As used in this article the following terms shall have the meanings set forth below:
At large means when any previously determined dangerous dog or other dangerous animal is off of the property of its owner and not under restraint or when any previously determined dangerous dog or other dangerous animal is not confined to a secure enclosure while on the property of its owner, it shall be deemed at large.
Dangerous animal means:
(1) A dog or other animal that:
a. Without provocation has killed or inflicted severe injury on a person, or
b. Is determined by the health director to be potentially dangerous because the animal has engaged in one or more of the behaviors listed in the definition of a potentially dangerous animal; or
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Potentially dangerous animal means a dog or any other animal that without provocation has killed or inflicted severe injury on a person, or a dog or another animal that has:
(1) Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
(2) Killed or inflicted severe injury upon domestic animal when not on the owner's real property; or
(3) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
Owner means any person, group of persons, firm, partnership or corporation owning, keeping, harboring, having charge of or taking care of a dangerous dog or other dangerous animal or allowing a dangerous dog or other dangerous animal to remain on its property for 72 hours.
Owner's property means any real property owned or leased by the owner of a dangerous dog or other dangerous animal, not including any public right-of-way or the common areas of a condominium, apartment complex or townhouse development.
Restraint: means a dangerous or potentially dangerous animal is restrained if it is firmly under the control of a competent person by means of a leash, chain, or rope at all times. When the animal is not in a secure enclosure but on the owner's property it shall be securely under restraint by a competent person who by means of a leash, chain, or rope has the animal firmly under control at all times. When a dangerous or potentially dangerous animal is off of the property of its owner, restraint shall also include a secure muzzle on the animal. For purposes of this section, tying a dangerous animal or potentially dangerous animal to a stake, pipe, tree or any other stationary object shall not constitute restraint. When the animal is not under the control of a competent person, restraint shall mean confinement to a secure enclosure deemed appropriate by the health director or his designee.
Secure enclosure means an enclosure from which dangerous animal or potentially dangerous animal cannot escape unless freed by an owner. Enclosures shall be of a size appropriate for the animal it will hold, and must have a concrete floor. The enclosure shall be constructed with a minimum of 11½ gauge galvanized chain link fencing securely attached to the frame of said enclosure. The enclosure shall have a wire top also constructed of a minimum 11½ gauge galvanized chain link fencing. The enclosure's exit/entry gate must be equipped with a pad lock. Such facilities must be approved by the health director or his designee. Human dwelling units shall not be approved as enclosures for dangerous animals.
(Ord. No. 2007-1001, Art. VIII, (1), 10-26-2007; Ord. No. 2007-1003, 10-26-2007)