§ 90.001 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGGRESSIVE DOG. Any dog that, in the opinion of any law enforcement officer or animal control officer of the town, or any peace officer as defined by state statute, who is demonstrating threatening or aggressive behavior by which an attack on a human or domestic animal appears immanent or probable, whether or not such attack has actually occurred, when such dog is at large.

ANIMAL. All vertebrate and invertebrate animals such as, but not limited to, any dog, cat, bovine, cattle, horses and other equines, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild mammals, herptile (including reptiles and amphibians), fish, or birds that have been tamed, domesticated, or captivated.

ANIMAL BITE. Any penetration of the skin by the teeth or claws of an animal.

ANIMAL CONTROL OFFICER. The person or persons designated by the Chief of Police as an enforcement officer for this chapter. It includes all police officers of the town.

ANIMAL SHELTER. Any premises officially designated by the town for the purpose of impounding and caring for all animals found in violation of this chapter. Nothing herein shall be construed as a requirement for the town to operate an ANIMAL SHELTER.

AT LARGE. An animal or fowl which is free of physical restraint beyond the boundaries of the property of its owner or keeper

CAT. Any cat and every other animal of feline species.

CATTERY. Any premises or place where there is being maintained or harbored a total of four or more cats over six months of age, except veterinary hospitals.

CONFINED ON THE PREMISES. The condition in which a dog or cat is securely and physically confined and retained on and within the premises of the owner or keeper by means of walls or fences or similar devices.

DANGEROUS DOG.

(1) Any dog that:

(a) Has inflicted severe injury on a human being without provocation on public or private property;

(b) Has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing, and the dog thereafter aggressively bites, attacks, or endangers the safety of humans; or

(c) Has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter attacks a dog which results in the death of said dog either on public or private property.

(2) Any dog referred to herein as a vicious dog is considered to be the same as DANGEROUS DOG by this definition.

DOG. Any dog or other animal of the canine species.

HERPTILE. Any reptile or amphibian including but not limited to snakes, lizards, chelonians, crocodilians, frogs, toads, salamanders, and caecilians and other cold-blooded vertebrates excluding fish.

HUTCH. Any box, coop, or structure separated from other structures on all sides by wire, boards, or other materials, and which is designed as a separate compartment for the keeping of rabbits.

HARBORING. Any person who allows any animal to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure, or place of business or any other premises in which such person resides or controls shall be considered as HARBORING such animal.

KENNEL. Any place other than a federal, state, or municipal facility, veterinary hospital, or medical research institute where there is being maintained or harbored a total of four or more dogs, over two months of age which are kept, harbored, boarded, sheltered, or bred.

LIVESTOCK. Any cattle, horses, sheep, goats, llamas, donkeys, mules, and swine.

OWNER. Any person or group of persons possessing, keeping, harboring, having an interest in, or having custody or control of an animal or animals.

PET PLACEMENT PARTNER. An animal welfare organization or breed rescue group which has:

(1) Provided the Police Department with a cover letter accompanied by a copy of the certificate of incorporation and a copy of their bylaws. The cover letter shall address the approved animal rescue group’s procedures for animal care and adoption, and a list of no less than three individuals who are authorized to sign for receipt of animals from the Police Department or designee of the Chief of Police; and

(2) Entered into an agreement with the Town Board for receipt of the animals, which requires, among other things, that animals received from the Police Department to be vaccinated and spayed/neutered prior to adoption.

POTENTIALLY DANGEROUS DOG. Any dog that:

(1) When unprovoked inflicts bites on a human either on public or private property; or

(2) When unprovoked attacks a dog which results in the death of said dog either on public or private property.

RABIES EXPOSURE. Any and all forms of exposure or suspected exposure to rabies virus or resulting from a scratch, bite, or contact with saliva, or neurological tissue and fluids of infected animals, or animals suspected of such rabies infection.

RESTRAINT. A dog or cat is under restraint within the meaning of this chapter if it is controlled by a leash not more than eight feet in length, or confined on the premises of his or her owner or keeper.

STRAY. Any animal which does not appear, upon reasonable inquiry, to have an owner.

TAGGED ANIMAL. Any animal able to be identified by visible marking, such as a metal tag, or by a microchip.

UNCONFINED DANGEROUS DOG. A dangerous dog that is not in a PROPER ENCLOSURE OF A DANGEROUS DOG, the latter term meaning: while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure with at least 150 square feet of space for each dog kept therein which is over six months of age, and which is suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

VICIOUS ANIMAL or DANGEROUS ANIMAL. Any animal, other than a dog, which has on one or more occasions attacked or bitten either a human or a domestic animal.

WEBSITE.

(1) Any a set of related web pages or pages located under a single domain name, which is owned or operated by the town or its representatives.

(2) Forms of social media like Facebook, Instagram, and Twitter are all considered WEBSITES for the purposes of this text.

(Prior Code, § 4-101)

§ 90.002 APPLICATION OF REGULATIONS.

The provisions of this chapter shall apply to the keeping, owning, and harboring of every animal within the corporate limits of the town.

(Prior Code, § 4-102)

§ 90.003 ANIMALS AT LARGE.

(A) No owner shall permit any animal, except a cat, owned, harbored, or kept by him or her to be at large within the town.

(B) It is unlawful for any animal to be at large at any time within the town.

(1) It is unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large.

(2) It is unlawful for any person to stake, confine, or pasture any animal on any public school ground or on any other public property whether federal, state, municipal, or other, or on any railroad right-of-way, or on any property without the consent of the person owning or controlling such property.

(Prior Code, § 4-103) Penalty, see § 10.99

§ 90.004 NUISANCES.

It is unlawful to allow an animal to be a nuisance or to own or harbor an animal that is determined to be a nuisance. An animal is determined to be a nuisance when:

(A) By loud, frequent, or habitual barking, howling, yelping, or other noise or action disturbs any person or neighborhood within the town limits;

(B) Any animal which scratches or digs into any flowerbed, garden, tilled soil, or shrubbery, and in so doing injures the flower bed, garden, tilled soil, or shrubbery;

(C) When an animal habitually prowls around or over any premises not the property of its owner to the annoyance of the owner or occupant of such premises;

(D) When an animal overturns any garbage can or vessel for waste products, or scatters the contents of such garbage can or vessel; provided, in the event that the owner, keeper, or person having control of an animal or fowl is unable to prevent the overturning of a garbage can or vessel for waste products, or scattering the contents thereof in violation of this section, it shall be the duty of such person to properly clean up and properly dispose of the scattered contents and shall be unlawful to fail to fulfill that duty;

(E) When an animal which chases or kills any fowl or animal owned by another, or that is located upon public property, or that is located upon any common area with a neighborhood;

(F) When female dog is in season and at large; and

(G) When urinating or defecating on sidewalks, public parks, alleys, other places open to the public or on the private property of another; provided, in the event that the owner, keeper, or person having control of an animal or fowl is unable to prevent the deposit of waste material in violation of this section, it shall be the duty of such person to properly dispose of such waste material and it shall be unlawful to fail to fulfill that duty.

(Prior Code, § 4-104) Penalty, see § 10.99

§ 90.005 REMOVAL OF DEAD ANIMALS.

The owner or any person having charge of any animal dying in the town shall, within 24 hours after the death of such animal, remove its carcass, and failure so to do shall constitute an offense.

(Prior Code, § 4-105) Penalty, see § 10.99

§ 90.006 AUTHORITY TO INSPECT.

Any animal control officer or police officer of the town, upon complaint of any person or on his or her own initiative, shall inspect any structure or place where an animal is kept. The officer may issue any such reasonable order as he or she may deem necessary to the owner of the animal to cause the animal to be kept as provided in this chapter or in a manner so as not to constitute a nuisance. The officer may make a complaint before the Municipal Judge against any person for violation of any provision of this chapter or of any such reasonable order, but this procedure shall not abridge the right of others to make such complaint.

(Prior Code, § 4-106)

§ 90.007 ANIMAL SHELTER.

(A) The town, by resolution of the Board of Trustees, may establish an animal shelter which shall be under the control of the animal control supervisor who is appointed and supervised by the Chief of Police. The animal control supervisor shall provide proper sustenance for all animals impounded and shall treat them in a humane manner. The animal control supervisor also ensures compliance of the shelter facility with all applicable local, state, and federal regulations.

(B) Provided further that:

(1) The town may contract for the use of a shelter maintained by another governmental entity, or private party, approved by the Chief of Police. The owner of said animal shall be responsible for all associated reasonable costs of keeping the animal prior to the animal being released to the owner;

(2) The town may place impounded animals with a pet placement partner. A PET PLACEMENT PARTNER means an animal welfare organization or breed rescue group which has:

(a) Provided the Police Department with a cover letter accompanied by a copy of the certificate of incorporation and a copy of their bylaws. The cover letter shall address the approved animal rescue group’s procedures for animal care and adoption, and a list of no less than three individuals who are authorized to sign for receipt of animals from the Police Department or designee of the Chief of Police; and/or

(b) Entered into an agreement with the Town Board for receipt of the animals, which requires, among other things, that animals received from the Police Department to be vaccinated and spayed/neutered prior to adoption and that the town’s liability for maintaining said animal shall not extend beyond 72 hours, at which time the town may euthanize the animal. If the PET PLACEMENT PARTNER opts, the pet placement partner may assume full responsibility for the animal in lieu of euthanasia.

(3) In lieu of a placement with a shelter or pet placement partner, an animal control or police officer may hold an impounded animal at any veterinary hospital or licensed kennel. The owner of said animal shall be responsible for all associated reasonable costs of keeping the animal prior to the animal being released to the owner.

(4) The Board of Trustees by motion or resolution shall determine the fees to be charged for impounding and keeping animals. In computing the fee, a fraction of a day during which an animal has been fed shall be deemed a full day.

(5) Any person redeeming an impounded animal shall pay the required fees to the Town Clerk/Treasurer and present his or her receipt therefor to the person in charge of the pound or other person holding the animal on behalf of the town before the latter releases the animal.

(6) Subject to the other provisions in this chapter, an owner of an impounded animal or his or her agent may redeem the animal, prior to its sale or destruction as provided for in this chapter, by paying the required fees against the animal and meeting any other requirements which may be prescribed in this chapter. However, when in the judgment of the animal control or other officer an animal should be destroyed for humane reasons, such animal may not be redeemed.

(7) If an impounded animal cannot be adopted or is not redeemed within 72 hours, the animal control supervisor or other officer of the town may have the animal destroyed.

(Prior Code, § 4-107)

§ 90.008 IMPOUNDMENT OF ANIMALS.

The animal control officer, a police officer, or such other officer or employee of the town may take into custody and impound any animal running at large or in violation of any provision of the ordinances of the town and may enter upon the premises of the owner or other private premises to take such animal into custody.

(A) A description of the animal, the date impounded, and the place of impoundment shall be kept by the Chief of Police or designee. If the owner can be identified by tag or otherwise, the officer shall send notice to the owner orally by telephone or in writing at the address on the town’s registration records that unless claimed by the owner, the animal will be disposed of as provided in this chapter.

(B) As soon as practicable after any animal has been impounded, the animal control officer or other employee or officer impounding the animal shall post a notice thereof on the Police Department website. The notice shall describe the animal and notify the owner to pay the charges thereon and remove the animal prior to a designated time. The notice shall also state that, unless the animal is redeemed, the animal will be offered for adoption or destroyed.

(Prior Code, § 4-108)

§ 90.009 EUTHANASIA OF ANIMALS.

(A) Except for animals subject to hearing and notice procedures set forth in this chapter, all animals taken into custody as provided in this chapter may be destroyed after 72 hours by the officer or employee of the town in charge of such animal, or by the animal control officer, provided the animal is not redeemed or claimed as provided by ordinance. Vicious, dangerous, aggressive, or suspected diseased animals may be immediately euthanized or otherwise destroyed as necessary to preserve the public peace and safety.

(B) (1) All animals euthanized under the control of the town shall utilize lethal injection for the method of euthanasia, with the exception of aggressive, vicious, dangerous, injured, or suspected diseased animals found at large.

(2) Officers of the town many destroy those animals by the most prudent and humane means possible given the circumstances.

(Prior Code, § 4-109)

§ 90.010 SHELTER BREAKING PROHIBITED.

It shall be unlawful for any person to break or attempt to break open the shelter or other place of impoundment, or take or let out any animal therefrom, or to take or attempt to take from any officer or employee of the town any animal taken into custody as provided by this chapter.

(Prior Code, § 4-110) Penalty, see § 10.99

§ 90.011 INTERFERENCE WITH ANIMAL CONTROL.

It is an offense to, in any manner, interfere with or hinder an officer or employee in the discharge of his or her duties relating to the taking into custody and impounding of animals as provided in part or in the enforcement of any provision of this chapter.

(Prior Code, § 4-111) Penalty, see § 10.99

§ 90.012 FAILURE TO APPEAR.

If a person fails to appear in response to a citation issued pursuant this chapter, a warrant for his or her arrest may be issued. Any person who willfully fails to appear in response to a citation is guilty of an offense.

(Prior Code, § 4-112) Penalty, see § 10.99

§ 90.013 DUTY UPON STRIKING ANIMAL OR FOWL.

Every person who strikes any animal or fowl with a vehicle and injures or kills such animal or fowl shall notify the Police Department immediately after the occurrence and shall give the time and place of the injury or death, a description of the animal or fowl, and the name and address of the person making the report. Drivers of emergency vehicles shall notify the Police Department at the earliest convenient time.

(Prior Code, § 4-113)

§ 90.014 FOUND ANIMALS.

Any person who takes in a stray animal which he or she does not own shall report possession of such animal to the Police Department within 24 hours, providing his or her name, address, and telephone number, a true and complete description of the animal, and the circumstances under which the animal came into his or her possession.

(Prior Code, § 4-114)

§ 90.015 EXCEPTIONS.

Police service dogs, and dogs of search and rescue organizations, while on duty, shall be exempt from the provisions of this chapter, provided such dogs are under supervision.

(Prior Code, § 4-115)

§ 90.016 ZONING ORDINANCE SUPERSEDES.

Should any portion of this chapter be found to be in conflict with the zoning ordinance of the town, then the zoning ordinance shall supersede this chapter and the requirements of the zoning ordinance shall prevail and be applicable.

(Prior Code, § 4-116)

§ 90.030 RABIES VACCINATION REQUIRED.

(A) All dogs and cats four months of age and older that are owned, kept, possessed, or harbored within the town shall be vaccinated against rabies by or under the direct supervision of a licensed veterinarian, and the vaccine to be used shall be the rabies vaccines listed in the most recent “Compendium of Animal Rabies Control” as published by the Centers for Disease Control.

(B) Rabies vaccine shall be recognized for the duration of the vaccine used, for example, vaccines with a labeled duration of one year, two years, or three years will be recognized for one year, two years, or three years, respectively.

(C) A rabies vaccination need not be obtained for a nonresident dog or cat which is currently vaccinated for rabies by a licensed veterinarian or which is visiting in the town and is in the custody of its owner for a period of 30 days or less, or when a veterinarian licensed in the state certifies in writing that it would be detrimental to the animal’s health to be vaccinated and places the animal on a health hold. If a veterinarian releases the animal from the health hold, the animal shall be vaccinated within ten days of release.

(D) On demand of any officer of the town or other authorized official, the owner or keeper of any dog or cat must present a completed and signed vaccination certificate for the animal that includes the type and duration of the vaccine administered.

(Prior Code, § 4-201)

§ 90.031 DOGS AT LARGE.

(A) No person shall permit any dog to run at large anywhere out-of-doors in the town, unless said dog is on a leash.

(B) If on a leash, said leash must be held by a person capable of controlling the dog, and leaving an unattended dog fastened to a leash shall not be deemed to comply with the requirements of this section.

(C) Subject to § 90.032, this section shall apply to all public places and to all private property.

(Prior Code, § 4-202) Penalty, see § 10.99

§ 90.032 FENCING REQUIRED.

If a dog is left unattended out-of-doors, it must be contained in a yard with a fence adequate to prevent the dog from leaving the yard, and adequate to prevent another dog or a child from entering that yard.

(Prior Code, § 4-203)

§ 90.033 ID TAG REQUIRED.

(A) All dogs within the town are required to wear a collar with a tag affixed indicating the name, current address, and current phone number of the dog owner.

(B) It is unlawful to keep or harbor a dog without an identification tag affixed to the collar and the dog wearing the collar. Proof of rabies vaccination must also be attached to the collar.

(Prior Code, § 4-205) Penalty, see § 10.99

§ 90.045 ZONING REQUIREMENTS.

It is unlawful to keep or harbor cows, sheep, goats, cattle, horses, and other livestock of any kind within the town limits unless they are kept upon land that is appropriately zoned for agricultural use.

(Prior Code, § 4-301) Penalty, see § 10.99

§ 90.046 SPECIFIC ENCLOSURES REQUIRED.

It is unlawful for anyone to keep cows, sheep, goats, cattle, or other livestock of any kind, except horses, within the limits of the town unless they are kept within an enclosure or fence, and provided the enclosure has at least one acre for each five animals kept, or 8,700 square feet for each animal kept.

(Prior Code, § 4-302) Penalty, see § 10.99

§ 90.047 ENCLOSURE DISTANCE FROM DWELLING.

Any enclosure containing animals shall be located so that no part shall be any closer than 100 feet to dwelling quarters of any person other than the owner or custodian of such animals or from any other occupied building.

(Prior Code, § 4-303)

§ 90.048 BARNS AND STABLES.

(A) No person shall construct or maintain any barn, stable, shed, or other enclosure or covering for housing or keeping livestock, unless the stable, shed, enclosure, or covering is located at the farthest possible practicable point from the public street adjoining and nearest thereto, and is not closer than 100 feet to any residence, church, school building, or other structure occupied by humans.

(B) Provided, however, that this section shall not apply to veterinary hospitals or medical research institutes.

(Prior Code, § 4-304) Penalty, see § 10.99

§ 90.049 HERDING PROHIBITED.

No person may drive or herd any livestock through the streets or public areas of the town, except by permission of the Town Manager.

(Prior Code, § 4-305)

§ 90.050 GRAZING PROHIBITED.

No person shall permit the livestock to enter or graze upon any public or private park, or upon any premises other than those belonging to the owner of the livestock, without the consent or permission of the person lawfully in possession thereof.

(Prior Code, § 4-306) Penalty, see § 10.99

§ 90.051 HORSES.

It is unlawful for anyone to keep a horse within the limits of the town unless:

(A) The horse is kept within an enclosure or fence with at least one acre (43,560 square feet) available. This section should not be construed to prevent the existence of runs or pens upon the required acre, but does require a minimum of one full fenced acre for all such fences and pens to be contained within;

(B) No more than two horses are kept per each acre of land; and

(C) Any enclosure containing a horse or horses that is located upon a tract of land less than five acres in size shall be located so that no part shall be any closer than 100 feet to dwelling quarters of any person or any other inhabited or occupied structure other than the owner or custodian of such animals.

(Prior Code, § 4-307) Penalty, see § 10.99

§ 90.052 SWINE PROHIBITED.

It is unlawful to keep swine within the town limits unless kept on property of ten acres or more which is properly zoned for agricultural purposes.

(Prior Code, § 4-308) Penalty, see § 10.99

§ 90.053 NOTICE OF VIOLATION.

(A) Any person keeping livestock within the town limits or any person keeping horses within the town limits in violation of this chapter shall be first entitled to one three-day notice to remove the animal from the town limits.

(B) Any violation of this section thereafter shall be deemed an offense. Each and every violation or omission of a required act and each and every day of a continued violation after one three-day notice period shall be deemed a separate offense. A person is not entitled to any notice for additional offenses after the first notice shall have been given.

(Prior Code, § 4-309)

§ 90.054 FEEDLOTS AND STOCKYARDS PROHIBITED.

It is unlawful to establish, operate, or maintain a commercial feedlot operation or commercial stockyards within the town limits.

(Prior Code, § 4-310) Penalty, see § 10.99

§ 90.065 RABBITS PERMITTED.

The raising of rabbits by a private individual for his or her personal use and consumption is permitted within the town limits, if:

(A) The land upon which the rabbits are kept is appropriately zoned for agricultural use;

(B) The keeper maintains proper hutches and other facilities for the care and containment of the animals while they are in his or her possession;

(C) The keeper maintains proper sanitary conditions as required by town ordinances;

(D) The animals are not allowed to roam at large;

(E) Odors or noises from such keeping do not constitute a nuisance; and

(F) Rabbit hutches are located at least 100 feet from any residence or occupied structure other than that of the owner of the hutches.

(Prior Code, § 4-401)

§ 90.066 RABBIT HUTCHES.

Any person having more than two rabbits shall utilize rabbit hutches and the following requirements apply.

(A) Each hutch shall be of sufficient size to accommodate a mature rabbit.

(B) The roof of the hutch and the area over the hutch shall be sufficiently wide to protect the hutch and the area surrounding the hutch from manure, drops of moisture, and other refuse.

(C) Hutches shall be constructed so that they can be cleaned easily.

(D) Each hutch shall have wired openings in the front and back.

(E) All rabbit hutches shall be constructed to provide ample ventilation through, under, and over the hutches.

(Prior Code, § 4-402)

§ 90.067 SANITARY REQUIREMENTS.

Any person having more that two rabbits shall comply with the following requirements.

(A) Each rabbit hutch and all other buildings and spaces in, around, and near the hutches shall be kept clean and sanitary, and:

(1) Each hutch shall be sterilized with disinfectant at least once each week;

(2) Each hutch shall be swept and cleaned at least once every 48 hours and manure and other refuse shall be disposed of at least twice each week; and

(3) No manure or other hutch waste shall be burned or disposed of in a manner that causes annoying odors to be conveyed to persons in the vicinity of the hutches.

(B) Dead rabbits must be immediately removed from in or near the hutch area and disposed of in an appropriate manner.

(C) When rabbits are butchered, the offal and other waste parts must be immediately disposed of in an appropriate manner. The offal and other waste parts must not, however, be disposed of by burning or in any manner which causes annoying odors to persons in the area.

(Prior Code, § 4-403) Penalty, see § 10.99

§ 90.068 CARE AND FEEDING.

Enough and only enough feed shall be supplied each day for the daily needs of each rabbit. Any waste feed shall be removed each day. Feed shall be placed in containers which are separated from the other parts of the hutch. All feed and water containers shall be kept clean. Surplus feed shall be stored in a place separated entirely from the hutches by solid dividing walls. The place of storage shall be constructed so that the feed does not spill upon the ground or into the hutches.

(Prior Code, § 4-404)

§ 90.069 INSPECTIONS.

Any officer of the town may enter and inspect any place where rabbits are kept to determine whether the rabbits are being kept in compliance with the provisions of this subchapter. An inspection may be made as often as the officer deems necessary. For the purposes of this section, the officer shall have the right to enter and inspect during all reasonable hours.

(Prior Code, § 4-405)

§ 90.070 EXCEPTIONS.

The provisions of this subchapter shall not apply to persons who keep two or fewer pet rabbits.

(Prior Code, § 4-406)

§ 90.085 KEEPING OF FOWL PERMITTED.

(A) The keeping of fowl within the town limits upon any land that is appropriately zoned for agricultural use is permitted in accordance with the provisions of this subchapter.

(B) It shall be unlawful to violate any provision of this subchapter.

(Prior Code, § 4-501) Penalty, see § 10.99

§ 90.086 DISTANCE FROM STRUCTURES REQUIRED.

Any fowl kept in the town limits must be maintained and kept no less than 100 feet from any residence, school, church, or business other than the residence of the owner.

(Prior Code, § 4-502)

§ 90.087 AT LARGE.

(A) Fowl shall not be allowed to run at large in the town.

(B) Domestic ducks and geese found or maintained upon common areas and public waterways are exempted.

(Prior Code, § 4-503)

§ 90.088 SANITARY REQUIREMENTS.

The area in which any fowl are maintained shall be kept clean and free from excess excreta, waste materials, dirt, and trash to minimize disease hazards and to reduce odors.

(Prior Code, § 4-504)

§ 90.089 PEN REQUIRED.

All fowl kept upon private property within the town must be penned. Domestic ducks and geese found or maintained upon common areas and public waterways are exempted.

(Prior Code, § 4-505)

§ 90.090 NUMBER OF FOWL REGULATED.

The number of fowl kept upon any property within the town shall not exceed three fowl for every 5,000 square feet of property.

(Prior Code, § 4-506)

§ 90.091 EXCEPTION.

This section does not apply to caged songbirds and exotic birds kept indoors when the keeping of such is otherwise permitted by law. Domestic ducks and geese found or maintained upon common areas and public waterways are exempted.

(Prior Code, § 4-507)

§ 90.105 WILD ANIMAL DEFINED.

For the purpose of this section, the term WILD ANIMAL means an animal which is usually not a domestic animal and which can normally be found in the wild state, with or without mean or vicious propensities, including, but not limited to, lions, tigers, leopards, panthers, bears, wolves, coyotes, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, and all forms of poisonous snakes, lynxes, raccoons, skunks, monkeys, and other like animals.

(Prior Code, § 4-601)

§ 90.106 KEEPING OF WILD ANIMALS PROHIBITED.

It is unlawful to keep or harbor any wild animal in the town limits. This section shall not apply to such animals kept for exhibition purposes only by recognized circuses, zoos, and educational institutions.

(Prior Code, § 4-602) Penalty, see § 10.99

§ 90.107 POISONOUS HERPTILES PROHIBITED.

It shall be unlawful for any person to keep or allow to be kept on his or her property any vicious or poisonous herptiles within the town. This section shall not apply to any veterinary hospital, zoo, ranch, or other place where such animals are adequately cared for with due regard for public health and safety.

(Prior Code, § 4-603) Penalty, see § 10.99

§ 90.108 SKUNKS.

It shall be unlawful for anyone to de-scent a skunk for the purpose of domesticating it or to keep or harbor a skunk within the town limits.

(Prior Code, § 4-604) Penalty, see § 10.99

§ 90.109 SONG BIRDS PROTECTED.

It shall be unlawful for any person to willfully kill any song bird or to molest or rob the nest of any fowl other than chickens or domesticated ducks.

(Prior Code, § 4-605) Penalty, see § 10.99

§ 90.110 NON-HUMAN PRIMATES.

NON-HUMAN PRIMATE shall mean any animal that is a member of the order Primata except human beings. The keeping of non-human primates within town limits is unlawful, except within a zoo, circus, or licensed research facility.

(Prior Code, § 4-606) Penalty, see § 10.99

§ 90.125 DECLARATION OF ANIMAL AS VICIOUS OR DANGEROUS.

A Judge of the Municipal Court, upon the presentment of a verified complaint by an animal control officer, law enforcement officer, or the Town Attorney, shall determine whether reasonable cause exists to believe that an animal or dog being kept at a specified location within the town is a potentially dangerous dog, dangerous dog, or vicious or dangerous animal, as defined by town ordinance. If the Municipal Judge determines that probable cause exists, the Judge shall issue an order of the Municipal Court declaring the animal a dangerous dog, potentially dangerous dog, or vicious or dangerous animal, and requiring a notice of judgment to be served on the person(s) owning, possessing, keeping, and/or harboring said dog or animal. Those who own, possess, keep, and/or harbor such dogs or animals will be required to comply with all conditions pertaining to a dangerous dog, potentially dangerous dog, or vicious or dangerous animal. It shall be unlawful for any person to own, possess, keep, or harbor a dangerous dog, potentially dangerous dog, or vicious or dangerous animal within the limits of the town contrary to the order of the Municipal Judge or contrary to any of the provisions of this subchapter.

(Prior Code, § 4-701) Penalty, see § 10.99

§ 90.126 DUTY UPON COMPLAINT.

(A) When an animal control officer, police officer, or Town Attorney intends to or actually files a complaint with the Municipal Court requesting an animal or dog be declared a dangerous dog, potentially dangerous dog, or vicious or dangerous animal, the officer shall serve the person or persons who either owns, possesses, keeps, and/or harbors the animal or dog with a written notice; provided, however, that notice to one of the aforementioned classes of persons shall be deemed notice to all.

(B) The notice shall include the date and time of issue, the date and time the matter is to be heard in Municipal Court, and the required duties of the owner or keeper until such time the matter is heard. It is unlawful to fail to adhere to the required duties after notice has been served. Those duties shall be:

(1) The animal or dog shall be kept indoors;

(2) The animal or dog shall kept in a secure fenced enclosure with locked gates that is sufficient to prevent the animal or dog from being at large and to prevent access to the animal or dog by small children or other animals;

(3) To prevent at all times the animal or dog from being at large; and

(4) To muzzle and to be in constant attendance and supervision of the animal or dog whenever the animal or dog is not in a fenced enclosure or indoors.

(Prior Code, § 4-702)

§ 90.127 COST OF ACTION.

The person owning, keeping, or harboring an animal or dog for which a complaint has been filed before the Municipal Court to declare such animal a vicious animal, or such dog a dangerous or vicious dog shall pay, upon the hearing of the matter before the Municipal Court, Court costs of $50 if the animal or dog is actually declared to be a vicious animal or a dangerous or potentially dangerous dog.

(Prior Code, § 4-703)

§ 90.128 DISMISSAL OF ACTION.

(A) If the person owning, keeping, or harboring an animal or dog for which a complaint has been filed before the Municipal Court to declare such animal a vicious animal, or such dog a dangerous or potentially dangerous dog either:

(1) Voluntarily and permanently removes the animal or dog from the corporate town limits; or

(2) Voluntarily has the animal euthanized by or under the supervision of a veterinarian licensed in the state, and provides proof to the Court that such animal has been removed or euthanized, the Court shall dismiss the action without cost.

(B) It shall be unlawful to forge or falsify proof of euthanasia, to be deceptive in declaring the animal or dog has been removed from town limits, or to return the animal or dog to the corporate limits after declaring to the Court such animal has been permanently removed.

(Prior Code, § 4-704) Penalty, see § 10.99

§ 90.129 LIMITATIONS ON DECLARATION.

No animal or dog may be deemed to be a dangerous dog, potentially dangerous dog, or vicious or dangerous animal, when:

(A) Aggressive behavior, injury, or damage is as a result of a person who was teasing, tormenting, abusing, or assaulting the animal or dog;

(B) Aggressive behavior, injury, or damage was brought about by person who was breaking and entering into any domestic residence or other property or attempting to break and enter into any domestic residence or other property, or attempting to cause harm to an owner, possessor, keeper, or one who is harboring the animal; and

(C) A police service dog, while on duty, which becomes aggressive, or inflicts injury or damage due to law enforcement action or activity while such animal is under the control or supervision.

(Prior Code, § 4-705)

§ 90.130 VICIOUS OR DANGEROUS ANIMALS UNLAWFUL.

(A) It shall be unlawful to own, possess, keep, and/or harbor an animal declared to be a vicious animal or dangerous animal within the corporate limits of the town.

(B) Each day such an animal is kept within the town shall be deemed to be a separate violation.

(Prior Code, § 4-706) Penalty, see § 10.99

§ 90.131 DANGEROUS OR POTENTIALLY DANGEROUS DOGS UNLAWFUL WITHOUT PERMIT.

(A) It shall be unlawful to own, possess, keep, or harbor a dangerous or potentially dangerous dog within the town limits unless the person who owns, possesses, keeps, or harbors the dangerous or potentially dangerous dog obtains an annual permit from the town. The following shall apply.

(1) The applicant must have the premises upon which the dangerous or potentially dangerous animal or dog is to be harbored or kept inspected by the Chief of Police or designee to ensure such premises meets the requirements of this subchapter.

(2) The applicant must present a copy of a policy of liability insurance, such as homeowner’s insurance, or surety bond, issued by an insurer qualified under 36 O.S. in the amount of not less than $50,000 insuring the owner for any personal injuries inflicted by the dangerous or potentially dangerous dog.

(3) Pays an annual fee of $10 to the town for such permit.

(B) It shall be unlawful to fail to maintain the liability insurance or bond outlined required in this section at any time a dangerous dog is owned, harbored, or kept in the corporate limits of the town.

(Prior Code, § 4-707) Penalty, see § 10.99

§ 90.132 POTENTIALLY DANGEROUS DOG PERMIT REQUIREMENTS; REVOCATION.

(A) It is unlawful for one who harbors, owns, possesses, or keeps a potentially dangerous dog to permit the dog to be unconfined or otherwise fail to meet the requirements as set forth by this section, and to this end and after obtaining the proper permit for a potentially dangerous dog such person or persons shall:

(1) Keep the dog indoors or in a fenced enclosure;

(2) Prevent the dog from being at large in the town;

(3) Place and maintain a “BEWARE OF DOG” warning sign upon each gate or entrance into the fenced enclosure where such animal is kept and to place such sign on each side of the fenced enclosure without a gate that faces a public street, private street, or alleyway;

(4) To prevent the dog from having any kind of unsupervised access to children and small animals;

(5) To maintain all fenced enclosures in a state of repair that prevents the dog from running at large, and prevents entrance by small children and other animals;

(6) To maintain a lock upon all gates and entrances to the fenced enclosure sufficient to prevent access by small children or animals;

(7) To muzzle and be in direct control of the dog anytime the dog is not indoors or within a fenced enclosure;

(8) To notify the Police Department when moving the place where the dog is kept from one location to another in the town and having any new location inspected by the Chief of Police or designee to ensure such premises meets the requirements of this section prior to actually moving, harboring, or keeping the dog at the new location; and

(9) To notify the Police Department any time the dog gets loose and is running at large.

(Prior Code, § 4-708)

(B) (1) The Chief of Police or designee may revoke a potentially dangerous dog permit when:

(a) The dog is found at large two or more times in any 12-month period;

(b) For failure to meet any of the requirements of division (A) above two or more times within any 12-month period;

(c) Failure to maintain liability insurance or bond as required in § 90.131; or

(d) The dog, without provocation, attacks or bites any person or animal.

(2) It shall be unlawful to own, possess, harbor, or keep a potentially dangerous dog within the corporate town limits after a permit has been revoked. Each day a potentially dangerous dog is owned, harbored, possessed, or kept within the town after the revocation of a permit shall be considered a separate violation.

(3) The person who owns, possesses, keeps, or harbors the dog may appeal the revocation by making written application to the Municipal Court and appearing on the next scheduled Court date; however, the dog must be removed from the corporate town limits pending the appeal.

(Prior Code, § 4-709)

§ 90.133 IMPOUNDMENT OF POTENTIALLY DANGEROUS DOGS.

(A) A potentially dangerous dog may be impounded at the owner’s expense within the corporate limits of the town anytime the dog is found to be at large. A potentially dangerous dog may also be impounded at the owner’s expense from the place where the potentially dangerous dog is harbored or kept, when:

(1) The fenced enclosure for the dog is found to be is a state of disrepair or damage so that the potentially dangerous dog could be at large, and/or small children and animals could access the place where the dog is kept;

(2) The permit has been revoked and the person who owns, possesses, keeps, or harbors the potentially dangerous dog does not remove the dog from the corporate limits of the town within 24 hours of such revocation;

(3) A person pending hearing on a potentially dangerous dog declaration fails to adhere to the requirements of § 90.126; and/or

(4) The potentially dangerous dog, without provocation, attacks or bites any person or animal.

(B) Nothing in this section prohibits the immediate impoundment or destruction of an animal when necessary for the protection of the public, property, an animal, or any person.

(Prior Code, § 4-710)

§ 90.134 DANGEROUS DOGS UNLAWFUL WITHOUT PERMIT.

(A) It shall be unlawful to own, possess, keep, or harbor a dangerous dog within the town limits unless the person who owns or harbors the dangerous dog obtains an annual permit from the town, and in such event the following shall apply.

(1) The applicant must have the premises upon which the dangerous dog is to be harbored or kept inspected by the Chief of Police or designee to ensure such premises meets the requirement of this subchapter.

(2) The applicant must present a copy of a policy of liability insurance, such as homeowner’s insurance, or surety bond, issued by an insurer qualified under 36 O.S. in the amount of not less than $50,000 insuring the owner for any personal injuries inflicted by the dangerous dog.

(3) The applicant must pay an annual fee of $10 to the town for such permit.

(B) It shall be unlawful to fail to maintain the liability insurance or bond required in this section at any time a dangerous dog is owned, possessed, harbored, or kept in the corporate limits of the town.

(Prior Code, § 4-711) Penalty, see § 10.99

§ 90.135 DANGEROUS DOG PERMIT REQUIREMENTS; REVOCATION.

(A) It is unlawful for one who harbors, owns, possesses, or keeps a dangerous dog to permit the dog to be unconfined or otherwise fail to meet requirements as set forth by this section, and to this end and after obtaining the proper permit for a dangerous dog such person or persons shall:

(1) Keep the dangerous dog indoors, or in a PROPER ENCLOSURE OF A DANGEROUS DOG said term meaning that, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure with at least 150 square feet of space for each dog kept therein which is over six months of age, and which is suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. In addition, such fenced enclosure must be contained within a separate perimeter fenced area such as a yard fence, and shall be situated so that the fenced enclosure is at least five feet from the perimeter or yard fence;

(2) Prevent the dangerous dog from being at large in the town;

(3) Place and maintain a “BEWARE OF DOG” warning sign upon the gate to the fenced enclosure containing the dangerous dog, and upon each gate or entrance into perimeter or yard fence where such dog is kept and to place such sign on each side of the perimeter or yard fence without a gate that faces a public street, private street, or alleyway;

(4) To prevent the dangerous dog from having any kind of unsupervised access to children and small animals;

(5) To maintain all fenced enclosures and perimeter fences in a state of repair that prevents the dangerous dog from running at large, and prevents entrance by small children and other animals;

(6) To maintain a lock upon all gates and entrances to the fenced enclosure and perimeter fence sufficient to prevent access by small children or animals;

(7) To muzzle and be in direct supervision and control of the dangerous dog anytime the dog is not indoors or within a fenced enclosure;

(8) To notify the Police Department when moving the place where the dog is kept from one location to another in the town and having any new location inspected by the Chief of Police or designee to ensure such premises meets the requirements of this section prior to actually moving, harboring, or keeping the dog at the new location;

(9) To maintain the dog in a crate or similar device anytime the dog is transported; and

(10) To notify the Police Department any time the dog gets loose and is running at large.

(Prior Code, § 4-712)

(B) (1) The Chief of Police or designee may revoke a dangerous dog permit when:

(a) The dangerous dog is found at large;

(b) For failure to meet any of the requirements of division (A) above two or more times within any 12-month period;

(c) Fail to maintain liability insurance or bond as required in § 90.134; or

(d) The dog, without provocation, attacks or bites any person or animal.

(2) It shall be unlawful to own, possess, harbor, or keep a dangerous dog within the corporate town limits after a permit has been revoked. Each day a dangerous dog is owned, possessed, harbored, or kept within the town after the revocation of a permit shall be considered a separate violation.

(3) The person who owns, possesses, keeps, or harbors the dangerous dog may appeal the revocation by making written application to the Municipal Court and appearing on the next scheduled Court date; however, the dangerous dog must be removed from the corporate town limits pending the appeal.

(Prior Code, § 4-713) Penalty, see § 10.99

§ 90.136 IMPOUNDMENT OF DANGEROUS DOG.

(A) A dangerous dog may be impounded at the owner’s expense within the corporate limits of the town anytime the dog is found to be at large. A dangerous dog may also be impounded at the owner’s expense from the place where the dog is harbored or kept when:

(1) The fenced enclosure or perimeter fence containing the dog is found to be is a state of disrepair or damage so that the dog could get out and be at large, and/or small children or animals could access the place where the dog is kept;

(2) The permit has been revoked and the person who owns, possesses, keeps, or harbors the dog does not immediately remove the dog from the corporate limits of the town;

(3) A person, pending hearing on a dangerous dog declaration, fails to adhere to the requirements of § 90.126; and

(4) The dog, without provocation, attacks or bites any person or animal.

(B) Nothing in this section prohibits the immediate impoundment or destruction of any animal when necessary for the protection of the public property and animal, or any person.

(Prior Code, § 4-714)

§ 90.137 INSPECTIONS.

The location upon which any vicious or dangerous dog is kept is subject to inspection at any time by any police or animal control officer of the town for the purpose of ensuring the dog is being restrained as required by this section.

(Prior Code, § 4-715)

§ 90.150 SPAYING, NEUTERING REQUIRED.

No unclaimed dogs and cats from the town shall be let for permanent adoption by the shelter, a pet placement partner, or any other person who receives such dogs and cats on behalf of the town, without the spaying or neutering of the animal prior to the animal being placed or adopted into a permanent home.

(Prior Code, § 4-801) Penalty, see § 10.99

§ 90.151 ADOPTION FEES.

(A) Persons adopting a dog or cat shall pay a fee at the time of adoption to cover the cost and expense of spaying or neutering the adopted animal.

(B) The amount of such fee shall be as established by the Town Board of Trustees.

(Prior Code, § 4-802)

§ 90.152 ADOPTION FOR RESEARCH PROHIBITED.

No live animal in the custody of the town, a pet placement partner, or any other person who receives such dogs and cats on behalf of the town shall be made available for scientific research or for other scientific purposes.

(Prior Code, § 4-803) Penalty, see § 10.99

§ 90.165 PROPER CARE REQUIRED.

The proper care and treatment of all animals possessed, kept, or harbored within the town is required. It is unlawful for any person to maltreat, neglect, or improperly confine any animal.

(Prior Code, § 4-901) Penalty, see § 10.99

§ 90.166 FEEDING AND CARE.

It shall be unlawful for any person to fail to properly care and feed any animal owned, possessed, harbored, or kept within the corporate limits of the town, and to this end the following regulations shall apply:

(A) (1) Food shall be free from contamination and of sufficient quantity and nutritive value to maintain animals in good health.

(2) Animals shall be fed at least once a day except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally accepted practices.

(3) All food receptacles shall be kept clean and sanitary.

(B) (1) Potable water shall be provided as often as necessary for the health and comfort of each animal. Frequency of watering shall consider age, species, condition, size, and type of animal.

(2) Animals shall be watered as required by applicable local, state, and federal laws. All water receptacles shall be kept clean and sanitary.

(Prior Code, § 4-902) Penalty, see § 10.99

§ 90.167 SHELTERS AND ENCLOSURES.

It shall be unlawful to provide inadequate shelter or enclosures for any animal owned, possessed, kept, or harbored within the town. The following regulations will apply.

(A) Enclosures for animals shall be constructed and maintained to provide sufficient space for each animal, and shall be sufficient for each animal to make normal postural and social adjustments and to provide each animal with adequate freedom of movement to maintain good physical condition.

(B) Indoor facilities for the keeping of animals shall be sufficiently heated, cooled, and ventilated as to protect the animals from extremes of temperature and to provide for their health and to prevent their discomfort. Lighting of primary enclosures shall be designed to protect the animals from excessive illumination. Such lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning.

(C) Natural or artificial outdoor shelters appropriate to the local climatic conditions for the particular species of animal shall be provided for all animals kept outdoors. A suitable method of drainage shall be provided to rapidly eliminate excess water.

(D) A shelter for a dog or cat shall consist of a moisture proof and wind proof structure of suitable size to accommodate the animal and to allow retention of body heat. It shall be made of durable material, and shall be provided with a sufficient quantity of suitable bedding material to provide insulation and protection against cold and dampness and to promote retention of body heat.

(E) A shelter for livestock shall be at least a two-sided roofed structure made of durable material.

(Prior Code, § 4-903) Penalty, see § 10.99

§ 90.168 ANIMALS WITHOUT PROPER CARE.

(A) Whenever an officer of the town finds that any animal is without proper care, he or she may impound the animal for protective care.

(B) In the event of sickness or injury of the animal, and upon the advice of a licensed veterinarian, the officer may take appropriate action to prevent undue pain and suffering.

(C) This shall include the option of immediate humane destruction of the animal.

(D) Persons from whom animals have been impounded for the purposes of protective care shall not be eligible for redemption of the animals.

(Prior Code, § 4-904)

§ 90.169 POISONING PROHIBITED.

(A) It shall be unlawful for any person, intentionally or neglectfully, by any means to make accessible to any animal any harmful or poisonous substance.

(B) It is not the intent of this section to prohibit the use of poisonous substances for the control of vermin.

(Prior Code, § 4-905) Penalty, see § 10.99

§ 90.170 DAMAGING, HOBBLING PROHIBITED.

It shall be unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to the animal.

(Prior Code, § 4-906) Penalty, see § 10.99

§ 90.171 FIGHTING CONTESTS.

It shall be unlawful for any person to promote, stage, hold, manage, conduct, carry on, or attend any game, exhibition, contest, or fight in which any animal (the term ANIMALS as defined above, which includes, without limitation, dogs, or fowl) is used for the purpose of fighting, injuring, killing, maiming, or destroying any other animal.

(Prior Code, § 4-907) Penalty, see § 10.99

§ 90.172 ANIMALS IN VEHICLES.

It shall be unlawful for any person to leave any animal in any standing or parked vehicle without providing for adequate ventilation and/or where such vehicle is subject to developing excessive hot or cold temperatures to the potential detriment of the animal.

(Prior Code, § 4-908) Penalty, see § 10.99

§ 90.173 EXCEPTIONS.

The provisions of this section shall not be construed as preventing or restricting law enforcement officers, animal control officers, or any other person from killing animals when lawfully entitled to do so.

(Prior Code, § 4-909)

§ 90.185 CLEANING OF SHELTERS AND ENCLOSURES.

To minimize disease hazards and to reduce odors from shelters, enclosures, and other places where animals are kept, it shall be unlawful to fail to remove excess excreta, waste materials, dirt, and trash from the shelters or enclosures of animals.

(Prior Code, § 4-1001) Penalty, see § 10.99

§ 90.186 SEALED WASTE CONTAINER REQUIRED.

Excreta, waste materials, dirt, and other materials subject to odors shall be stored in a sealed container. It shall be unlawful to allow excreta and waste materials to accumulate on a property to the point that offensive odors become an annoyance to others.

(Prior Code, § 4-1002) Penalty, see § 10.99

§ 90.187 NUISANCE ODORS.

(A) It shall be considered a nuisance for odors associated with animals, animal excreta, and animal waste materials where same disturbs any person or neighborhood.

(B) The keeping or maintaining of any place where such nuisance exists is unlawful.

(Prior Code, § 4-1003) Penalty, see § 10.99

§ 90.188 DISEASED ANIMALS.

(A) (1) It shall be unlawful own, possess, keep, or harbor an animal which is inflicted with any dangerous, communicable, or incurable disease, or which is in a painfully crippled condition. All such animals shall be humanely destroyed or delivered for medical attention.

(2) This section shall not be construed to include veterinary hospitals or animals under active veterinarian care with due regard for public health and safety.

(B) No owner, possessor, keeper, or harborer in control of any animal, who knows the animal to have or to have been exposed to any contagious or infectious disease transmittable to humans, shall dispose of the animal to another person without a full disclosure of this knowledge, to that person, or allow the animal to run at large or come in contact with other animals.

(Prior Code, § 4-1004) Penalty, see § 10.99

§ 90.200 RE-IMMUNIZATION REQUIRED ON EXPOSURE.

Any effectively immunized animal which is suspected of having been exposed to rabies and which is in compliance with the provisions of this subchapter shall be immediately re-immunized and confined for observation for symptoms of rabies for a period of not less than 90 days.

(Prior Code, § 4-1101)

§ 90.201 EXPOSED NON-IMMUNIZED ANIMALS.

(A) (1) Any animal which has not been effectively immunized against rabies and which is suspected of having been exposed to rabies shall be euthanized immediately; however, as an alternative, the non-immunized rabies-exposed animal may be strictly quarantined at a veterinary hospital or clinic at the owner’s expense, and observed for any symptoms of rabies for a period of six months from the date of the suspected exposure.

(2) The quarantined animal shall be immunized against rabies at least 30 days prior to its release.

(3) Animals impounded for rabies observation may not be released by the veterinarian until authorized by the Police Department.

(B) Any non-immunized animal which has been exposed to a wild skunk, bat, or carnivore or which is suspected of having been exposed to a wild skunk, bat, or carnivore shall be considered exposed to rabies and shall be dealt with pursuant to the provisions of this subchapter, unless such skunk, bat, or carnivore is available for laboratory study.

(Prior Code, § 4-1102)

§ 90.202 ANIMALS SUSPECTED OF HAVING RABIES.

Any animal which has bitten or is suspected of having bitten any person, or which has been exposed to or is suspected of having been exposed to rabies, shall be subject to the appropriate provisions of the State Health Department regulations and all applicable requirements of law.

(Prior Code, § 4-1103)

§ 90.215 DUTY TO REPORT.

Any person owning, harboring, or keeping an animal that bites a person and any person bitten by an animal must report that occurrence to the Police Department as soon as practical.

(Prior Code, § 4-1201)

§ 90.216 REPORT TO HEALTH DEPARTMENT REQUIRED.

Upon receiving a report that a person has been bitten by an animal, an officer of the town shall investigate and shall submit a written report detailing the circumstances of the incident to the County Health Department.

(Prior Code, § 4-1202)

§ 90.217 OBSERVATION REQUIRED.

(A) The investigating officer or designee shall provide verbal notice to the person owning, possessing, keeping, or harboring the animal which states that confinement and observation of the animal biting another person is required.

(B) Upon receiving the notice, the person owning, possessing, harboring, or keeping the animal which in the preceding ten days has bitten or is suspected of having bitten any person shall have the animal immediately placed in confinement for rabies observation.

(C) (1) Confinement and observation as required by this section shall be effected by placing the animal under the supervision of a licensed veterinarian for a period of ten days from the date the person was bitten. If, however, the person owning, possessing, keeping, or harboring the suspect animal is a responsible individual and is capable of providing the confinement and observation required, and if the animal is in compliance with the provisions of this subchapter pertaining to rabies vaccinations and licensing, such person may, at the discretion of the officer, be allowed to keep the suspect animal securely penned for the ten-day observation period.

(2) Such person must immediately advise the Police Department of any changes occurring in the condition of the animal and, if no changes are reported within the ten-day observation period, the investigating officer shall make responsible inquiry regarding the suspect animal’s condition.

(D) In the event of the suspect animal’s death or illness, the person so designated as responsible for the animal shall immediately notify the Police Department and make arrangements for the removal and shipment of the animal’s head to the laboratory of the State Department of Environmental Quality for examination.

(E) In all cases, if the owner of the animal cannot produce proof of rabies vaccination, the animal must be confined with a licensed veterinarian.

(F) In the event the person who owns, possesses, harbors, or keeps the animal cannot be located or notified, or in the event the person who owns, possesses, harbors, or keeps the animal specified in this division (F) refuses, fails, or neglects to place the animal in confinement as required by this section after notice to do so has been given, an officer shall seize and impound the animal and place it in confinement for the required observation period at the owner’s expense. It shall be unlawful to refuse or fail to confine an animal for observation that has bitten any person. The Police Department shall thereafter notify the owner or keeper of the animal of the seizure, impoundment, and confinement. If, subsequent to the seizure and impoundment of the animal by the animal control officer, the owner or keeper of the animal cannot be located or notified and if the animal remains unclaimed at the expiration of the confinement period, the town may dispose of the animal pursuant to the provisions of this chapter concerning the disposition of unclaimed, impounded animals.

(Prior Code, § 4-1203)

§ 90.218 EUTHANASIA.

In special circumstances, an officer of the town may order the euthanasia of an animal and may perform or order the performance of tests for the diagnosis of rabies at the owner’s expense. For purposes of this section, SPECIAL CIRCUMSTANCES shall be defined as those situations involving severe animal bites upon the head, face, neck, or upper extremities, or deep lacerations, or multiple animal bite wounds inflicted by unimmunized animals.

(Prior Code, § 4-1204)

§ 90.230 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PHYSICALLY DISABLED PERSON. Any person who has a physical impairment which severely and permanently restricts mobility of two or more extremities, or who is so severely disabled as to be unable to move without the aid of a wheelchair, or who is blind or deaf.

SERVICE DOG. Any dog individually trained to the physically disabled person’s requirements. SIGNAL DOG. A type of service dog and means any dog trained to alert a deaf person, or person whose hearing is impaired, to intruders or sounds.

(Prior Code, § 4-1301)

§ 90.231 SERVICE DOGS PERMITTED.

Any blind, deaf, or physically disabled person who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within the town or any dog trainer from a recognized training center when in the act of training guide, signal, or service dogs shall be entitled to have with him or her a guide, signal, or service dog specially trained or being trained for that purpose, without being required to pay an additional charge therefor.

(Prior Code, § 4-1302)

§ 90.232 DENYING ENTRANCE UNLAWFUL.

(A) A blind, deaf, or physically disabled person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog: any street, highway, sidewalk, walkway, any common carrier, airplane, motor vehicle, railroad train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation, hotel, motel, or other place of lodging, public building maintained by any unit or subdivision of government, building to which the general public is invited, college dormitory and other educational facility, restaurant or other place where food is offered for sale to the public, or any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the state.

(B) Such blind, deaf, or physically disabled person or dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be required to pay any additional charges for his or her guide, signal, or service dog, but shall be liable for any damage done to the premises by said dog.

(Prior Code, § 4-1303)

§ 90.233 ORANGE COLLAR REQUIRED.

A service dog used by a deaf person shall be required to wear an orange identifying collar.

(Prior Code, § 4-1304)

§ 90.245 PERMITS.

It shall be unlawful for any person to operate a kennel or cattery without first procuring a license from the town to operate the kennel or cattery. Each day an unlicensed kennel or cattery is in operation is considered to be a separate violation. All veterinary hospitals shall be exempt from the payment of kennel license fees.

(Prior Code, § 4-1401) Penalty, see § 10.99

§ 90.246 PERMIT FEES.

The fee for the issuance of a kennel or cattery permit shall be established by resolution of the Town Board of Trustees.

(Prior Code, § 4-1402)

§ 90.247 INSPECTION REQUIRED.

Prior to the issuance of a permit, the kennel or cattery site shall be inspected to ensure compliance with the proper care and sanitary requirements contained herein and that such facilities are so designed to prohibit animals from being at large within the town.

(Prior Code, § 4-1403)

§ 90.248 VACCINATION REQUIRED.

All dogs and cats kept in kennels or catteries, whether owned or boarded, that are four months of age or older shall be vaccinated.

(Prior Code, § 4-1404)

§ 90.249 REQUIRED RECORDS.

(A) A written record shall be kept by the kennel or cattery operator which shall include the following information:

(1) A record of proof of vaccination for every animal kept over four moths of age showing the date each dog or cat was vaccinated, the type and duration of the vaccine administered to the dog or cat, along with the name and phone number of the veterinarian administering the vaccine or the name and phone number of the veterinarian who directly supervised the administration of the vaccine;

(2) A description of every dog or cat kept, at a minimum to include the animal’s breed, age, sex, and color; and

(3) Whether the dog or cat is boarded or owned by the kennel.

(B) This record shall be available for inspection by any officer of the town upon demand during normal business hours. Failure to keep required records is unlawful, and can be cause for the revocation of the kennel or cattery license.

(Prior Code, § 4-1405) Penalty, see § 10.99

§ 90.250 REVOCATION OF LICENSE.

The town may revoke a kennel or cattery license for allowing animals to run at large, violation of ordinances pertaining to the proper care of animals, violation of ordinances pertaining to the sanitation of animals, violation of kennel and cattery regulations, or when the operation of the kennel or cattery amounts to a public nuisance.

(Prior Code, § 4-1406)

§ 90.251 KENNEL AND CATTERY REGULATIONS.

All kennels and catteries shall adhere to the following regulations.

(A) Animal housing areas must be physically separated from areas in which food and/or drink for human consumption is prepared, served, or stored.

(B) Interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily cleaned.

(C) Adequate potable water and food shall be provided. Back flow preventers shall be installed on any threaded faucets.

(D) A suitable method shall be provided to rapidly eliminate excess water from animal housing facilities. If drains are used, they shall be properly constructed and kept in good repair. If closed drainage systems are used, wastewater shall be disposed of by connection to a sanitary sewer or any approved sewage disposal system.

(E) All buildings and facilities must comply with building codes and regulations.

(F) All enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to prevent vermin from entering. They shall be constructed and maintained to enable the animals to remain dry and clean and to provide convenient access to clean food and water.

(G) The floors of the enclosures shall be constructed to prevent injury to animals’ feet and legs. Enclosures for dogs and cats may have wire flooring provided, however, that:

(1) The wire is of adequate gauge to prevent sagging under the weight of the animals; and

(2) The wire mesh is small enough to prevent their feet from falling through the mesh.

(H) Enclosures must be constructed to provide sufficient space to allow each animal to exercise normal postural movements.

(I) At least one run must be available in every licensed kennel. One run must be provided for every 15 primary enclosures. The run must be of sufficient size to allow an animal to break into a run. At least two exercise periods per day of 20 minutes each shall be provided.

(K) Animal waste shall be removed from enclosures daily and/or as often as may be necessary to prevent contamination of the animals and to reduce disease hazards and odors.

(L) Cages shall be cleaned as often as may be necessary to maintain sanitary conditions by washing all surfaces with a detergent solution followed by a safe and effective sanitizer. Animals must be removed from the enclosures during the cleaning process and precautions taken to avoid cross contamination.

(M) Water and food containers and all other utensils shall be cleaned and sanitized using generally acceptable methods such as the use of heat or chemical sanitizing solution. These containers shall be cleaned and sanitized as often as necessary to maintain sanitary conditions.

(N) Animal and food wastes, bedding, dead animals, debris, and other organic wastes must be disposed of in order that vermin infestation, odors, disease hazards, and nuisances are minimized.

(O) The kennel or cattery premises shall be kept clean, in good repair, and free of trash.

(P) An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be maintained.

(Q) Supplies of food and bedding shall be stored off the floor in waterproof closed containers and adequately protected against infestation or contamination by vermin.

(R) Animals that die at the facility shall be stored and disposed of in a manner that will not cause a disease hazard or nuisance

(S) All animals shall be fed at least once a day and shall be provided potable water at all times except when under special veterinary care. The food and water shall be free from contamination, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Refrigeration shall be provided for perishable food.

(T) Food and water containers shall be accessible to the animal and located to minimize contamination by excreta. These containers shall be cleaned daily. Self-feeders and self-waterers may be used if cleaned regularly.

(U) Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes

(V) Any animal exhibiting a vicious disposition shall be housed individually in an enclosure which is inaccessible to other animals or children.

(W) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.

(X) Boarded animals shall not be housed in the same primary enclosure with those from another household unless the owners have been informed of and have consented to that arrangement.

(Y) Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies.

(Z) Animals under quarantine or treatment for a communicable disease shall be physically separated from other susceptible animals to minimize dissemination of disease. Such quarantine area should have a separate ventilation system.

(AA) Animals shall be observed daily for signs of disease. An animal suspected of having an infectious disease shall be physically separated from other animals until the condition is determined to be non-infectious.

(BB) Sick or injured animals shall be provided with veterinary care.

(CC) Animals with obvious signs of disease or injury, or of a vicious nature shall not be sold or transferred.

(DD) In breeding kennels, an animal control or police officer may require laboratory testing of a suitable number of animals or specimens to determine if such animals are disease free. The costs of the laboratory tests shall be the responsibility of the licensee. In the event disease is found, the kennel may be quarantined and a prohibition against the sale or transfer of animals enacted. The quarantine will be lifted only through written release by the Police Department if is determined that a health risk no longer exists; determinations of disease and quarantine may be appealed by the kennel to the Municipal Court.

(EE) Places that currently exist, for which the adoption of this subchapter creates the need for a permit, shall have until July 31, 2009 to gain compliance and obtain a permit.

(Prior Code, § 4-1407)

§ 90.252 EXCEPTION.

Federal, state, and municipal facilities shall be exempt from the provisions of this subchapter.

(Prior Code, § 4-1408)

§ 90.253 COMMERCIAL ZONING REQUIRED.

All kennels and catteries operated within the town limits must be upon land with the appropriate commercial zoning for the operation of a kennel or cattery.

(Prior Code, § 4-1409)