any person who violates any provision of this article and/or any condition of a permit issued pursuant to this article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 540, eff. October 20, 2012)