(a) As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the following meanings:
Animal: Any and all types of animals, both domesticated and wild, male and female.
At Large: Off the premises of the owner or custodian of the animal and not under the immediate control of the owner or custodian.
Bitten: Has been seized with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin.
Dangerous Animal: An animal that is: 1) unmuzzled, unleashed or unattended by its owner or custodian, and 2) that is anywhere other than upon the property of the owner or custodian of the animal, and 3) that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal. "Dangerous animal" also means an animal that, without justification, has bitten a person or domestic animal without causing serious physical injury. A dog shall not be considered a dangerous animal if the conduct of the dog was justified because: 1) the threat or injury was inflicted by the dog on a person in response to a crime or offense being committed by such person, in the presence of the dog, upon the owner or custodian of the dog, or in response to a wilful trespass or other tort being committed upon the premises of property owned or occupied by the owner of the dog; 2) the person injured or threatened by the dog was abusing, assaulting or physically threatening the dog or its offspring; or 3) the dog was responding to pain or injury, or was acting to protect itself, its offspring, or its owner, custodian or a household member.
Dog: All members of the family Canidae, either male or female.
Dog License: A license and registration tag required to be issued annually for each individual dog.
Impound: Taking an animal into the custody of a pound.
Keep Or Harbor: To own, maintain, possess, control or use an animal.
Owner: Any person owning, controlling, keeping or harboring a dog or other animal.
Pound: An establishment approved for the custody, confinement or dispatch of dogs or other animals seized either under the provisions of this chapter or otherwise.
Serious Physical Injury: A physical injury that creates a substantial risk of death or that causes death, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or a need for plastic surgery.
Vicious: The propensity to do any act that might endanger the safety of any person or property of another, including, but not limited to, a disposition to mischief or fierceness as might lead to attack on human beings, other animals on public or private property without provocation, whether in play, anger or outbreak of untrained nature.
Vicious Animal:
(1) Any animal which has, without justification, bitten a person or domestic animal without causing serious physical injury, and which has previously behaved in a manner that the owner or person who harbors the animal knew or should reasonably have known that the animal is possessed of tendencies to attack or bite persons or domestic animals without provocation.
(2) Any animal which has, without justification, bitten a person or domestic animal without causing serious physical injury, and which has previously been determined to be a dangerous animal.
(3) Any animal that has been found to be a dangerous animal upon three (3) separate occasions.
(4) Any animal that, without justification, attacks a person and causes serious physical injury.
(5) A dog shall not be considered a vicious animal under subsection (1), (2) or (4) of this definition if the biting or attacking conduct of the dog was justified because: 1) the biting injury or attacking conduct was inflicted by the dog on a person in response to a crime or offense being committed by such person, in the presence of the dog, upon the owner or custodian of the dog, or in response to a wilful trespass or other tort being committed upon the premises of property owned or occupied by the owner of the dog; 2) the person injured or threatened by the dog was abusing, assaulting or physically threatening the dog or its offspring; or 3) the dog was responding to pain or injury, or was acting to protect itself, its offspring, or its owner, custodian or a household member. (Ord. 0-11-44, 12-5-2011)