20.11.09 DOG AT LARGE

1. Unlawful Acts: It shall be unlawful: 1. For the owner or keeper of any dog to permit such dog to run at large 2. For an owner or keeper to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property. 2. Violation Regardless of Precautions: The owner of any dog running at large shall be deemed in violation of this section regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large. 3. Declared Nuisance: Any dog running at large in violation of the provisions of this section is hereby declared to be a nuisance and a menace to the public health and safety and the dog shall be taken up and impounded as provided in this chapter. 4. Penalties: 1. First Offense/Infraction: Any person violating this section for the first (1st) time shall be guilty of an infraction and subject to penalty as provided in the Town’s fee schedule. 2. Second Offense; Class C Misdemeanor: Any person violating this section for a second (2nd) time shall be guilty of a class C misdemeanor and subject to a penalty as provided in the Town’s fee schedule. 3. Third Offense and subsequent offenses; Class B misdemeanor: Any person violating this section for a third (3rd) time and subsequent times shall be guilty of a Class B misdemeanor and subject to penalty as provided in the Town’s fee schedule. The judge may also determine that such continued and repeated offenses indicate, on the part of the owner of the animal, complete disregard for this section and the court. The judge may find the owner in contempt of court and declare that the owner has given up his property rights pertaining to the animal. The judge may then either place the animal up for adoption or otherwise order the disposal of the animal. 5. Retrieval of Dog: Prior to retrieving a dog from the pound, the owner will also be required to furnish evidence that the dog is licensed and is current with rabies vaccinations, in accordance with section 5-2-4 and 5-2-7 of this chapter. If the dog does not have a license a citation will be issued. The owner will then have up to seven (7) days to obtain a license and proper immunization and submit proof to the proper authority.