(a) As used in this section:
(1) “Dangerous dog” means a dog that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has bitten or attempted to bite or otherwise endanger any person, or has bitten another animal, while the 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. Further, a “dangerous dog” means a dog that, without provocation, has bitten any person while on the premises of its owner, keeper or harborer, “Dangerous dog” does not include a police canine unit.
(2) “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) “Police canine unit” means a dog that has been trained, or is currently in training, for law enforcement work and is used to assist one or more law enforcement officers in the performance of their official duties.
(4) “Vicious dog” means a dog that, without provocation, meets any of the following:
A. Has killed or caused serious injury to any person;
B. Has caused injury, other than killing or serious injury, to any person, or has killed another domesticated animal;
(5) “Vicious dog” does not include either of the following:
A. A police canine unit;
B. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a criminal offense on the property of the owner, keeper or harborer of the dog.
(6) “Without provocation” means that the 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 member of its owner's household who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(b) Prohibitions and Regulations.
(1) No owner, keeper or harborer of a dangerous dog shall fail to do the following:
A. While that dog is on the premises of the owner, keeper or harborer, or on the premises of another, securely confine it at all times in a building, in a locked pen which has a secure top, locked fenced yard or other locked enclosure which has a secure top. or other humane restraint sufficient to prevent it from escaping or from attacking or biting any person with privilege to enter upon the property.
B. While the dog is being led on any sidewalk, street or public place, keep it restrained by a choker collar on a leash or tether that is not more than six feet in length and of sufficient strength to restrain the dog, which is controlled by a person who is of suitable age, strength and discretion, and keep a muzzle on the dog.
(2) No person shall sell, permanently transfer or change the domicile of a dangerous dog without first notifying in writing any person who will become the owner, keeper or harborer of such dog that the dog is dangerous, and also notifying the Police Department in writing of the pending sale, transfer or change of location of that dog. Such notification to the Police Department shall include the name, address and phone number of the person who will be the owner, keeper or harborer of that dog and the location where it will be kept.
(3) No owner, keeper or harborer of a dangerous dog shall allow it to run at large.
(4) No person shall possess, harbor or keep a vicious dog within the Village.
(5) No person shall possess, harbor or keep a dog for the purpose of dog fighting or train, torment, badger, bait, or use any dog tor the purpose of causing or encouraging the dog to attack human beings or domestic animals.
(c) Penalties.
(1) Whoever violates divisions (b)(1) or (2) of this section is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the dangerous dog to be removed from the Village or be humanely destroyed by a licensed veterinarian.
(2) Whoever violates divisions (b)(3), (b)(4) or (b)(5) of this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the vicious dog to be removed from the Village or to be humanely destroyed by a licensed veterinarian.
(3) Unless otherwise waived in writing by Council, the cost of emergency confinement of any dog, as authorized under division (d) of this section, shall be assessed by the Court for a violation of this section.
(d) Emergency Confinement. In the event the Chief of Police, or his or her designee, shall determine that a dangerous or vicious dog presents an immediate risk of physical harm to any other person or animal, the Chief of Police shall be authorized to immediately confine said vicious or dangerous dog at the cost of the owner of said dog. The confinement of said animal shall continue until whichever of the following is applicable:
(1) If charges are filed against any person under this section, until such time as any charges brought under this section are fully disposed of;
(2) In the event charges are not brought under this section, within 30 days of the beginning of the confinement of said animal;
(3) The Chief of Police, or his or her designee, determines the owner of said dog has made appropriate arrangements to provide for the care and confinement of said animal and has thereby removed the immediate risk of physical harm posed by said dog to any person or animal.
(Ord. 2011-31. Passed 10-5-11.)