For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“ANIMAL.” Any live vertebrate creature.
"AT LARGE." Off the premises of the owner and not under control of a human being either by leash, cord, chain, or otherwise.
"ENFORCEMENT AGENT." Any person designated by the city to enforce the provisions of this chapter.
"KEEP." Possessing, controlling, exercising, or allowing to run at large.
“LARGE WILD ANIMAL.” Any normally undomesticated animal in excess of 50 pounds, not ordinarily tame and which is, by nature, an animal that lives apart from human beings.
"OWNER." Any person owning, keeping or harboring a dog or other animal.
"POUND." Any establishment authorized by the enforcement agent for confinement, maintenance, safekeeping, and control of dogs that come into custody of the enforcement agent in the performance of his official duties.
"VACCINATION." An anti-rabies vaccination using a type of vaccine approved by the state veterinarian.
“VETERINARIAN.” One licensed and qualified to treat diseases and injuries of animals.
“VICIOUS ANIMAL.”
(A) The term includes:
(1) Any animal which constitutes a physical threat to human beings or domestic animals due to a known propensity to endanger life by an unprovoked assault or bite which result in serious bodily harm;
(2) Any animal which when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places, or private property;
(3) Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals; or
(4) Any animal which bites multiple times or to the extent of causing severe injury, and assaults or otherwise attacks human beings or domestic animals; or
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals.
(B) (1) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(2) Any animal which has bitten human beings twice is prima facie deemed vicious.
(C) Exceptions. An animal shall not be deemed vicious solely because:
(1) It bites, attacks or menaces:
(a) Any person assaulting its owner;
(b) Any person or animal who has tormented or abused it; or
(2) It is otherwise acting in defense of any attack from a person or other animal upon itself, its owner or another person.
(3) Any police canine unit in the performance of their duties.
"WILD." See "Vicious".
(Ord. 491-94, passed 5-4-94; Am. Ord. 581-99, passed 4-14-99)