DANGEROUS DOG, as used in this chapter, shall mean:
(1) Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property;
(Ord. 7796)
(3) Any dog which attacks or bites, or has attacked or bitten a human being or domestic animal; or
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. Notwithstanding the definition of a dangerous dog above, no dog may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared dangerous if the injury or damage was sustained by a chicken or duck that was not in a fenced or enclosed area on its owner's premises. Nothing in this subchapter shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.
ENCLOSURE means a fence or structure of at least six feet in height (this is further limited by the fence height requirements in the Galena Zoning Ordinance), forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. An enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. An enclosure shall have a secure top suitable to confine a dangerous dog. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.
OWNER means an individual who has lawful title to a dog, including the keeper or harborer of the dog. A parent or legal guardian shall be deemed to be an owner of dogs owned or maintained by children upon their premises.
(Ord. O-10-20, passed 6-14-10)