ORDINANCE 09-09
(DRAFT)
DOG NUISANCE LAW
AN
ORDINANCE OF THE TOWN OF
WHEREAS,
the Town Council finds that the unrestricted presence dogs within the Town of
Sylvania and its police jurisdiction constitutes a clear and present danger to
the public health, safety, and welfare of the citizens of the Town of Sylvania;
and,
WHEREAS,
the Town Council determines that the public health, safety and welfare of the
citizens of the Town of
SECTION 1.
DEFINITIONS:
Dog: The word “dog” as
used in this ordinance, shall mean and include pet foxes, wolves, and members
of the canine family; provided, however, that no such animal shall be held to
be a dog within the terms of this ordinance unless it is three months old or
more.
Owner: Any person owning,
keeping, possessing, harboring or maintaining a dog within the city and police
jurisdiction.
SECTION 2.
DOGS RUNNING AT LARGE:
It shall be unlawful for the owner or other
person in charge of a dog, whether such dog has attached to him a license tag
or not, to cause or through negligence or permit such dog to be or to run at
large on or about any place, lot, property, land, premises or portion of the
same within the city and police jurisdiction that is not the owners or other
persons in charge of a dog, it shall be the duty of the owner or person in
charge of a dog to give public notice or warning that such dog is at large upon
their property by conspicuously posting at every entrance to such enclosure.
SECTION 3.
RESTRAINT/LEASHING.
It shall be
unlawful and punishable as a misdemeanor for any person owning, keeping,
possessing, harboring or maintaining a dog to cause, allow or permit such dog
to run or be at large upon any street, alley, thoroughfare, sidewalk or public
place within the city or police jurisdiction.
SECTION 4.
BARKING/HOWLING.
It shall be unlawful for the owner or other
person in charge of any dog to suffer or permit the loud and frequent or
continued barking, howling, yelping of such dog, as to annoy and disturb the
neighbors.
SECTION 5.
VICIOUS DOG.
It shall be unlawful for the owner or other
person in charge thereof to harbor or keep within the city or police
jurisdiction a vicious dog, unless the same is securely confined or bound in
such a manner as to prevent such dog from biting or attacking a person or other
animal. It shall be prima facie evidence that a dog is a vicious dog if it
shall bite or fiercely attack any person or any other animal, while not on the
owner’s premises or property.
SECTION 6.
VIOLATIONS OF ORDINANCE.
Any
person or persons in violation of any provision of this ordinance shall be
guilty of a misdemeanor and upon conviction shall be punished for such
violation: first offense: observed by officer or reported by citizen the
officer shall issue a warning, the exception to this first offence warning is a
vicious dog violation, of which it shall be punishable by not less than five
hundred dollars ($500.00) and/or six (6) months in jail. In addition, the Court
shall assess the violator with any and all costs incurred for the legal
cost/fees, medical, impoundment or euthanizing of the dog. Second and
subsequent offenses: five hundred dollars ($500.00) and/or six (6) months in
jail. In addition, the Court shall assess the violator with any and all costs
incurred for the legal cost/fees, medical, impoundment or euthanizing of the
dog.
SECTION 7.
SEVERABILITY.
If any section, subsection, clause or
phrase of this ordinance is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this
ordinance. The Town of
SECTION 8.
SPECIFIC SECTIONS REPEALED; ORDINANCE CUMULATIVE.
This
ordinance shall not be construed to repeal any other provision of the existing
code and ordinances of the Town of
SECTION 9.
EFFECTIVE DATE OF ORDINANCE.
This ordinance shall become effective
immediately upon its adoption.
ADOPTED AND APPROVED this _____ day of _______,
2009.