As used in this Chapter, and unless otherwise defined in section 505.09, certain terms are defined as follows:
(a) "Dangerous dog" means a dog which, 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 which presents a risk to the safety of any person, or which has caused serious physical injury to another domestic animal.
(1) A "dangerous dog" shall not include the following:
A. A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.
(2) It shall be prima-facie evidence that a dog is dangerous if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered dangerous, based on the following:
A. One or more verified incidents reported to the City that the dog (i) 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 (ii) has caused serious physical injury to any domestic animal; or
B. Because of improper training, neglect, prior history, physical or other characteristics including height and weight, or other good and sufficient cause, the dog presents a risk to the safety of any person.
(3) A determination by the Animal Warden that a dog is dangerous may be appealed as set forth in Section 505.20 of this Chapter.
(b) "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.
(c) "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.
(d) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(e) "Verified" means substantiated by investigation or confirmed by formal oath or affidavit.
(f) "Vicious dog" means a dog that, has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person, or has killed another domestic animal. A "vicious dog" shall not include a police dog.
(1) It shall be prima-facie evidence that a dog is vicious:
A. If its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered vicious, based upon the following:
1. One or more verified incidents reported to the City that the dog has, attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or
2. One or more verified incidents reported to the City that the dog has, killed another domestic animal.
B. If state law is amended to provide that it is prima facie evidence that a dog is vicious if it belongs to a particular breed. In that event, the ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog.
(Ord. 94-2019. Passed 11-4-19.)