(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Dangerous dog.”
A. A dog that, without provocation, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another domestic animal;
3. Been adjudicated to be a dangerous dog by any court of competent jurisdiction.
B. “Dangerous dog” does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) “Menacing fashion.” A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) “Nuisance dog.”
A. “Nuisance dog” means a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
B. “Nuisance dog” does not include a police dog that, while being used to assist one or more law enforcement officers in the performance of official duties, has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
(4) “Physical injury.” Means any of the following:
A. Any injury, illness or other physiological impairment, regardless of its gravity or duration;
B. Any tangible or intangible damage to property that, in any degree, results in loss to its value or interfere with its use or enjoyment.
(5) “Police dog.” A dog that has been trained and may be used to assist one or more law enforcement officers in the performance of their official duties.
(6) “Serious injury.” Any of the following:
A. Any physical harm that carries a substantial risk of death;
B. Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
C. Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
D. Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(7) “Vicious dog.”
A. A dog that, without provocation, has killed or caused serious injury to any person.
B. “Vicious dog” does not include either of the following:
1. A police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
2. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
(8) “Without provocation.” A dog acts “without provocation” when it was not teased, tormented, or abused by a person, or it was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(b) No owner, keeper, or harborer of any dog or animal, other than domestic cat, shall fail at any time to do either of the following:
(1) Keep the animal physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape.
(2) Keep the animal under reasonable control of some person.
(c) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
(d) Whoever violates this section that involves an animal that is not a dangerous animal or vicious animal is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(e) Whoever violates this section that involves a nuisance animal is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense involving the same animal. Upon a person being convicted of or pleading guilty to a third violation of this section, involving the same animal, the court shall require the offender to register the involved animal as a dangerous animal. The Court may order that the dog be removed from a residence that is within 300 yards of a school.
(f) Whoever commits a violation of this section that involves a dangerous dog is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense.
(g) Whoever commits a violation of this section that involves a vicious dog is guilty of one of the following:
(1) A felony of the fourth degree, if the dog kills a person, and shall be prosecuted under appropriate State law.
(2) A misdemeanor of the first degree if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be either removed from the residence and placed into the control of the County Animal Protective League with their agreement, or humanely euthanized by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(3) A misdemeanor of the second degree if the dog causes physical injury to a person. Additionally, the court may order the vicious dog to be either removed from the residence and placed into the control of the County Animal Protective League with their agreement or humanely euthanized by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(4) A misdemeanor of the third degree in all other instances on a first offense and of a misdemeanor of the second degree on each subsequent offense. Additionally, the court may order the vicious dog to be either removed from the residence and placed into the control of the County Animal Protective League with their agreement, or humanely euthanized by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(h) Any police officer or Animal Warden is authorized to enter private property to capture any animal running at large.