As used in this chapter:
(a) "Animal" means any live or dead dog (canis familiaris), cat (felix catus), monkey (non-human primate mammal), guinea pig, hamster, rabbit or any other warm-blooded animal which is a domesticated pet, or used for exhibition purposes, or is intended for use in research, testing or experimentation. The term excludes livestock and poultry.
(b) "Livestock" means horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine and any animals normally found in the wild state which are being kept for exhibition purposes or as private pets.
(c) "Poultry" means all domesticated fowl and all game birds which are legally held in captivity.
(d) "Owner" refers to any person, firm, association or corporation owning, keeping or harboring any animal, livestock or poultry.
(e) "Keeping" or "harboring" an animal, livestock or poultry includes allowing an animal, livestock or poultry to remain, be lodged, or fed within a building, enclosure or yard or maintaining such animal, livestock or poultry in one's custody or control.
(f) "At large" means off the premises of the owner, and not under his physical control by leash, cord, chain, tether or other physical control.
(g) "Animal shelter" means an open or enclosed accessory structure designed, built, altered, or used to temporarily or permanently house wild or domestic animals of any kind.
(h) "Dangerous dog" means a dog that, without provocation, and subject to paragraph (5) below meets any of the following:
(1) Has chased or approached in either a menacing fashion or an apparent attitude of attack;
(2) Has attempted to bite or otherwise endanger any person while that dog is off the premises of its owner, keeper or harborer or some other responsible person;
(3) Is not physically restrained or confined in a locked pen which has a top, a locked fenced yard or other locked enclosure which has a top;
(4) "Dangerous dog" also includes, but is limited to, any dog whose owner has been found guilty of a violation of Section 905.02, at large, with respect to such dog, and any dog classified as a "dangerous dog" by the animal warden after the animal warden has received and investigated a complaint about such dog;
(5) "Dangerous dog" does not include the following: A police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(i) "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.
(j) "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.
(k) "Vicious dog" means a dog that, without provocation, meets any of the following criteria:
(1) Has killed or caused serious injury to any person;
(2) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(3) "Vicious dog" also includes, but is limited to, any dog classified as a vicious dog by the animal warden after investigation of any complaint of such dog as a vicious dog.
"Vicious dog" does not include either of the following:
(1) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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.
(2) 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.
(l) "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. 90-158. Passed 9-17-90.)