§ 90.01 DEFINITIONS.
   For purposes of this chapter, the following shall have the following meanings ascribed to them respectively.
   “AT LARGE.” The conduct of an animal outside of an enclosure and not on a leash, runline, or otherwise restrained and under the direct and immediate control of a person physically capable of restraining the animal.
   "BITE." To seize with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and includes without limitation any contact of saliva with any break or abrasion of the skin.
   "COMPANION ANIMAL." An animal commonly considered to be, or to be used as, a pet. "COMPANION ANIMAL" includes, but is not limited to, canines, felines, and equines.
   "DANGEROUS DOG." Any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under restraint and under direct control. The term “dangerous dog” includes any dog that, when unprovoked, has chased or approached a person on any public or private property in a menacing fashion or apparent attitude of attack. The term “dangerous dog” shall not apply to dogs utilized by Law Enforcement Officers in the performance of their duties.
   “DIRECT CONTROL.” The term “direct control” means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area, or to dogs utilized by Law Enforcement Officers.
   "DOG." All members of the family Canidae.
   "ENCLOSURE." A fence or structure at least six feet in height, forming or causing an enclosed area, which is sufficiently sturdy to prevent the entry of young children, and which is suitable to confine a vicious or dangerous dog in conjunction with other measures which may be taken by the owner or keeper. Such enclosure shall be securely enclosed and locked, and designed with secure sides, top, and bottom, and shall be designed and continuously maintained to prevent the animal from escaping from the enclosure.
   "FIGHT." A prearranged conflict between two or more animals.
   "IN HEAT." An animal in a state in which it is capable of breeding.
   "MICROCHIP." A permanent identification system with a number injected under the skin that has been implanted by a licensed veterinarian.
   "MUZZLE." A device constructed of strong, soft material or of metal designed to prevent a dog from opening its jaws, but which shall not cause injury to the dog or interfere with its vision or respiration.
   "NIP." To pinch or squeeze with teeth with no breaking of skin or tissue.
   "OWNER." Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian.
   “PUBLIC NUISANCE ANIMAL.” “Public nuisance animal” means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term “public nuisance animal” shall include but not be limited to: any animal that is repeatedly found at large; any animal that damages, soils, defiles or defecates on any property other than that of its owner; any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; any animal, whether or not on the property of its owner, that without provocation molests or interferes with the freedom of movement of persons in a public right-of-way; any animal that chases motor vehicles in a public right-of-way.
   “UNDER RESTRAINT.” Under restraint means that an animal is secured by a chain, leash, or lead under the control of a person physically capable of restraining the animal and obedient to that person’s commands, or is securely enclosed within the real property limits of the owner’s premises.
   "VICIOUS DOG."
   (A)   Any individual dog shall be deemed vicious under the following circumstances:
      (1)   The dog, when unprovoked, inflicts bites to, physically injures, or otherwise attacks a human being or other animal, either on public or private property;
      (2)   The dog, due to behavior or training, has a known propensity, tendency, or disposition to attack, bite, cause injury, or to otherwise endanger the safety of human beings or domestic animals;
      (3)   The dog has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting; or
      (4)   The dog has been found to be a "DANGEROUS DOG" and the owner, harborer, keeper or other person having custody or control of the dog has been found to be in violation of § 90.23 on two separate occasions.
   (B)   Any animal that without provocation has bitten or attacked a human being or other animal shall be prima facie presumed vicious. No dog shall be deemed "vicious" if it bites, attacks, or menaces anyone who has tormented or abused it or its offspring; anyone assaulting its owner; or is a professionally trained dog for law enforcement duties.
(Ord. 7332, passed 5-17-88; Am. Ord. 8314, passed 6-3-03; Am. Ord. 8330, passed 12-2-03; Am. Ord. 8633, passed 2-3-09)