A. “Dangerous Dog or Animal” is defined as any of the following:
1. Any dog or animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.
2. Any animal which twice within a forty-eight (48) month period and in two separate incidents, has actively pursued, attacked, bitten or otherwise inflicted on a person or animal engaged in lawful activity an injury less severe than a ‘substantial injury’ (as defined in this Title 7).
3. Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury.
4. Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed and/or as provided in this Chapter.
5. Any dog or animal seized under Section 599aa of the Penal Code and whose owner or keeper is convicted under subdivision (a) of Section 597.5 of the Penal Code, or any animal used during or in the commission of a crime that constitutes a misdemeanor or a felony where the facts and circumstances of the animal’s involvement in the crime give reason to believe that the animal poses a threat to public health and/or safety.
B. "Potentially Dangerous Dog or Animal" is defined as any of the following:
1. Any dog or animal which when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior which requires a defensive action by any person to prevent bodily harm when the person and the dog or animal are off the property of the owner or keeper of the dog or animal.
2. Any dog or animal which, when unprovoked, bites a human being.
3. Any dog or animal, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of such dog or animal.
4. Any dog or animal, which on three (3) separate occasions within a twelve (12) month period, was observed being unrestrained off its owner's premises by an Animal Control or Code Enforcement Officer or private citizen of the City of Adelanto or was apprehended and/or impounded on three (3) separate occasions for being unrestrained or uncontrolled off its owner's premises.
C. "Vicious Dog or Animal" is defined as any of the following:
1. Any dog or animal which, when unprovoked, in an aggressive manner, inflicts substantial injury on or kills a human being.
2. Any dog or animal previously determined to be, and currently designated as, a potentially dangerous, dangerous or vicious dog or animal which, after its owner or keeper has been notified of its determination, continues the behavior described in Subsection B. above.
3. Any dog or animal currently listed and determined to be a potentially dangerous, dangerous or vicious dog or animal, which is not properly licensed and vaccinated, and/or not properly restrained and/or maintained on the owner’s property.
[Ord. No. 521, 10/23/13.]