Chapter 66 DOGS AND OTHER ANIMALS.
Section 66-8 DANGEROUS DOGS AND
VICIOUS DOGS
A.
Definitions:
1. A
“dangerous dog” means a canine or canine crossbreed
which has bitten, attacked, or inflicted injury on a person or
companion
animal, other than a dog, or killed a companion animal.
2. A
“vicious dog” means a canine or canine crossbreed which
has (i) killed a person; (ii) inflicted serious injury to a person,
including
multiple bites, serious disfigurement, serious impairment of health, or
serious
impairment of a bodily function; or (iii) continued to exhibit the
behavior
which resulted in a previous finding by a court that is a dangerous
dog,
provided that its owner has been given notice of that finding.
3.
Notwithstanding the definitions above, no canine or
canine crossbreed shall be found to be a dangerous dog or vicious dog
solely
because it is a particular breed, nor shall the local governing body
prohibit
the ownership of a particular breed of canine or canine crossbreed. No
animal
shall be found to be a dangerous dog or vicious dog if the threat,
injury or
damage was sustained by a person who was (i) committing, at the time, a
crime
upon the premises occupied by the animal’s owner or custodian, (ii)
committing,
at the time, a willful trespass or other tort upon the premises
occupied by the
animal’s owner or custodian or (iii) provoking, tormenting, or
physically
abusing the animal, or can be shown to have repeatedly provoked,
tormented,
abused, or assaulted the animal at other times. No police dog which was
engaged
in the performance of its duties as such at the time of the acts
complained of
shall be found to be a dangerous dog or a vicious dog. No animal which,
at the
time of the acts complained of, was responding to pain or injury, or
was
protecting itself, its kennel, its offspring, or its owner or owner’s
property,
shall be found to be a dangerous dog or a vicious dog.
B.
Procedures for Determining a Dog to be Dangerous or Vicious
1.
Any Animal Control Officer who has reason to believe that
a canine or canine crossbreed within his jurisdiction is a dangerous
dog or
vicious dog shall apply to a magistrate of the jurisdiction for the
issuance of
a summons requiring the owner or custodian, if known, to appear before
a
General District Court at a specified time. The summons shall advise
the owner
of the nature of the proceedings and the matters at issue. The Animal
Control
Officer or owner shall securely confine the animal in a humane matter
until
such time as evidence shall be heard and a verdict rendered. The court,
through
its contempt powers, may compel the owner, custodian or harborer of the
animal
to produce the animal.
2. In
addition to Paragraph 1, Subsection B of this Section
66-8, an Animal Control Officer may determine, after investigation,
whether a
dog is a dangerous dog. If the Animal Control Officer determines that a
dog is
a dangerous dog, he may order the animal’s owner to comply with the
provisions
of the ordinance. If the animals owner disagrees with the Animal
Control
Officer’s determination, he may appeal the determination to the General
District Court for a trial on the merits.
C.
Disposition of Dangerous or
Vicious Dogs
1.
Vicious Dog – If, after hearing the evidence, the court
finds that the animal is a vicious dog, the court shall order the
animal
euthanized in accordance with the provisions of Section 3.1-796.119
2.
Dangerous Dog –
a.
If, after hearing the evidence, the court finds that the
animal is a dangerous dog, the court shall order the animal’s owner to
comply
with the provisions of the ordinance.
b.
The owner of any animal found to be a dangerous dog
shall, within ten days of such finding, obtain a dangerous dog
registration
certificate from the local Animal Control Officer for a fee of fifty
dollars in
addition to other fees that may be authorized by law. (i) All
certificates or
renewals thereof required to be obtained under this section shall only
be
issued to persons eighteen years of age or older who present
satisfactory
evidence that the animal has been neutered or spayed. (ii) All
certificates or
renewals thereof required to be obtained under this section shall only
be
issued to persons who present satisfactory evidence that the owner has
liability insurance coverage, to the value of a least $50,000.00 that
covers
animal bites. The insurance policy shall contain a provision requiring
that the
Town be named as an additional insured party and that the Town shall be
notified by the insurance company of any cancellation, termination, or
expiration of the policy. The local Animal Control Officer shall also
provide
the owner with a uniformly designed tag which identifies the animal as
a
dangerous dog. The owner shall affix the tag to the animal’s collar and
ensure
that the animal wears the collar and tag at all times. All certificates
obtained pursuant to this paragraph shall be renewed annually for the
same fee
and in the same manner as the initial certificate was obtained.
c.
All certificates or renewals thereof required to be
obtained under this section shall only be issued to person eighteen
years of
age or older who present satisfactory evidence (i) of the animal’s
current
rabies vaccination, if applicable, and (ii) that the animal is and will
be
confined in a proper enclosure or is and will be confined inside the
owner’s
residence or is and will be muzzled and confined in the owner’s
fenced-in yard
until the proper enclosure is constructed. In addition, owners who
apply for
certificates or renewals thereof under this section shall not be issued
a
certificate or renewal thereof unless they present satisfactory
evidence that
(i) their residence is and will continue to be posted with clearly
visible
signs warning both minors and adults of the presence of a dangerous dog
on the property
and (ii) the animal has been permanently indentified by means of a
tattoo on
the inside thigh or by electronic implantation.
d.
While on the property of its owner, an animal found to be
a dangerous dog shall be confined indoors or in a securely enclosed and
locked
structure of sufficient height and design to prevent its escape or
direct
contact with or entry by minors, adults, or other animals. The
structure shall
be designed to provide the animal with shelter from the elements of
nature.
When off its owner’s property, an animal found to be a dangerous dog
shall be kept
on a leash and muzzled in such a manner as not to cause injury to the
animal or
interfere with the animal’s vision or respiration, but so as to prevent
it from
biting a person or another animal.
e. If
the owner of an animal found to be a dangerous dog is
a minor, the custodial parent or legal guardian shall be responsible
for
complying with all requirements of this section.
f.
After an animal has been found to be a dangerous dog, the
animal’s owner shall immediately, upon learning of same, notify the
local
Animal Control Authority if the animal (i) is loose or unconfined; (ii)
bites a
person or attacks another animal; (iii) is sold, given away, or dies;
or (iv)
has been moved to a different address. If the dangerous dog is sold,
given
away, or has been moved to a different address, the previous owner will
provide
local Animal Control Authorities with the name, address, and telephone
number
of the new owner, who must also comply with the requirements of this
ordinance.
g.
The owner of any animal which has been found to be a
dangerous dog who willfully fails to comply with the requirements of
the
ordinance shall be guilty of a Class I misdemeanor.
D.
Fees; Training
All
fees collected pursuant to the ordinance, less the costs incurred by
the Animal
Control Authority in producing and distributing the certificates and
tags
required by the ordinance, shall be paid into a special dedicated fund
in the treasury
of the locality for the purpose of paying the expense of any training
course
required under Section 3.1-796.105.
(Ord.
No. 15-99 Amended Entire
Section 8-23-99-Effective Upon Passage)