(a) No person owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.
(b) The owner, keeper or harborer of a vicious dog shall at all times keep the dog securely confined within a locked pen or locked enclosure or structure while on the premises of the owner, or securely leashed or tethered not to exceed six feet in length while off the premises of the owner, keeper or harborer.
(c) Subsections (a) and (b) above are necessary controls on the unrestrained activity of vicious animals which threaten the safety and pleasantness of streets, parks, sidewalks, yards and all areas of the Village; and lack of knowledge or lack of intent is not a defense to a violation thereof.
(d) (1) A vicious dog is "unconfined" as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a) hereof. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than one foot.
(2) A "vicious" dog as the term is used in this section means:
A. Any dog which has attacked, bitten, attempted to bite, caused injury, physical harm, killed or endangered the safety of a human being or domestic animal without provocation.
B. Any dog owed or harbored primarily or in part for the purpose of dog fighting, or a dog trained for dog fighting.
(e) (1) Whoever violates any provision of this section shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both, for a first offense of this section.
(2) When a person has been found guilty of a second subsequent offense of this section, such person may be imprisoned for not more than sixty days and shall be fined one thousand dollars ($1,000), which fine shall be mandatory, and shall not be suspended or remitted.
(3) In addition, any vicious dog which attacked a human being or another domestic animal may be ordered destroyed when in the court's judgment, such vicious dog represents a continuing threat of serious harm to human beings or other domestic animals. Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(Ord. 87-4. Passed 7-13-87.)