(a) (1) "Vicious animal" means an animal that, without provocation and subject to division (a)(2) of this section, 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 a dog or domestic animal;
(2) "Vicious animal" does not include either of the following:
A. A police dog that has killed or caused serious injury to any person or 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.
B. An animal 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 animal.
(b) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(c) "Without provocation" means that the animal was not teased, tormented, or abused by a person, or that the animal 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 animal as a means of carrying out such activity.
(d) No person shall knowingly own, keep, or harbor a vicious animal as defined in this section within the corporate limits of the Village.
(e) This section is a necessary control to eliminate the risk of attack by vicious animals, as defined herein, on human beings in the village, which has become a threat to the health, safety and welfare of the public in all areas of the Village.
(f) Whoever violates this section shall be guilty of a misdemeanor of the second degree. Penalties shall be as provided in Chapter 698.
(Ord. 92-49. Passed 11-5-92; Ord. 92-70. Passed 12-3-92; Ord. 05-46. Passed 12-8-05.)