505.001 DEFINITIONS.

   As used in this chapter unless otherwise specifically provided herein:

   (a)    (1)    "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(2) hereof has done any of the following:

         A.    Chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person,

         B.    Caused injury, other than killing or serious injury, to any person;

         C.    Injured or killed another dog;

         D.    Been the subject of a third or subsequent violation of Section 505.01(c).

      (2)    "Dangerous dog" does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.

   (b)    "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

   (c)    "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.

   (d)    (1)    "Vicious dog" means a dog that, without provocation and subject to subsection (f)(2) hereof has killed or caused serious injury to any person or any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

      (2)    "Vicious dog" does not include either of the following:

         A.    A police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;

         B.    A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.

   (e)    "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

      (Ord. 2016-16. Passed 12-20-16.)