Any person who keeps or harbors any dog, cat or other animal shall prevent such animal from being a nuisance. Any animal shall be considered a nuisance if it: damages, soils, defiles or defecates on private property other than its keeper’s or harborers, or on public rights-of-way or recreation areas, unless such waste is immediately removed and properly disposed of by its keeper or harborer; causes unsanitary, dangerous or offensive conditions; scatters refuse that is bagged or otherwise contained; causes a disturbance by making loud and excessive barking, howling, whining, or other noise-making tending to disturb the peace and quiet of the City and its inhabitants; or chases vehicles, or molests, attacks or interferes with persons or domestic animals on property other than property of its harborer or keeper.
(Repealed Ord. 410; Ord. 411; Ord. 439; Code 2016)
Pursuant to Section 2-203, it shall be unlawful for any person to willfully allow any dog under his or her control to be or to run at large within the City.
(Ord. 439; Code 2016)
(a) Prohibited: It shall be unlawful for any person to keep, possess or harbor a vicious animal within the City. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of a representative of the City of Clifton. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the City of Clifton, or representative of, to impound such animal.
(b) Defined: For purposes of this chapter a dangerous or vicious animal shall include:
(1) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any animal which in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property other than that of the owner; or
(3) Any animal which attacks a human being or domestic animal without provocation;
(4) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting;
(5) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty. Notwithstanding the definition of a dangerous or vicious animal above, no animal may be declared dangerous and prohibited if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be declared dangerous and prohibited if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal. No animal may be declared dangerous and prohibited if the animal was protecting or defending a human being within the immediate vicinity of the animals from an unjustified attack or assault. No animal may be declared dangerous and prohibited if the injury or damage was sustained by a chicken, duck or other fowl that was not in a fenced or enclosed area on its owner’s premises. Nothing in this Article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.
(c) Complaint: Whenever a sworn complaint is filed against the owner of an animal alleging that such animal is dangerous or vicious and in violation of this section, the Municipal Judge shall hold a hearing to determine whether or not the animal is dangerous or vicious within the meaning of this section and thereby in violation of this section. The hearing shall be held promptly within no less than five (5) nor more than twenty (20) days after service of notice upon the owner or keeper of the animal. If the owner or keeper of the animal contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.
(d) Responsibility of Owner for Expenses Incurred: The City shall, under no circumstances assume the responsibility for any expenses incurred in treatment of any wound inflicted by a vicious animal or for the necessity of the use of alternate facilities for impoundment. Upon a Court finding of responsibility of an owner for a vicious animal, said owner may be found liable for said medical treatment. Under Court Order only, shall the City of Clifton pay for any expenses incurred in seizure or housing of a vicious animal or for medical treatment of any wound inflicted by a vicious animal.
(e) Immediate Destruction: Nothing in this chapter shall be construed to prevent any representative of the City of Clifton from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
(f) Release of: If a formal complaint has been filed against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The Municipal Judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by a licensed veterinarian. Surrender of an animal by the owner thereof to the City does not relieve or render the owner immune from the decision of the Court, nor to the fees and fines which may result from a violation of this section.
(g) Penalties: Upon a finding that any animal is dangerous or vicious, the Municipal Judge may order the dog to be humanely put down, following any period of appeal. In lieu of putting the animal down, the judge may order the animal be removed from the City Limits to a safe environment. The Judge may make any other orders that serve the best interest of the public safety. The Judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine of not less than $100.00 but not to exceed $1,000.00.
(Ord. 439; Code 2016)
(a) When a complaint is filed that an offense has been committed in violation of this article, the Municipal judge may issue a summons instead of a warrant at the request of the City attorney. If a defendant fails to appear in response to the summons, a warrant shall issue. The summons shall be served upon a defendant by delivering a copy to him or her, personally or by leaving it at his or her dwelling, house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the defendant’s last known address.
(b) If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.
(Ord. 439; Code 2016)