ORDINANCE
NO. 2-98-2
REGARDING
THE OWNERSHIP OF VICIOUS DOGS
WHEREAS,
it has come to the attention of the Town Board that residents within the
corporate boundaries of the Town of Odon may own vicious dogs which need to be
controlled for the public health, safety and welfare as hereinafter set forth
end it is the consensus of the Town Board that this Ordinance shall be passed to
effectuate such control, confinement, disposal and enforcement if necessary.
1.
DEFINITIONS.
For
the purpose of this Ordinance, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
a. Owner. Any person,
firm, corporation, organization or department possessing or harboring or having
the care or custody of a dog.
b. Unconfined. Any dog which is not securely confined
indoors or confined in
c. Vicious Dog. Shall include
the following:
(1) Any dog with a known vicious propensity, tendency or disposition to attack
unprovoked, to cause injury to, or otherwise threaten the safety of human beings
or domestic animals.
(2) Any dog which because of its vicious propensity is capable of inflicting
serious physical harm or death to humans, and which would constitute a danger to
human life or property if it were not kept in the manner required by this
chapter,
(3) Any dog which, without provocation, attacks or bites, or has attacked or
bitten a human being or domestic animal.
(4) Any dog owned or harbored primarily or in part for the purpose of dog
fighting, or any dog trained for dog fighting.
2.
CONFINEMENT.
The
owner of a vicious dog shall not suffer or permit the dog to be unconfined.
3.
LEASH AND MUZZLE REQUIRED.
The
owner of a vicious dog shall not suffer or permit the dog to go beyond the
premises of the owner unless the dog is securely muzzled and restrained by a
chain or leash, and under the physical restraint of a person. The muzzle shall
be made in a manner that will not cause injury to the dog or interfere with its
vision or respiration, but shall prevent it from biting any human or animal.
4.
OWNER TO DISPLAY WARNING SIGNS.
The
owner of a vicious dog shall display in a prominent place on his premises a
clearly visible warning sign indicating that there is a vicious dog on the
premises. A similar sign is required to be posted on the pen or kennel of the
animal.
5.
DOG FIGHTING PROHIBITED.
No
person, firm, corporation, organization or department shall possess or harbor or
maintain care or custody of any dog for the purpose of dog fighting or train,
torment, badger, bait or use any dog for the purpose of causing or encouraging
the dog to attack human beings or domestic animals.
6.
INSURANCE.
Owners
of vicious dogs must provide proof to the City Clerk of public liability
insurance in the amount of at least $100,000, insuring the owner for any
personal injuries inflicted by his or her vicious dog.
7.
PENALTY.
Whoever
violates a provision of this Ordinance shall be subject to a civil penalty in
the sum of not more than $2,500 and a separate offence shall be deemed committed
on each day during or on which violation occurs or continues. In addition to the
above-referenced civil penalty, any person found in violation of any provision
of this Ordinance shall surrender the vicious dog to the Animal Control Officer
of Daviess County to be disposed of as that officer may see fit.
8.
PUBLICATION. This Ordinance shall be in full force and effect from and
after its publication in the Odon Journal.
WITNESS
our hands and seals by and through this Ordinance being passed on
Ralph Quarles, Member
Ron Bell, Member
Richard Cottrell, President