(A) Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL.
(a) Any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by unprovoked assault or bite or scratch so as to cause serious bodily harm;
(b) Any animal that approaches a human being or other domestic animal upon the streets, sidewalks, or any public grounds in a vicious or terrorizing manner or an attitude of aggression when unprovoked;
(c) Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or otherwise endanger the safety of, a human being or other domestic animal;
(d) Any animal which bites, inflicts injury to, or otherwise attacks a human being or other domestic animal without provocation on public or private property;
(e) Any animal which scratches, inflicts injury, assaults, or otherwise attacks a human being or other domestic animal without provocation on public or private property;
(f) Any animal which behaves in such a manner that the owner therefor knows, or should reasonably know, that the animal possesses a tendency to attack, bite, or scratch a human being or other domestic animal;
(g) Any animal certified by a licensed or certified aggression dog trainer, evaluator, or behaviorist after observation thereof, as posing a danger to a human being or other domestic animal, if not kept in a manner required by this chapter upon the basis of behavioral probability;
(h) Any animal that cannot be vaccinated against rabies with an approved rabies vaccine, and any animal which has no established rabies quarantine observation period; and
(i) An animal may not be deemed DANGEROUS solely because:
1. It bites, scratches, attacks, or menaces:
a. Anyone assaulting its owner. This shall not include any law enforcement officer attempting to subdue or affect the arrest or detain of a suspect;
b. It has attacked, or attempted to attack, any person or animal that has tormented or abused it.
2. It is otherwise acting in defense of any attack from a person or other animal upon its owner or any other person;
3. It is defending its offspring and is on its owners property;
4. Anyone entering the owner’s property to commit robbery, burglary, assault, or other crime, or entering a secured building without permission. Simple trespassing by a person onto private property may not be considered provocation for any attack;
5. It is severely injured or incapacitated; and/or
6. Any animals which are employed by a law enforcement department in the state, or any animal which has been certified either nationally or by the state for use in law enforcement work; provided the animal is owned and in the possession of the handler and/or for whom the certification was meant.
(B) Enclosures for dangerous animals.
(1) Enclosures for dangerous animals shall be a covered fence or fabricated structure at least six feet in height, installed beneath ground level, or in concrete or pavement to prevent digging under it, and with a gravel or concrete floor; and of a sufficient size to allow the animal to stand, sit, and turn around in a natural position, and which allows for adequate exercise for the size/breed being kept.
(2) Enclosures shall be designed to prevent the entry of children or unauthorized persons. Such enclosures shall be securely locked with a combination or key lock which has been designed to prevent accidental or malicious opening of the enclosure.
(3) The enclosure must contain proper shelter, a shaded area, and be properly ventilated. The owner’s residence, other existing residence, and/or storage building are not appropriate enclosures for a dangerous animal, unless approved by an animal control officer. Any structure may be subject to approval by the county’s Building Department, and it is the responsibility of the owner to comply with building codes, if required.
(C) Restraint for a dangerous animals. Restraint for a dangerous animals shall be:
(1) On the premises of the owner and confined in a secure enclosure, as previously defined; or
(2) If off the premises of the owner, the animal must be accompanied by the owner and securely muzzled and restrained with a leather or nylon lead or leash having the tensile strength to restrain the animal and not to exceed six feet in length.
(a) The lead or leash must be under the control of a person over the age of 18 years of age and physically able to restrain the animal.
(b) The muzzle shall be made in such a manner that will not cause injury to the animal or interfere with the animal’s vision or respiration, but shall prevent the animal from biting any human being or other animal.
(Ord. 2015-14, passed 12-1-2015) Penalty, see § 93.999