For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG.
(1) A dog that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer and not under the 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 or other locked enclosure which has a top.
(2) Does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, 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.
MENACING FASHION. A dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
POLICE DOG. A dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their duties.
VICIOUS DOG.
(1) A dog that, without provocation and subject to § 90.16, meets any of the following:
(a) Has killed or caused serious injury to any person; or
(b) Has caused injury, other than killing or serious injury, to any person or has killed another dog or domestic animal or livestock.
(2) Does not include either of the following:
(a) A police dog that has killed or caused serious injury to any person that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties; or
(b) A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
WITHOUT PROVOCATION. A dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(Ord. 2323, passed 2-1-2007)