For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONFINED ON THE PREMISES. The condition in which an animal is securely and physically confined and restrained on and within the premises of the owner by means of walls, fences, rope, chain, leash or other device of the strength and size as to physically prevent the animal from leaving the premises, and to physically prevent the animal from causing physical injury to persons or other animals which are off the premises on which the confined animal is located.
DANGEROUS ANIMAL. An animal that, without provocation, has chased or approached in either a menacing fashion or in an apparent attitude of attack or has attempted to bite or otherwise endanger any person or other animal while the animal alleged to be dangerous is off the premises of the owner or while the animal is not physically restrained or confined on the premises. DANGEROUS ANIMAL does not include a police dog while the police dog is being used to assist law enforcement officers in the performance of their duty.
DISEASED ANIMAL. An animal believed to be infected with a dangerous or communicable disease.
MENACING FASHION. An animal would cause any person observing the animal to reasonably believe that the animal will cause physical injury to persons or other animals.
OWNER. The owner of an animal and every other person having the care or custody of or harboring, keeping or maintaining any animal.
VICIOUS ANIMAL.
(1) An animal that, without provocation, has killed or caused physical injury to any person or has killed or caused physical injury to another animal.
(2) VICIOUS ANIMAL does not include a police dog while the police dog is being used to assist law enforcement officers in the performance of their
official duties and where any injury inflicted by the police dog was reasonably related to the duties being performed.
WITHOUT PROVOCATION. An animal was not teased, tormented or abused and also means where the animal was not protecting its owner or owner's property from criminal activity by a perpetrator of a crime.
(Prior Code, § 4-109)