As used in this section:
(a) "Designee" means that entity or agency appointed by the Village of Franklin to enforce and administer the provisions of this chapter; "designee" may include a "Dog Control Officer" or "Animal Control Officer."
(b) "Dog" means any dog, whether male, female or unsexed.
(c) "Dog Control Officer" and "Animal Control Officer" mean the person or entity serving the Village of Franklin, or the person or entity designated by the Village of Franklin, for the purpose of enforcement and administration of this chapter.
(d) "Owner," when applied to the proprietorship of a dog, means every person having a right or property in a dog, every person who keeps or harbors a dog or has it in his or her care, and every person who permits a dog to remain in or about any premises occupied or owned by such person.
(e) "Provoke" means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate a bite or attack by an ordinary dog.
(f) "Reasonable control" means when a dog is held securely by a leash of suitable strength and length for the size of the dog, by the owner, possessor or harborer thereof or any other responsible person of suitable age and strength, or when the dog is in an enclosed vehicle, in a container or on the owner's occupied property.
(g) "Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.
(h) "Torment" means an act or omission that causes unjustifiable pain, suffering and distress to a dog, or causes mental and emotional anguish in the dog as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.
(i) "Vicious dog" means a dog that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a vicious dog does not include any of the following:
(1) A dog that bites or attacks a person who is knowingly trespassing on the property of the dog's owner.
(2) A dog that bites or attacks a person who provokes or torments the dog.
(3) A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(Ord. 169. Passed 10-26-89.)