(a) No owner, keeper, or harborer of a dog, shall allow that dog, without provocation, to chase or approach a person in either a menacing fashion or attempt to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer, and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard of suitable height to contain the dog, or other locked enclosure which has a top.
(b) No owner, keeper, or harborer of a dog, shall allow that dog, without provocation, to kill or cause serious bodily injury to any person or other domestic animal while that dog is off the premises of its owner, keeper or harborer, and not under the reasonable control of its owner, keeper, harborer or some other responsible person or not physically restrained or confined in a locked pen which has a top, locked fence yard of suitable height to contain the dog, or other locked enclosure which has a top.
(c) None of the provisions herein are applicable where a police dog that has chased or approached a person in a menacing fashion, or has attempted to bite or otherwise endanger, any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(d) Whoever violates subsection (a) is guilty of owning, keeping, or harboring a dangerous or vicious dog, a minor misdemeanor. If the offender previously has been convicted of a violation of this section, a violation of this section, shall be a misdemeanor in the fourth degree.
(e) Whoever violates subsection (b) is guilty of owning, keeping, or harboring a vicious dog, a misdemeanor in the fourth degree. If the offender previously has been convicted of a violation of this section, a violation of this section shall be a misdemeanor in the third degree.
(f) The Court may order, in addition to any other penalties set forth herein, that the owner, keeper, or harborer of any dog who, while off premises, causes injury, other than serious injury of death, to any individual, to enroll such dog in a dog obedience training school within a time set by the Court after a conviction or entry of a guilty plea of an offense under this section, and require that documentation of successful completion be provided. Failure to enroll or successfully complete such program may result in the dog being impounded and seized.
(g) In addition to any other penalties set forth herein, in the event that an owner, keeper, or harborer of a dog is in violation of subsection (b), the Court may order the dog be permanently removed from the Village of Delta within ten days of the date of conviction, or three days after completion of any quarantine period ordered by any agency, whichever is greater, or the Court may order the dog be humanely destroyed by a licensed veterinarian, the county dog warden or the county humane society at the owner, keeper or harborer’s expense.
(h) Upon a violation of subsection (a) or (b), or other substantially equivalent state or local law, in addition to any other penalties set forth herein, the Village of Delta may request the Court, at trial, and upon clear and convincing evidence, to classify the dog as dangerous or vicious.
(1) In making a determination under this section, the court shall consider all relevant factors, including but not limited to, the following:
A. The nature and extent of any and all injuries inflicted and the number of victims involved;
B. Any prior history of the animal attacking, biting, or causing injury to a person or domestic animal. As used in this section “bite” means any penetration of the skin by the teeth of such animal;
C. The extent to which clothing or other property was damaged or destroyed;
D. The place where the incident took place;
E. The presence or absence of any provocation for the incident;
F. The age, size, and strength of the dog;
G. Whether the animal exhibits any characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domestic animals;
H. The manner in which the animal has been trained; handled and maintained by its owner, keeper, or harborer;
I. Any mitigating factors, including but not limited to;
J. Public health, safety and welfare;
K. Any other relevant evidence concerning the animal; and
L. Any other relevant evidence regarding the ability of the owner, keeper, or harborer to protect the public safety in the future.
(2) The Court shall issue written findings either classifying the dog as dangerous or vicious and identifying the supporting factors considered or declining to classify the dog as dangerous or vicious.
(Ord. 05-07. Passed 5-2-05.)