For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. Any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog.
VICIOUS DOG. This term means:
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which because of its size, physical nature or vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter;
(3) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal;
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;
(5) A
VICIOUS DOG is unconfined if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.
(`83 Code, § 3-301)