A. Definition: A "vicious dog" is any dog whose behavior or actions fall within one or more of the following:
1. Any dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or
2. Any dog with a prior documented history, in any jurisdiction, of unprovoked attack or biting of persons or other domestic animals; or
3. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons.
Except that:
1. No dog may be declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: a) was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the dog, whether or not the dog's owner is present at the time of the unlawful trespass or other crime; or b) was teasing, tormenting, abusing or assaulting the dog; or c) was committing or attempting to commit a crime.
2. No dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
3. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes.
B. At Large Prohibited: No person owning or having custody or control of any dog known by such person to be vicious or dangerous shall permit it to run loose on or within the premises of such person, or otherwise, in such manner as to endanger the life or limb of any person lawfully entering such premises.
C. Keeping Prohibited: It is unlawful for any person to own, have custody of or control of any dog or any other animal which is vicious or dangerous. (Ord. 615, 4-12-2018)