(A) The following definitions shall apply to the regulations set forth in this section:
OWNER. A person who owns, keeps or harbors a dog.
PROVOKE. To perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.
SERIOUS INJURY. Permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.
TORMENT. An act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.
VICIOUS DOG. A dog that bites or attacks a person or a dog that bites and attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. The term shall also include any dog that the owner knows has a tendency, a propensity or disposition to attack. The term VICIOUS DOG shall not include any of the following:
(a) A dog that bites or attacks a person who is knowingly trespassing on the property of the dog’s owner; or
(b) A dog that bites or attacks a person who provokes or torments the dog; or
(c) A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(B) Any person who shall keep or harbor a vicious dog shall comply with the following requirements:
(1) Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than 4 feet in length. No person shall permit such a dog to be kept on chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all such dogs on a leash outside of the animal’s kennel must be muzzled by muzzling device sufficient to prevent such dog from biting persons or other animals.
(2) Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided. Such pen, kennel, or structure must have secure sides and a secure top attached to sides. All structures used to confine such dogs must be locked with a key or combination lock when such animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in ground to a depth no less than 2 feet. All structures erected to house the dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) Confinement indoors. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure where window screens or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) Signs. All owners or keepers of vicious dogs within the city shall within 10 days of the effective date of this ordinance display in a prominent place of their premises a sign easily readable by the public using the words “BEWARE OF DOG.” In addition, a similar sign is required to be posted on the kennel or pen of the animal.
(C) (1) It shall be unlawful for the owner or keeper of a vicious dog within the City of Burton to fail to comply with the requirements set forth in sub-section 133.06(B) above.
(2) The owner or keeper of any vicious dog who bites or attacks a person, or, who bites or attacks another dog shall also be deemed in violation of the terms of this section of the Code of Ordinances of the City of Burton.
(D) (1) Hereinafter any sworn Burton police officer or code enforcement officer shall have the authority to seize and remove any vicious dog who the officer has probable cause to believe has bitten or attacked another dog and who has caused serious injury or death to that dog.
(2) Any vicious dog owned to be kept or harbored in violation of the regulations set forth in sub-section (B) shall also be subject to immediate seizure and impoundment by any sworn Burton police officer or code enforcement officer.
(3) Further, hereinafter any sworn Burton police officer shall be authorized to use such force, including the use of deadly force, if necessary, to subdue any vicious dog being seized and removed pursuant to these sub-sections.
(E) Any vicious dog removed or seized by any City of Burton officer or official, or by any Genesee County Animal Control Officer in accordance with the terms of this section shall be kept and remain at the Genesee County Animal Control facility until the final resolution of the show cause hearing as described in sub-section 133.06(F) below. The owner of the dog shall be responsible for the payment of all costs of the confinement and capture.
(F) (1) Any officer or official who shall seize a vicious dog pursuant to this ordinance shall file a sworn complaint in the Burton District Court which shall include the facts to conclude that any of the following exists:
(a) A dog, licensed or unlicensed, has destroyed property or habitually caused damage by trespassing on the property of a person who is not the owner.
(b) A dog, licensed or unlicensed, has attacked or bitten a person.
(c) A dog, licensed or unlicensed, has run at large contrary to this code or any other applicable city ordinance.
(2) Upon receipt of such a sworn complaint, the District Court Judge or Magistrate shall issue a summons to the dog’s owner or keeper to appear and show cause why the dog should not be destroyed.
(3) Subsequent to the show cause hearing the District Court Judge or Magistrate shall order the dog destroyed at the expense of the owner or keeper if it is determined that the dog bit or attacked a human being, or that the dog is a vicious dog as defined by sub-section 133.06(A)(1). The District Court Judge or Magistrate shall also have the authority to order the dog confined to the premises of the owner upon a determination that the dog is not likely to escape from those premises.