(A) A VICIOUS DOG is defined to include:
(1) Any dog with a propensity, tendency or disposition to attack, to cause injury to or to otherwise endanger the safety of human beings or domestic animals;
(2) Any dog that violates § 90.16(A)(1) of this chapter;
(3) Any dog which chases, snarls, growls at or approaches a person who is upon a street, sidewalk, roadway, alley, or a parking lot used by the public, or in or upon any public place in a menacing fashion or with an apparent attitude of attack;
(4) Any dog owned or harbored primarily or in part for purposes of fighting, or any dog trained for fighting; or
(5) Any dog which attacks a human being or domestic animal without provocation.
(6) It shall be unlawful for any person to keep or harbor within the city a dog known to be vicious unless it is at all times kept on the owner’s or harborer’s property securely confined indoors or in a securely enclosed and locked outdoor pen or shelter suitable to prevent the entry of young children and in all respects designed to prevent the dog from escaping, and in fact preventing the dog from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet, must have secure sides and must be at least seven feet high and have a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide for the dog protection from the environmental elements. A vicious dog shall only be transported to or from the indoors and/or to or from the securely enclosed and locked outdoor pen or shelter if such dog is securely muzzled and securely restrained by a suitable chain or leash not exceeding six feet in length and the vicious dog is under the manifest control of a responsible adult. The muzzle must be made in such manner that it will not cause injury to the dog or interfere with its vision or respiration but will in all respects prevent the dog from biting any person or animal.
(C) Vicious dogs shall be permitted off the owner’s or harborer’s property only if such dogs are muzzled and restrained by a substantial chain or leash not exceeding six feet in length and are under the manifest control of a responsible adult; and then, only for the purposes authorized by KRS 258.235—to visit the veterinarian or to be turned in to an animal shelter. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent the dog from biting any person or animal.
(D) When any dog is required by this section to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined.
(E) No person under the age of 18 years shall be permitted to own, harbor or handle a vicious dog.
(F) It shall be unlawful for any person to keep or harbor within the city a vicious dog unless it is at all times wearing a vicious dog collar issued by Henry County Animal Control. It shall be unlawful for any person to remove such collar from a vicious dog.
(Ord. 2013-012, passed 8-12-13) Penalty, see § 90.99