§ 93.01 DEFINITIONS.

   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ATTACK. Aggressive physical contact initiated by the dog.

      DANGEROUS DOG. Any dog which:

         (a)   Without justification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals; or

         (b)   Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

         (c)   A dog’s breed shall not be considered in determining whether or not it is DANGEROUS.

         (d)   Further, no dog may be declared DANGEROUS:

            1.   If the threat, injury, or damage was sustained by a person who was committing at the time a willful trespass or other tort upon the premises occupied by the owner of the dog.

            2.   If the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.

            3.   If at the time the person was committing a crime or offense upon the property of the owner, or custodian, of the dog.

            4.   If the person was teasing, tormenting, abusing, or assaulting the dog, or in the past had teased, tormented, abused, or assaulted the dog.

            5.   If the dog was attacked or menaced by a domestic animal, or the domestic animal was on the property of the owner, or custodian of the dog.

            6.   If the dog was responding to pain or injury, or protecting itself, its kennels, or its offspring.

            7.   If the person or domestic animal was disturbing the dog’s natural functions, such as sleeping or eating.

            8.   Neither growing nor barking, nor both, shall alone constitute grounds upon which to find a dog to be DANGEROUS.

      DOMESTIC ANIMAL. Any animal commonly kept as a pet in family households and any animals commonly kept for companion or commercial purposes.

      INJURY. Any breaking of the skin, which results in bleeding caused by bite.

      SERIOUS INJURY. Any physical injury consisting of broken bones or a permanently disfiguring laceration requiring either multiple stitches or cosmetic surgery.

   (B)   Law enforcement exemption. The provisions of §§ 93.01 through 93.07 do no apply to dogs used by law enforcement officials during the course of performing law enforcement-related activities.

(Ord. 2004.6, passed 6-15-2004)