The text
Sec. 3-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer means the person employed by the town as its enforcement officer and shall include any police officer of the town.
At large. Any dog shall be deemed to be at large when it is off the property of his owner and not under control of a competent person.
Dog pound means any premises designated by action of the town for the purpose of impounding and caring for all animals found running at large in violation of this chapter.
Exposed to rabies. A dog has been exposed to rabies within the meaning of this chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.
Kennel means any person engaged in the commercial business of breeding, buying, selling or boarding dogs or for hobby and recreation.
Owner means any person owning, keeping or harboring a dog.
Restraint. A dog is under restraint within the meaning of this chapter if he is controlled, or at "heel" beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
Spayed female means any bitch which has been operated upon to prevent conception.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 1)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 3-2. - Enforcement.#
The provisions of this chapter shall be enforced by the animal control officer and any police officer of the town.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 7; Ord. of 11-11-71, § 2)
Sec. 3-3. - Penalty for violations.#
Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be fined in accordance with section 1-4. Upon conviction of any person for violation of this chapter, the court convicting such person may authorize the animal control officer to destroy the animal which is the subject of the offense for which the person is convicted. All money received as fines hereunder shall be credited to the dog fund of the town.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 4)
Sec. 3-4. - Redemption of impounded dogs or other animals.#
(a)
The owner shall be entitled to regain possession of any impounded dog or other animal, except as hereinafter provided in the cases of certain dogs, at any time upon the payment of impoundment fees set forth herein.
(b)
Any dog or other animal impounded under the provisions of this chapter and not reclaimed by its owner within five (5) days, may be humanely destroyed by the animal control officer, or placed in the custody of some person deemed to be a responsible and suitable person, who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the animal control officer.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 5)
Sec. 3-5. - Impoundment fees.#
Any animal impounded under this chapter may be reclaimed as herein provided upon payment by the owner to the animal control officer of the required impoundment fees which shall be set from time to time and a schedule of such fees is on file in the town clerk's office.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 6)
Sec. 3-6. - Confinement of certain dogs and other animals.#
(a)
The owner shall confine within a building or secure enclosure, every known fierce, dangerous or vicious dog or other animal, and not take such dog or other animal out of such building or secure enclosure unless such dog or other animal is securely muzzled. Secure enclosures may include fences capable of confining such dog or other animal but shall not include so-called electronic or invisible fences.
(b)
Every female dog or other animals in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel or under control of a competent agent, in such a manner that such female dog or other animals cannot come in contact with another dog or animal, except for intentional breeding purposes.
(c)
Any animal described in the foregoing subsections of this section found at large or not confined as prescribed, may be impounded by the animal control officer or the owners thereof may be cited to appear in the district court to answer charges of violation of this section. If the animal is impounded, and if the owner is known, the officers shall notify the owner within seventy-two (72) hours from the time the animal is impounded for a hearing to determine whether there has been a violation of this section.
Comment Text (parent not a footnote)(Code of 11-11-71, § 7; Ord. of 11-9-95(1))
Sec. 3-7. - Nuisance abatement.#
(a)
The keeping or harboring of any dog, or other animal or fowl, whether licensed or not, which by unreasonable and habitual howling, yelping, barking or other noise disturbs or annoys three (3) or more persons having separate residences is unlawful and is hereby declared to be a public nuisance and each day shall constitute a separate offense.
(b)
It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the same is hereby declared to be a nuisance and any such animal may be impounded by the animal control officer whenever it shall be alleged in writing by three (3) or more persons having separate residences, or regularly employed in the neighborhood that any animal is a nuisance by reason of barking, howling, yelping or other noise, trespassing, causing damage to property, or is vicious or in any manner causing undue annoyance, the animal control officer if he/she finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated.
(c)
If the nuisance is not abated, the animal control officer may impound the animal and/or notify the owner to appear before the district court for a hearing to determine if there has been a violation of this section. Each day shall constitute a separate offense.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 8; Ord. of 11-14-96; Ord. of 2-12-98)
Sec. 3-8. - Miscellaneous provisions.#
All complaints made under the provisions of this chapter shall be made to the animal control officer or the police department, and may be made orally; provided, however, that such complaint is within forty-eight (48) hours, reduced to writing on forms provided by the animal control officer and shall be signed by the complainant showing his address and telephone number, if any.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 9)
Sec. 3-9. - Records.#
(a)
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his custody.
(b)
It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation of the same.
Comment Text (parent not a footnote)(Ord. of 11-11-71, § 10)
Sec. 3-10. - Keeping of hogs.#
No person shall keep or cause, suffer or permit to be kept any hog in this town to the annoyance of his neighbors.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Sec. 3-11. - Keeping of fowl.#
No person shall keep in this town, or cause, or allow to be kept, any fowl of any kind to be kept in any part of a dwelling house or allow any fowl to go at large off his premises.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 2)
Sec. 3-12. - Disposal of carcasses of dead animals.#
If any domestic animal shall die, the owner or person having charge thereof shall forthwith cause the body of the same to be sanitarily disposed of by burial or by burning or shall remove the body from the town.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 4)
Sec. 3-13. - Keeping animals where food served.#
No person shall keep any dog or other animal in any place of business where food is served without first obtaining a permit from the town council.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 3)
Sec. 3-14. - Fees, renewal.#
The annual fee for each permit and/or license required to be obtained under this chapter shall be set from time to time and a schedule of such fees is on file in the town clerk's office. All money received hereunder shall be credited to the dog fund of the town. All permits and/or licenses shall expire on the thirtieth (30th) day of April of each year, and application for renewal must be made annually.
Comment Text (parent not a footnote)(Ord. of 6-14-45(2), § 5; Ord. of 7-8-99, § 1)
Sec. 3-15. - Animals prohibited from town ballfields.#
(a)
It shall be unlawful for any person to allow or permit any animal to trespass on any ballfield within the town and the same is hereby declared to be a nuisance.
(b)
Ballfield is defined as any area owned and maintained by the town for ballgames including, but not limited to baseball, softball, soccer and tennis.
Comment Text (parent not a footnote)(Ord. of 7-9-92)