DANGEROUS ANIMAL ORDINANCE

Section 1. Purpose 

The purpose of this ordinance is to protect the health, safety, and welfare of the residents of the Town of Paleto Bay by establishing procedures for the identification, regulation, and control of dangerous animals while ensuring fair treatment of animal owners and humane handling of animals.

The Town recognizes that the vast majority of animals are not inherently dangerous and that responsible ownership is the most effective means of preventing injuries and conflicts.

Section 2. Definitions 

Dangerous Animal means any domestic animal that, without lawful provocation, has:

1. Inflicted serious bodily injury upon a person or another domestic animal;

2. Killed another domestic animal while off the owner's property;

3. Engaged in repeated aggressive behavior creating a reasonable fear of imminent attack; or

4. Been determined by the Town to present a substantial threat to public safety based on documented conduct.

Aggressive Behavior includes charging, attacking, biting, chasing, or other actions that would cause a reasonable person to fear injury.

Owner means any person who owns, keeps, harbors, possesses, or exercises custody or control over an animal.

Serious Bodily Injury means an injury involving substantial risk of death, permanent disfigurement, significant impairment, or injuries requiring professional medical treatment.

Section 3. Exclusions 

An animal shall not be declared dangerous solely because it:

• Defended itself or its owner from an unlawful attack;

• Protected its young or property from trespassers;

• Responded to abuse or provocation;

• Was performing lawful police, military, search and rescue, or agricultural duties;

• Bit or injured a person committing a criminal offense upon the owner's property.

Breed alone shall never be sufficient to classify an animal as dangerous.

Section 4. Reporting of Incidents 

Any person who witnesses or is involved in an attack resulting in injury shall promptly report the incident to the Paleto Bay Police Department or Animal Services.

The investigating agency may collect statements, photographs, veterinary records, medical records, and other relevant evidence.

Section 5. Investigation 

Upon receiving a complaint, Animal Services or the Paleto Bay Police Department shall investigate the circumstances surrounding the incident.

Pending investigation, officials may require temporary confinement or quarantine when necessary to protect public safety or public health.

Owners shall cooperate with reasonable investigative requests.

Section 6. Dangerous Animal Determination 

Following investigation, the Town may determine that an animal is dangerous based upon substantial evidence.

The owner shall receive written notice of the determination, the reasons supporting it, and the right to appeal.

Until a final determination is made, the animal may remain subject to temporary restrictions when reasonably necessary.

Section 7. Owner Responsibilities 

Owners of animals declared dangerous shall:

1. Maintain secure confinement sufficient to prevent escape;

2. Prevent unauthorized access to the animal;

3. Display warning signage clearly visible at entrances to the property;

4. Keep the animal muzzled and on a leash not exceeding six (6) feet whenever outside its enclosure;

5. Immediately report escape or transfer of ownership to the Town.

Failure to comply constitutes a separate violation.

Section 8. Registration 

The Town may require dangerous animals to be specially registered and may require proof of:

• Current vaccinations;

• Microchip identification;

• Liability insurance or financial responsibility where applicable;

• Compliance with enclosure requirements.

Registration shall be renewed annually.

Section 9. Impoundment 

Animal Services or law enforcement may impound a dangerous animal when:

• It is running at large;

• It has escaped secure confinement;

• The owner violates this ordinance;

• Immediate action is necessary to protect public safety.

Impoundment shall not constitute forfeiture unless otherwise ordered by lawful authority.

Section 10. Humane Disposition 

No dangerous animal shall be euthanized solely because it has been designated dangerous.

Humane euthanasia may be authorized only when:

• The animal presents an immediate and continuing threat that cannot reasonably be mitigated;

• Ordered by a court or other lawful authority;

• Necessary to prevent imminent loss of life or serious bodily injury.

Whenever feasible, alternative measures shall be considered first.