(A) Definition: A "dangerous dog" is defined as:
1. A dog with a propensity, tendency or disposition to attack, cause injury or otherwise endanger the safety of human beings, domestic animals, or livestock; or
2. Any dog of any age, male or female which, when unprovoked, in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon the streets, sidewalks, any public grounds or place or private property not owned or possessed by the owner of the dog; or
3. A dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or domestic animals without provocation.
4. Any dog owned or harbored primarily or in part for the purpose of fighting or any dog trained or bred for fighting including any dog that is an American pit bull terrier or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier.
5. Any dog which is kept with the intention of using its size, manner, disposition, training, or breeding to instill fear in others.
(B) Exceptions: Notwithstanding the above definition of "dangerous dog", no dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault or if an injury or damage was sustained by a person who at the time the injury or damage was:
1. Committing a wilful trespass or other tort upon the premises occupied by the owner of the dog; or
2. Committing or attempting to commit a crime; or
3. Teasing, tormenting, abusing or assaulting the dog.
(C) Penalty:
1. Any person who is found guilty of owning, harboring or has in his/her possession any dangerous dog which is found at large as defined in section 5-1-13 of this chapter shall be subject to a fine of not more than an amount established by resolution or by not more than thirty (30) days' imprisonment in the Valley County Jail, or by both fine and imprisonment; and
2. At the discretion of the chief of police, such dog found running at large may be killed. (Ord. 644, 3-28-2011; amd. Ord. 706, 11-23-2020)