Knowledgebase-Vicious Dog Ordinance


Information Product

Title:Vicious Dog Ordinance
Summary:An ordinance of the Town of Baileyton adopting vicious dog regulations.
Original Author:Hardy, Pat
Co-Author:
Product Create Date:05/13/2009
Last Reviewed on::05/30/2017
Subject:Animal control--Municipal ordinances; Municipal ordinances
Type:Ordinance
Original Document: bailyton Vicious Dog Ordinance 2009.pdf

Reference Documents: bailyton Vicious Dog Ordinance 2009.doc

Text of Document: Ordinance Number ______
An Ordinance of the Town of Baileyton, Tennessee,
Adopting Vicious Dog Regulations

Whereas, it is the duty of the Town of Baileyton to protect its citizens against dangers associated with vicious dogs; and,

Whereas, certain breeds of dogs are known to have a propensity for viciousness; and,

Whereas, certain behaviors of dog owners contribute to dangers associated with vicious dogs;

Now, therefore be it hereby ordained by the Board of Mayor and Aldermen of the Town of Baileyton, Tennessee:
Section 1:

Title 10, Chapter 2, Section 10-204 is deleted in its entirety and replaced with the following:

10-204. Vicious Dogs.

A. Definition of Terms:

1. “Owner” means any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog, or the parents or guardian of a child claiming ownership.
2. “Vicious dog” means:

a. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or
b. Any dog which because of its size, physical nature, or vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this ordinance; or
c. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
d. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting;
e. Any pit bull terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.

3. A vicious dog is “unconfined” if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.

B. Confinement. The owner of a vicious dog shall not suffer or permit the dog to go unconfined.

C. Leash and Muzzle. The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

D. Signs. The owner of a vicious dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal.

E. Dog Fighting. No person, firm, corporation, organization or department shall possess or harbor or maintain care or custody of any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.

F. Insurance. Owners of vicious dogs must within 30 days of the effective date of this ordinance provide proof to the City Clerk of public liability insurance in the amount of at least $100,000, insuring the owner for any personal injuries inflicted by his or her vicious dog.

G. Penalties. Whoever violates any provision of this ordinance shall be guilty of a gross misdemeanor and may be punished by a fine of not less than $10 and not more than $50. The conviction of any owner of three (3) or more offenses under this chapter for any dog during one(1) calendar year shall require a confiscation and forfeiture of that animal based on the danger and incorrigibility of owner and animal. Failure to abide by a lawful order of forfeiture is punishable by contempt.

Section 2:

Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court, such a decision shall not affect the validity of the remaining portions of this ordinance.

Section 3:

This ordinance shall take effect ten (10) days after its passage, approval and recording, the public welfare requiring it.

Passed 1st Reading________________, 2009

Passed 2nd Reading________________, 2009

__________________________
Mayor
Attest:
_________________________________
Recorder

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.