Ware Shoals Police

Ware Shoals Police The Ware Shoals Police Department strives for a safer community!

….PSA… so several issues have been brought up about the park. Please keep in mind that the park is closed at night, we s...
07/14/2024

….PSA… so several issues have been brought up about the park. Please keep in mind that the park is closed at night, we should not have visitors in the park at night, there are signs at the entrance advising this. Also this is a public area as well as a family oriented area. We have notice a rise of alcoholic beverages being consumed.as well as broken glass have been left. We want to make sure that Pitts park is safe for the kids that visit here. Alcohol at Pitts Park not allowed. Will now be “Strictly Enforced”. It’s covered under section 4-4 of the Ware Shoals Town Ordinance has a fine of 257.50. So please help keep our park safe and fun for the kids. Additional signs will be added to the park in both English and Spanish. Thank you

07/09/2024

Got 2 small brown dogs running around lee and east main, looks like 2 brown labs one with orange collar

UPDATE: He was identified thank you.Ware Shoals PD looking for information leading to the identification of the below su...
06/28/2024

UPDATE: He was identified thank you.

Ware Shoals PD looking for information leading to the identification of the below subject. If you know who this individual is please contact the Ware Shoals PD thank you.

06/12/2024

There has been a rise of complaints with the use of “splat” guns here in town, several people have fallen victim to being shot by them, we also understand that school is out and there’s not a lot to do here, but shooting splat guns at people will not be tolerated. The cases we have now, all are done by juveniles. Charges can be brought on these individuals and we will prosecute to the fullest extent of the law. Charges can be as low as simple assault to as high as assault and battery high and aggravated nature depending on the injuries. Keep this in mind, let’s keep Ware Shoals safe.

For immediate release!Ware Shoals Police Department is hiring qualified candidates! Starting salary for a certified offi...
06/04/2024

For immediate release!
Ware Shoals Police Department is hiring qualified candidates! Starting salary for a certified officer will start at $43,400 .Ware Shoals Police Department has a take home car program,boot allowance, and provides uniforms and equipment! We are a equal opportunity employer.
Please message us on here or come into 8 Mill St Ware Shoals sc to put in a application.

05/12/2024

PSA: Pitts park is closed until the high water advisory has been lifted. I spoke with the dam operator, yesterday he advised as long as the river wasn’t “white capping” we could open up. Unfortunately this morning the river is still very dangerous with the strong current. I’ll keep an eye out through the day as soon as the river is safe I’ll open it. Keep in mind there are signs posted on the gates that when the gates are locked the park is closed, which means no access is allowed. This is for everyone safety. We apologize for any inconvenience. Thank you for your time.

On 04/12/2024 approximately 2102 Cpl Morgan conducted a traffic stop on a vehicle with a headlight out. Cpl.Morgan ran t...
04/14/2024

On 04/12/2024 approximately 2102 Cpl Morgan conducted a traffic stop on a vehicle with a headlight out. Cpl.Morgan ran the drivers information through county dispatch which came back that the driver had warrants. Due to incident to arrest the vehicle was searched. The search located numerous baggies and baggies containing a white crystal like substance that field tested positive for methamphetamines and drug paraphernalia, and 2 plastic bottles with blue in colored liquid.When these items were located the driver and her passenger declined ownership, so both parties were charged. The passenger was searched and located a baggie containing a white crystal like substance that field tested positive for methamphetamines which weighed 146grams. The 2 bottles were field tested and tested positive for fentanyl. Both parties were charged with trafficking fentanyl, the passenger was charged with trafficking methamphetamines, Great work Cpl. Morgan for keeping our community safe.

02/28/2024

Sec. 20-4. - Open burning.
Outdoor burning is allowed within the town limits under the following guidelines. Outdoor burning must also comply with SC DHEC Regulation 61-62.2 Prohibition of Open Burning and International Fire Code requirements.

(1) Non-permit required burning. a. Open burning of leaves, tree branches, or yard trimmings originating on the premises of private residences and burned on those premises. The burning of garbage, asphaltic materials, heavy oils, natural or synthetic rubber, or wood which is coated with stain, paint, glue or other coating material, and treated lumber, is prohibited. The initial burning must be conducted between the hours of 9:00 a.m. and 3:00 p.m. No additional materials may be added to the fire after 3:00 p.m. b. Open burning in connection with the preparation of food for immediate consumption. c. Campfires and fires used solely for recreational purposes, or human warmth. Fires set for the purpose of human warmth must use only clean wood products (woody vegetation, leaves, or wood which is not coated with stain, paint, glue or other coating material, and not treated lumber). d. Nothing in this section shall limit fires for training firefighting personnel so long as the kindling of any such fire has been approved by the government entity and is done so in consultation with SC DHEC requirements, is done so solely for the purposes of training firefighting personnel and is immediately extinguished upon completion of training. (2) Requirements for non-permitted burning. a. The fire chief or his designee has the right to suspend all outdoor burning within the town limits following an order or recommendation from the governor, or the South Carolina State Forestry Commission. b. The fire chief or his designee has the right to suspend all outdoor burning due to local environmental factors to include high winds, humidity levels, drought conditions and the like when in the interest of public safety. c. Open burning must be constantly attended by a competent person from the time the fire is kindled until the time that all embers have been extinguished. An adequate fire break must surround the burn site and a means of extinguishment must be readily available and in close proximity to the fire. d. Open debris burning shall not be conducted no less than 50 feet from structures or lot lines.
Exception: Open debris burning in approved containers shall not be conducted no less than 25 feet from structures.

e. Recreational fires shall not be conducted no less than 25 feet from structures, combustible materials or lot lines. f. When smoke from open burning becomes a nuisance to adjoining property, the burn must be extinguished. (3) Permit-required burning. A permit must be obtained from the fire chief or his designee for the following types of outdoor burning. a. Bonfires for ceremonial purposes must be located at least 50 feet from a structure. b. Open burning for the purpose of land clearing must meet the requirements of with SC DHEC Regulation 61-62.2. (4) Violations. a. A written report or warning to a person of a violation at one site shall be considered adequate notice of this section and subsequent observed violations at the same or different site will result in appropriate legal action. The fire department reserves the right to extinguish any fire on private property, when in the opinion of the chief or his designee the fire poses a public hazard or is in violation of this section. b. The authority to conduct open burning under this section does not exempt or excuse the person responsible for the burning from the consequences of or the damages or injuries resulting from the burning and does not exempt or excuse anyone from complying with other applicable laws and with ordinances, regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this section.
(Code 1973, § 9-9; Code 1988, § 2-2-4; Ord. No. 17-08, §§ 1—4, 11-21-2017)

02/24/2024

We have an ongoing problem with dogs running loose. As everyone is aware we do not have a full time animal control officer. The shelter is packed full most of the time. We have several investigations on going with Animal cruelty. Keep in mind big dogs placed in smaller temporary kennels is unlawful and inhumane. citations will be issued if seen. Please make sure that all outside dogs have food and water and shelter from the weather.

02/23/2024

Chapter 6 - ANIMALS[1]
Footnotes:
--- (1) ---
State Law reference— Municipal authority regarding care and control of animals, S.C. Code 1976, § 47-3-20; municipal powers not limited by state law, S.C. Code 1976, § 47-3-70; regulation of dangerous animals, S.C. Code 1976, § 47-3-710 et seq.

ARTICLE I. - IN GENERAL

Sec. 6-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal includes all brute creatures and domestic pets.

Dog includes all members of the canine family four months or more of age, including foxes and other canines.

(Code 1973, § 5-1; Code 1988, § 6-3-1)

Sec. 6-2. - Penalties.
Except as otherwise provided herein, the violation of any provision of this chapter shall be a misdemeanor.

(Code 1973, § 5-2; Code 1988, § 6-3-2)

Sec. 6-3. - Cruelty to animals.
It shall be unlawful for any person to inflict unnecessary cruelty upon any animal, or to ride, drive or work the animal when sick or unfit for work, to override, overwork, overload, ride when overworked, or to beat or whip cruelly any animal, and it shall be unlawful for any person owning or having charge of any animal to fail to provide it with proper food, drink, shelter or protection from the weather.

(Code 1973, § 5-3; Code 1988, § 6-3-3)

State Law reference— Cruelty to animals, S.C. Code 1976, § 47-1-10 et seq.

Sec. 6-4. - Dead animals; disposal.
It shall be unlawful for any person who has possession, ownership or custody of any animal that dies within the town to permit it to remain within the town for a longer period than may be necessary under the circumstances to remove it, and under no condition longer than 24 hours. Any dead animal not so removed shall be removed by the chief of police at the expense of the person in whose possession the animal died.

(Code 1988, § 6-3-4)

Sec. 6-5. - Resisting or hindering police.
It shall be unlawful for any person in the town to resist, hinder or oppose the chief or any police officer of the town or any other person acting under their authority in the performance of any of the duties imposed upon them by this chapter.

(Code 1988, § 6-3-5)

Sec. 6-6. - Running at large prohibited.
It shall be unlawful for any person, either the owner or one in possession thereof, to allow any and all animals to run at large within the town.

(Code 1973, § 5-30; Code 1988, § 6-3-6; Ord. No. 16-06, 10-18-2016)

Sec. 6-7. - Impounding—Duty of police.
It shall be the duty of the police officers of the town to capture and impound any stock or fowl found running at large.

(Code 1973, § 5-31; Code 1988, § 6-3-7)

Sec. 6-8. - Same—Notice.
It shall be the duty of the police chief, immediately after impounding any stock or fowl found running at large to notify the owner of the animal of such impoundment, where ownership can be determined. In those cases in which the owner is not determined or cannot be reached, the police chief shall put a notice in a newspaper of general circulation within the town, describing the livestock or fowl so impounded.

(Code 1988, § 6-3-8)

Sec. 6-9. - Impounded animals—Sale.
After the lapse of five days, if stock or fowl so impounded are not redeemed, they will be sold at public outcry or otherwise, by the police chief to defray the expense of keeping them.

(Code 1973, § 5-33; Code 1988, § 6-3-9)

Sec. 6-10. - Same—Recovery.
The owner of any animal impounded under the preceding sections of this chapter may redeem such animal at any time before sale by paying the sum fixed by council from time to time.

(Code 1973, § 5-34; Code 1988, § 6-3-10)

Sec. 6-11. - Keeping swine or hogs prohibited.
It shall be unlawful for any person to keep any hog, pig, shoat, horse, ducks, geese, cow, donkey, mule, or large fowl or bird on any lot or premises situated within the corporate limits.

(Code 1973, § 5-35; Code 1988, § 6-3-11; Ord. No. 16-06, 10-18-2016)

Sec. 6-12. - Nuisances.
(a)Any animal which shall by sound, odor, or sight materially interfere with or affect the health, comfort, peace or quiet of the people is hereby declared to be a nuisance.(b)Any person harboring, possessing or having custody or control of any animal which constitutes a nuisance, as defined in this section, who shall fail or refuse to take such action or do such things as will abate such nuisance when requested in writing to do so by the chief of police, shall be guilty of a misdemeanor.
(Code 1973, § 5-36; Code 1988, § 6-3-12)

Secs. 6-13—6-42. - Reserved.
ARTICLE II. - DOGS

Sec. 6-43. - Vicious dogs not to run at large.
It shall be unlawful for the owner of any dog which shall attack or attempt to attack, or which shall worry, threaten or frighten by its vicious conduct any person or any animal in or upon the streets of the town, to allow such dog to run at large within the town.

(Code 1973, § 5-10; Code 1988, § 6-3-21)

Sec. 6-44. - Inoculation—Required.
It shall be unlawful for any person to own, harbor, maintain or possess any dog unless such dog has been inoculated against rabies within the preceding 12 months by a duly licensed veterinarian or other person authorized to administer the vaccine. Any dog over four months old not wearing an inoculation tag shall be considered to be a stray dog.

(Code 1973, § 5-11; Code 1988, § 6-3-22)

State Law reference— Rabies control, S.C. Code 1976, § 47-5-10 et seq.

Sec. 6-45. - Same—Tags.
(a)It shall be the duty of each person having a dog inoculated against rabies to obtain from the veterinarian at the time of inoculation a vaccination certificate and a metal badge or tag so prepared as to be capable of being attached to the collar of the dog. The tag shall bear an inscription showing that the dog has been inoculated against rabies and the year of such inoculation. This badge or tag shall at all times be attached to the collar of the dog so inoculated, and it shall be unlawful for any person to fail to comply with the provisions of this section.(b)Except as otherwise provided, it shall be unlawful for any person to remove from the collar of a dog the attached inoculation tag or badge.
(Code 1973, §§ 5-12, 5-13; Code 1988, § 6-3-23)

Sec. 6-46. - Impounding dogs at large in violation of article.
It shall be the duty of the police department, or other designated agents of the town, to take up and impound all dogs found running at large in violation of the provisions of this article. Immediately upon impounding a dog such officers or agents shall notify the owner of the impoundment, where ownership can be determined. In those cases where the owner is not determined or cannot be reached, the officer or agent shall publish a notice in a newspaper of general circulation in the town describing the dog so impounded.

(Code 1988, § 6-3-24)

Sec. 6-47. - Impounded dogs—Disposition.
If the owner of any dog impounded under the provisions of the preceding section does not apply for and secure its release before the expiration of five days, the chief of police shall have such dog humanely disposed of.

(Code 1973, § 5-15; Code 1988, § 6-3-25)

Sec. 6-48. - Same—Recovery.
The owner of any dog impounded under the provisions of this article shall be entitled to recover his dog upon paying to the clerk-treasurer costs for each day the dog has been impounded and upon showing that a rabies vaccination certificate issued by a duly licensed veterinarian is in force covering the dog.

(Code 1973, § 5-16; Code 1988, § 6-3-26)

Sec. 6-49. - Duty of impounding officers.
(a)It shall be the duty of the police department, upon receiving information that any person is owning, keeping, harboring or maintaining any dog not covered by a certificate issued in accordance with this article to give such person written notice that unless such certificate is secured within five days, the dog will be humanely disposed of. At the time of giving such notice, it shall be the duty of the police department to impound the dog.(b)Any dog impounded under the terms of this section shall not be returned to its owner until the owner has paid to the clerk-treasurer all charges and costs incident to the impounding.
(Code 1973, § 5-17; Code 1988, § 6-3-27)

Sec. 6-50. - Bi***es in heat.
It shall be unlawful for the owner or any person having custody of a female dog to allow her to run at large within the town while in heat. Any female dog so found may be impounded, and, unless reclaimed and all incurred costs are paid, shall be humanely disposed of.

(Code 1988, § 6-3-28)

Sec. 6-51. - Nuisances.
(a)Any dog which howls or barks to such an extent as to materially interfere with or affect the health, comfort, peace or quiet of the people, which molests other dogs or pet animals, or damages or destroys flowers, ornamental shrubs or property of others or is diseased or mangy is declared to be a nuisance.(b)Any person harboring, possessing or having custody or control of any dog which constitutes a nuisance, as defined in subsection (a) of this section, who shall fail or refuse to take such action or do such things as will abate such nuisance when requested in writing to do so by the chief of police shall be guilty of a misdemeanor.
(Code 1973, § 5-21; Code 1988, § 6-3-29)

Sec. 6-52. - Destruction of certain dogs.
If, in the attempt to seize a dog, it becomes impossible to secure it with the hands, the police officer attempting to impound the dog, upon being convinced that the seizure of the dog is necessary to the public welfare and safety, may, within his discretion, destroy the dog by shooting it, provided he is close enough to the dog to kill it humanely and far enough removed from any bystander so that no lives may be imperiled by the act.

(Code 1988, § 6-3-30)

Secs. 6-53—6-77. - Reserved.
ARTICLE III. - LICENSING AND KEEPING OF DANGEROUS DOGS

Sec. 6-78. - Definitions.
When used in this article, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal control officer means any person employed or appointed by the town who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this article.

At large means that a dog is not under the direct control of the owner.

Dangerous dog means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that according to the records of either the town animal shelter, the town department of animal control, or any law enforcement agency:

(1)Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;(2)Has more than once severely injured or killed a domestic animal while off the owner's property; or(3)Has been used primarily or in part for the purpose of dogfighting, or is a dog trained for dogfighting.
Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.

Director means the director of the department of animal control.

Impoundment means the taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer under the provisions of this article.

Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

Owner.

(1)The term "owner" means any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of 18, that person's parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.(2)The term "owner" does not include any veterinary clinic or boarding kennel.
Pit bull dog means and includes any of the following dogs:

(1)The Staffordshire Bull Terrier breed of dogs;(2)The American Staffordshire Terrier breed of dogs;(3)The American Pit Bull Terrier breed of dogs; and(4)Dogs that have the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier.
Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.

Under restraint means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.

(Code 1988, § 6-3-33; Ord. No. 06-05, § 3, 2006)

Sec. 6-79. - Purpose and intent.
The purposes of this article are to promote the public health, safety, and general welfare of the citizens of the town. It is intended to be applicable to dangerous dogs, as defined herein, and to regulate dogs that are commonly referred to as pit bulls, as defined herein, by enduring responsible handling by their owners through registration, confinement, and liability insurance.

(Code 1988, § 6-3-32; Ord. No. 06-05, § 2, 2006)

Sec. 6-80. - Procedure for declaring a dog dangerous.
(a)An animal control officer or any adult person may request under oath that a dog be classified as dangerous as defined in section 6-78 by submitting a sworn, written complaint on a form approved by the director to the department of animal control. Upon receipt of such complaint, the director shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.(b)At the conclusion of an investigation, the director may:(1)Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or(2)Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in section 6-84, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid with ten business days after a final determination that a dog is dangerous, the director may cause the dog to be humanely destroyed.
(Code 1988, § 6-3-34; Ord. No. 06-05, § 4, 2006)

Sec. 6-81. - Notification of dangerous dog declaration.
(a)Within five business days after declaring a dog dangerous, the director shall notify the owner by certified mail of the dog's designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in section 6-84. The director also shall notify the chief executive and the police department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner.(b)The notice shall inform the dog owner that he may request, in writing, a hearing to contest the director's finding and designation within five business days after delivery of the dangerous dog declaration notice.(c)If the director cannot with due diligence locate the owner of a dog that has been seized pursuant to this article, the director shall cause the dog to be impounded for not less than five business days. If after five days, the owner fails to claim the dog, the director may cause the dog to be humanely destroyed.
(Code 1988, § 6-3-35; Ord. No. 06-05, § 5, 2006)

Sec. 6-82. - Hearing on dangerous dog declaration.
(a)The department of animal control shall hold a hearing within 15 business days after receiving the dog owner's written request for such a hearing. The department shall provide notice of the date, time and location of the hearing to the dog owner by certified mail and to the complainant by regular mail.(b)At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in a hearing required by this section shall include but not be limited to the following:(1)Provocation;(2)Severity of attack or injury to a person or domestic animal;(3)Previous aggressive history of the dog;(4)Observable behavior of the dog;(5)Site and circumstances of the incident; and(6)Statements from interested parties.(c)A determination at a hearing that the dog is in fact a dangerous dog as defined in section 6-78 shall subject the dog and its owner to the provisions of this article.(d)Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this article.
(Code 1988, § 6-3-36; Ord. No. 06-05, § 6, 2006)

Sec. 6-83. - Appeal from dangerous dog declaration.
If the director determines that a dog is dangerous at the conclusion of a hearing conducted under section 6-82, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within 30 days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the director's determination of dangerousness.

(Code 1988, § 6-3-37; Ord. No. 06-05, § 7, 2006)

Sec. 6-84. - Keeping of dangerous dogs.
The keeping of a dangerous dog as defined in section 6-78 shall be subject to the following requirements:

(1)Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more that four feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.(2)Muzzle. It is unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.(3)Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:a.The structure must have secure sides and a secure top, or all sides must be at least eight feet high;b.The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one foot into the ground; andc.The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.(4)Indoor confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or a structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.(5)Signs. All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog."(6)Liability insurance, surety bond. The owner of a dangerous dog shall present to the department of animal control proof that he has procured liability insurance or a surety bond in the amount of not less than $100,000.00 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the town be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminated or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the 12-month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period. In the event that the owner proves to the satisfaction of the department of animal control that insurance is not available, he may pay a nonrefundable cash fee in the amount of $1,000.00 to the town.(7)Animals born of registered dogs. All offspring born of dangerous dogs registered with the department of animal control also must be registered with the department within six weeks of birth.(8)Notification of escape. The owner or keeper of a dangerous dog shall notify the department of animal control immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.(9)Failure to comply. It is unlawful and a misdemeanor for any owner of a dangerous dog registered with the department of animal control to fail to comply with the requirements and conditions set forth in this section. Any dog found to be in violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this article shall result in the revocation of the dog's license and the permit providing for the keeping of such animal.
(Code 1988, § 6-3-38; Ord. No. 06-05, § 8, 2006)

Sec. 6-85. - Permit and tag required for a dangerous dog.
(a)The owner of a dangerous dog shall, within three business days after the classification of the dog as a dangerous or upon acquisition of such a dog, obtain an annual permit from the department of animal control to harbor the dog. The fee for such permit shall be $25.00 per year.(b)At the time the permit is issued, a red circular tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.(c)The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.
(Code 1988, § 6-3-39; Ord. No. 06-05, § 9, 2006)

Sec. 6-86. - Pit bull dogs presumed dangerous.
There shall be an irrefutable presumption that any dog registered with the department of animal control as a pit bull dog is a dangerous dog and is therefore subject to the requirements of this chapter.

(Code 1988, § 6-3-40; Ord. No. 06-05, § 10, 2006)

Sec. 6-87. - Notification of intent to impound.
(a)When the director of animal control or his designee intends to impound a dog declared to be dangerous for violation of section 6-84 he shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five business days prior to the intended impoundment, except as provided in section 6-88.(b)The notice of intent to impound shall inform the owner or custodian of the dog that he may request in writing, within five business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.(c)Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b) of this section, a hearing shall be held within ten business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog's owner or custodian requesting such hearing.(d)If the owner or custodian requests a hearing pursuant to subsection (b) of this section, no impoundment shall take place until conclusion of the hearing, except as authorized in section 6-88.
(Code 1988, § 6-3-41; Ord. No. 06-05, § 11, 2006)

Sec. 6-88. - Immediate impoundment.
(a)A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the director of animal control or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of section 6-84 or when the dog bites a person or domestic animal.(b)The owner or custodian of the dog immediately impounded pursuant to subsection (a) of this section shall be notified of the impoundment by certified mail within five business days after the dog's impoundment.(c)The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, a hearing to contest the impoundment within five business days after the mailing of the notice of impoundment.(d)Upon request by the owner or custodian of the dog for a hearing under subsection (c) of this section, a hearing shall be held within ten business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog owner requesting the hearing.
(Code 1988, § 6-3-42; Ord. No. 06-05, § 12, 2006)

Sec. 6-89. - Impoundment hearing.
(a)If after a hearing on impoundment, the director or his designee finds no violation of section 6-84, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.(b)Incident to the findings and conclusions made at the impoundment hearing, the director or his designee may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:(1)Posting of bond or other proof of ability to respond in damages;(2)Specific requirements as to size, construction and design of a kennel in which to house the dog;(3)Requirements as to type and method of restraint and/or muzzling of the dog;(4)Photo identification or permanent marking of the dog for purposes of identification; and(5)Payment of reasonable fees to recover the costs incurred by the department of animal control in ensuring compliance with this article.
(Code 1988, § 6-3-43; Ord. No. 06-05, § 13, 2006)

Sec. 6-90. - Destruction.
(a)The director of animal control or his designee may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.(b)The director or his designee shall give written notice by certified mail of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten business days after delivery of such notice, a hearing to contest the intended destruction.(c)If no hearing is requested pursuant to subsection (b) of this section, the dog shall be destroyed pursuant to applicable provisions of law.(d)If a hearing is requested pursuant to subsection (b) of this section, such hearing shall be held within ten business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.(e)The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the town to humanely and safely keep the animal during any legal proceeding.
(Code 1988, § 6-3-44; Ord. No. 06-05, § 14, 2006)

Sec. 6-91. - Appeal from order of humane destruction.
If the director or his designee orders a dangerous dog to be humanely destroyed pursuant to section 6-90, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten days after receiving notice of the destruction order. If an appeal is timely filed, the director shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the director's destruction order.

(Code 1988, § 6-3-45; Ord. No. 06-05, § 15, 2006)

Sec. 6-92. - Change of ownership.
(a)Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten business days after such change of ownership or residence, provide written notification to the department of animal control of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the department of animal control along with written acknowledgment by the new owner of his receipt of such notification. The director of animal control or his designee shall notify the chief executive and the police department of any changes of ownership, custody or residence of the dog within three business days after receiving the required information from the previous dog owner.(b)Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this article pertaining to obtaining liability insurance, payments of fees, and maintenance, control and ownership of a dangerous dog.
(Code 1988, § 6-3-46; Ord. No. 06-05, § 16, 2006)

Sec. 6-93. - Continuation of dangerous dog declaration.
Any dog that has been declared dangerous by any agency or department of this town, another municipality, county or state shall be subject to the provisions of this article for the remainder of its life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, county or state government shall notify the department of animal control of the dog's address and conditions of maintenance within ten days of moving the animal into the town. The restrictions and conditions of maintenance of any dog declared dangerous by this town, another municipality, county or state shall remain in force while the dog remains in the town.

(Code 1988, § 6-3-47; Ord. No. 06-05, § 17, 2006)

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