Vicious Animals Prohibited - 6.07

It shall be unlawful for any person to own, keep, harbor or possess any vicious animal anywhere in the town except as provided in Chapter 6.10 Guard Dogs of Title 6 Animals.

An animal shall not be deemed a vicious animal by reason of having bitten or attacked the following:

1. Any person engaged in the unlawful entry into or upon the animal owner’s property where such animal is kept;
2. Any person engaged in the unlawful entry into or upon the animal owner’s automobile or other vehicle wherein such animal is confined, or which is parked in or upon the owner’s property;
3. Any person engaged in attempting to stop an altercation between such animal and another animal.
4. Any person engaged in attempting to touch or move such animal when it is sick or injured.

For the purpose of this Chapter, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this State or Town, or the laws or postal regulations of the United States, or when he is on such property upon the invitation, expressed or implied, of the owner thereof.

It shall be the duty of the code enforcement officer to investigate all complaints concerning vicious animals.

If the code enforcement officer deems an animal to be vicious, he shall issue a citation to the owner of the animal summoning the owner into the municipal court

The code enforcement officer shall seize and impound any vicious animal whether or not said vicious animal is on or off the premises of the owner. After making every reasonable attempt to seize such animal, including the solicitation of assistance from the animal’s owner, if such owner be immediately ascertainable and available, and if the code enforcement officer determines that the vicious animal cannot be seized without exposing himself and/or other persons to danger of personal injury from such vicious animal, it shall be lawful for the officer to destroy such animal.

Upon a finding of guilty to the charge of possessing a vicious animal at the municipal court, the judge shall order the owner to restrict the animal as prescribed in Chapter 6.10 Guard Dogs of Title 6 Animals, or shall order the animal’s owner to remove the animal from the Town or shall order that the animal be destroyed by the code enforcement officer in an approved, humane manner.

Any vicious animal impounded pursuant to Section 6.07.060 Seizure and control of vicious animal of this Chapter shall be held for a continuous period of ten (10) days for rabies observation quarantine.

The owner of the animal shall be responsible for and shall pay all costs of impoundment, including any costs for euthanasia of the animal.