As used in this article, the following terms shall have the meanings
indicated:
UNCONFINED VICIOUS ANIMAL
An animal that is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in §
153-7 hereof. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than one foot.
VICIOUS ANIMAL
Any animal that has attacked a human being, another domestic animal,
or protected wild animal one or more times without provocation, as documented
and determined by the local Canine Control Officer or others fulfilling the
duties of the Canine Control Officer as designated by the Chief of Police.
Whoever violates any provision of this article dealing with vicious animals shall be fined not more than $90 for a first offense, in addition to any other penalties as may be appropriately applied under any federal, state or local provision. When any person is found guilty of a second offense of this article, such person may be imprisoned for not more than 60 days and shall be fined $1,000, which fine shall be mandatory and shall not be suspended or remitted. In addition, any vicious animal which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment such vicious animal represents a continuing threat of serious harm to human beings or other domestic animals or protected wild animals. The owner of said vicious animal shall be responsible for all damage and/or injuries as a result of actions by said animal. Any person found guilty of violating §
153-7 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any animal for the protection of the public and such other expenses as may be required for the destruction of any such animal.
Section
153-7A and
B are necessary controls on the unrestrained activity of vicious animals which threaten the safety and pleasantness of streets, parks, sidewalks, yards and all areas of the Town, and lack of knowledge or lack of intent is not a defense to a violation thereof.