§ 9.07.020. Disposition of dangerous dog, cat, domestic animal or other animal and at-risk dogs.
(a)
The court shall order any owner who is convicted of a violation of Subsection 9.03.060(a) of this Title or any owner who enters into a deferred judgment, to make restitution as follows:
(1)
If the owner's animal injures any animal, restitution shall be equal to any reasonable and necessary medical expenses in treating such animal and in rehabilitating such animal.
(2)
If the owner's animal destroys any animal, restitution shall be the greater of the fair market value or the replacement value of such animal on the date, but before the time, the animal was destroyed, plus any reasonable and necessary medical expenses incurred in treating the animal and the expense to dispose of such animal.
(b)
The court shall order any owner who is convicted of a violation of Subsection 9.03.060(a) of this Title or any owner who enters into a deferred judgment, whose animal inflicted bodily injury or serious bodily injury upon any person, to make restitution pursuant to the provisions governing restitution.
(c)
The court shall order that the owner obtain a license for the animal that is deemed dangerous, which includes dangerous dogs, cats, domestic animals and other dangerous animals for a violation of Subsection 9.03.060(a) of this Title for two (2) years following any conviction. Said license shall be issued only following a determination by the Animal Welfare Officer that any other conditions imposed by the court pursuant to this Section have been met, and the court's order shall authorize the Animal Welfare Officer to continue to make inspections to assure compliance with any such conditions.
(d)
The court may order any owner of a dangerous dog, cat, domestic animal or other dangerous animal who has been convicted of a violation of Subsection 9.03.060(a) of this Title or any owner of an at-risk dog who has been convicted of a second or subsequent violation of Subsection 9.03.060(b) of this Title, for the same dog within a thirty-six-month period, to comply with the following:
(1)
That such animal shall be contained in a building or enclosure designed to be escape-proof and, whenever such animal is outside of such building or enclosure, keep the animal under such owner's control by use of a leash no longer than six (6) feet in length held by someone twenty-one (21) years of age or older who is capable of effectively controlling the animal. Any such order may exceed any term of probation imposed by the court, and may extend through and include the life of the dangerous dog, cat, domestic animal or other dangerous animal. If the animal was impounded to be held for trial, the escape-proof containment must be inspected and approved by an Animal Welfare Officer before the animal may be returned to the owner. If the animal was not impounded to be held for trial, an Animal Welfare Officer must inspect and approve the containment within thirty (30) days of the court order;
(2)
That the owner of such animal be required to present to the Town Administrator or the Town Administrator's designee proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by such animal during the twelve-month period following the conviction, except where liability coverage is not available after exhausting all reasonable possibilities as determined by the court;
(3)
That the owner of such animal have the animal spayed or neutered by a licensed veterinarian and that said owner shall provide to the court proof of the animal's spay or neuter in the form of documentation from a licensed veterinarian;
(4)
That the owner of such animal shall, at the owner's own expense, have a microchip containing an identification number implanted into the animal or such other means of identification that is approved by the court. The Town Administrator or the Town Administrator's designee shall maintain a file containing the registration numbers and names of the animals convicted of being dangerous or at-risk by the court, and the names and addresses of the owners. The owner shall notify the Town Administrator or the Town Administrator's designee of any change of address;
(5)
That at all times when such animal is away from the property of the owner, the owner shall keep such animal either in a secure temporary enclosure or under such owner's physical control by use of a leash no longer than six (6) feet in length held by someone twenty-one (21) years of age or older who is capable of effectively controlling the animal. Any such order may exceed any term of probation imposed by the court, and may extend through and include the life of the dangerous animal. Extension style leashes may not be used. Leashes may not be attached to inanimate objects;
(6)
That the court may require that the owner have posted at the front door entrance to the owner's property where such animal is kept a conspicuous and clearly legible sign obtained from the Animal Welfare Officer warning that an animal previously deemed dangerous or at-risk by the court is present on the property;
(7)
That the owner of such animal enroll in a training program as determined appropriate by the Animal Welfare Officer, and submit a certificate of completion to the court at such time as determined by the court.
(e)
In addition to the penalties set forth above and set forth in Section 9.07.010 above, any owner who is convicted of a violation of Subsection 9.03.060(a) of this Title or who enters into a deferred judgment for a violation that results in bodily injury to a person or death of a domestic animal or a second or subsequent violation of Subsection 9.03.060(a) resulting in a conviction or a deferred judgment involving the same animal, the court may order that the dangerous dog, cat, domestic animal or other dangerous animal be destroyed by lethal injection upon exhaustion of any right an owner has to appeal a conviction based on a violation of Subsection 9.03.060(a), at the cost of the owner.
(Ord. 5.06.33.4 §4, 2008)