(A) (1) It is unlawful to own, keep, harbor or maintain a dangerous animal exhibiting vicious behavior.
(2) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VICIOUS BEHAVIOR. Any animal, except a dog assisting a police officer engaged in law enforcement duties, is presumed vicious if the animal demonstrates any or all of the following behaviors:
1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting themselves peaceably and lawfully;
2. An attack, without provocation, that results in injury to a person in a place where such person is conducting themselves peaceably and lawfully; or
3. Harassing, chasing or an attack on other pets or on livestock not trespassing onto the property of, or injuring or attempting to injure the person, family or property of, the owner.
(B) For the purposes of this section, a person is peaceably and lawfully upon the private property of a dog owner when in the performance of any duty imposed by the laws of this state or any city or county, or by the laws or postal regulations, of the United States, or when on such property upon invitation, express or implied.
(C) Any such dangerous animal may be taken up and impounded by a law enforcement officer. The animal may be redeemed by the owner after compliance with all licensing and vaccination requirements if the animal is not being held for a court hearing.
(D) Upon a second or subsequent conviction under this chapter or in a single instance where the facts indicate that such action is necessary for the safety of the citizens of this town or their property, the dangerous animal shall be seized by a law enforcement officer. A court hearing will determine if the animal is to be euthanized or permanently removed from the town.
(Ord. 2008-01, passed - -) Penalty, see § 90.99