A. An owner or person in possession of a dog that bites or attacks a Companion Animal, or bites or attacks a human being without causing serious injury and without justified provocation as provided in this Chapter, is guilty of an infraction, and shall be punished by a fine of $150 upon conviction. Further, as consequence of the owner or person in possession pleading guilty or being found guilty of an infraction under this subsection, the dog which bit or attacked shall be deemed an At-Risk Dog, provided the animal is found to meet the definition as provided in this Chapter, and that justified provocation was not a factor in the incident. The provisions of Section 5-7-19 applicable to keeping at-risk dogs shall apply to that dog.
1. If, within twelve (12) months from the date of a conviction under this Section, a dog again attacks or bites a Companion Animal, or attacks or bites a human being and without justified provocation, and without causing serious injury, the owner, or person in possession, shall be guilty of misdemeanor. Further, as a consequence of the owner or person in possession pleading guilty or being found guilty of a misdemeanor under this subsection, the dog which bit or attacked shall be deemed dangerous. The provisions of Section 5-7-19 applicable to keeping dangerous dogs shall apply to that dog.
B. Any owner, or person in possession, of a dog that bites or attacks a human being and causes serious injury and without justified provocation as provided in this Chapter shall be guilty of a misdemeanor. Further, as a consequence of the owner (or person in possession) pleading guilty or being found guilty of a misdemeanor under this subsection, the dog which bit or attacked shall be deemed a Dangerous Dog provided the animal is found to meet the definition of dangerous dog as provided in this Chapter, and that justified provocation was not a factor in the incident. The provisions of 5-7-19 applicable to keeping a Dangerous Dog shall apply. (Ord. 945, 1-24-2023)