505.01  DEFINITIONS.
   As used in this chapter, the following definitions shall apply:
(a)    "Animal" means any live or dead dog, cat, monkey, guinea pig, hamster, rabbit or any other warm-blooded animal or cold-blooded animal in the reptile family that 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)    "Dangerous dog" is defined as follows:
(1)    "Dangerous dog" means a dog that, without provocation, and subject to subsection (b)(2) hereof, 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 or other animal, as defined in Section 505.01(a), while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, or other locked enclosure which has a top.
(2)    "Dangerous dog" does not include 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.
(c)    "Livestock" means horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kid, swine and any animals normally found in the wild state which are being kept for exhibition purposes or as private pets.
(d)    "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.
(e)    "Owner, keeper or harborer" means a person who owns, provides shelter or cares for an animal, or otherwise has control of or is responsible for such animal.
(f)    "Police dog" means a dog that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.
(g)    "Poultry" means all domesticated fowl and all game birds that are being held in captivity.
   (h)    "Vicious dog" is defined as follows:
      (1)    “Vicious dog” means a dog that, without provocation, and subject to subjection (h)(2) hereof:
         A.   Has killed or caused serious injury to any person or animal as defined in Section 505.01(a);
      (2)   “Vicious dog” does not include either of the following:
         A.   A police dog that has killed or caused 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; or
         B.   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.
   (i)    "Without provocation" means that a dog was:
      (1)    Not teased, tormented or abused by a person;
      (2)    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; or
      (3)    In the case of another domestic animal, that the dog was not attacked by such animal or that such animal was not running at large.
(Ord. 3602.  Passed 6-19-13.)