(a) As used in this section, "vicious dogs" means and includes:
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any dog which has attacked a human being or domestic animal without provocation, and inflicted injury.
(3) Any breed of dog or any mix breed of dog which contains as a element of its breeding, primarily or in part, a known propensity, tendency, or disposition for the purpose of dog fighting or any dog trained for dog fighting.
(b) No person owning or harboring or having the care or custody of a vicious dog shall suffer or permit such dog to go unconfined on the premises of such person. A vicious dog is "unconfined" as the term is used in this section if such dog in not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of such person. Such pen or dog run area must also have either sides six feet high or a secure top. If the pen or structure has no bottom secured on the sides, the sides must be imbedded into the ground no less than one foot.
(c) No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained with a chain or leash not exceeding three feet in length.
(d) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.
(e) No person shall possess with intent to sell, or offer for sale, or breed, any vicious dog within the City.
(f) Any person owning or harboring or having care of any vicious dog shall be liable for any claim, loss, damage or injury to persons resulting from acts, whether intentional or unintentional of the vicious dog.
(g) In the event that the Dog Warden or other law enforcement agent has probable cause to believe that a vicious dog is being harbored or housed in violation of this chapter, the Dog Warden or other law enforcement agent may seize and impound the vicious dog pending trial. In the event that the dog warden or other law enforcement agent has probable cause to believe that a vicious dog has attacked a human being or a domestic animal, the dog warden or other law enforcement agent may seize, quarantine and impound the vicious dog pending trial.
(h) Subsections (b) and (c) herein 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 City; and lack of knowledge or lack of intent is not a defense to a violation thereof.
(i) (1) Whoever violates this section shall be guilty of a misdemeanor of the first degree. Whoever if found guilty of a second offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000) which fine shall be mandatory, and shall not be suspended or remitted.
(2) Any vicious dog which attacks 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.
(3) 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, for no longer than thirty days.
(Ord. 13-86-0. Passed 6-9-86.)