Legal Documents of Halls

Definition of terms. As used in this section:

1. "Owner" means any person, firm, corporation, organization or department having legal ownership of, possessing, harboring, or having the care or custody of a dog. "Own" means to have legal ownership of, possess, harbor, or have the care or custody of a dog.

2. "Vicious dog" means:

   1. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or

   2. Any dog with a propensity, tendency, or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or;

   3. 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

   4. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or

   5. 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 so as to be identifiable as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier; or

   6. Any Doberman Pinscher, which shall be defined as any Doberman Pinscher breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of Doberman Pinscher so as to be identifiable as partially of the breed of Doberman Pinscher; or

   7. Any Rottweiler, which shall be defined as any Rottweiler breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of Rottweiler so as to be identifiable as partially of the breed of Rottweilei

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. The pen or structure must either (i) have a bottom secured to the sides or (ii) 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.

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

Exceptions to confinement. A vicious dog may be unconfined for the following purposes:

1. Transporting the dog to or from a state-licensed veterinary office;

2. Transporting the dog to or from a state-licensed kennel for the lodging or breeding of dogs; or

3. Transporting the dog to the location of a purchaser of the dog.

When exercising these exceptions, the owner of a vicious dog shall not suffer or permit the dog to become unconfined unless the leash and muzzle provisions of subsection (4) below have been fully met.

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 an adult person whose weight is equal to or greater than said dog. 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 be sufficient to prevent the dog from biting any human or animal.

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 shall be posted on the pen or kennel of the animal.

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.

Insurance. The owner of a vicious dog must have (and when applying for a permit must supply proof of) public liability insurance in the minimum amount of fifty thousand dollars ($50,000.00) per person and one hundred thousand dollars ($100,000.00) per occurrence insuring the owner for any personal injuries inflicted by the vicious dog.

Permit required. No person shall own or maintain any vicious dog within the Town of Halls, Tennessee until he or she shall receive a permit to do so from the city recorder. The city recorder shall issue such permit to any applicant:

1. Whose premises for keeping the vicious dog comply with the requirements of this section. Compliance with the requirements of this section shall be determined by the Code Enforcement Officer of the Town of Halls; and,

2. Who meets the insurance requirements of subsection (7) above.

3. Who has otherwise exhibited compliance with the other provisions of this section.

Any permit may be revoked by the city recorder or by the code enforcement officer for failure to comply with any requirement of this section. However, notice of revocation shall be made in writing by the revoking officer and shall be served upon the holder of the permit by certified mail or hand delivery. The holder of the permit shall have a right to appeal the revocation to the board of mayor and aldermen; appeal shall be taken by delivering a written notice of appeal of the revocation to the city recorder within five (5) days of receipt of the revocation by the holder of the permit.

City property. The owner or custodian of a vicious dog shall not suffer or permit the dog to be upon city-owned property for any purpose, except upon the city roads for purposes described in subsection three (3) above.

Existing ownership(s) of vicious dogs. Any owner or custodian of a vicious dog in existence at the time this section becomes effective shall have thirty (30) days in which to obtain a permit and bring his/her premises into compliance with this section.

Penalty. Any owner or custodian of a vicious dog in violation of any provision of this section shall be guilty of a misdemeanor for each violation and upon conviction thereof shall be fined not less than fifty dollars ($50.00) for each offense. Each day that a violation continues shall constitute a separate offense.

Seizure and destruction. In addition to any other action taken under this section regarding a vicious dog, any vicious dog that is unconfined or is otherwise owned in violation of this section shall be seized and destroyed under the provisions of § 10-207 of this chapter; provided, however, that the owner of a vicious dog that is unconfined or is otherwise owned in violation of this ordinance shall have no right to redeem the vicious dog under the provisions of § 10-207. (1980 Code, § 3-204, as replaced by Ord. #07-11, Oct. 2007)