(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL.
(1) An animal that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that animal is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top.
(2) DANGEROUS ANIMAL means and includes:
(a) Any animal which in a vicious or terrorizing manner, approaches any person in apparent attitude of attack while upon the streets, sidewalks, or any public grounds or places;
(b) Any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(c) Any animal which attacks a human being or domestic animal without provocation; or
(d) Any animal owned or harbored primarily or in part for the purpose of animal fighting, or any animal trained for animal fighting, or any animal trained to attack people or other animals.
(e) No animal shall be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it.
(3) DANGEROUS ANIMAL does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger, any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
MENACING FASHION or TERRORIZING MANNER. The terms mean that an animal would cause any person being chased or approached to reasonably believe that the animal will cause physical injury to that person.
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.
VICIOUS ANIMAL. An animal that, without provocation, has killed or caused serious injury to any person or animal. VICIOUS ANIMAL does not include either of the following:
(1) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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; or
(2) An animal 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 animal.
WITHOUT PROVOCATION. An animal was not teased, tormented or abused by a person, or the animal 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 animal as a means of carrying out such activity.
(B) No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging such animal to commit unprovoked attacks upon human beings or domestic animals.
(C) No person shall possess with intent to sell or offer for sale, breed, buy or attempt to buy, within the city, any dangerous or vicious dog.
(D) If a law enforcement agent has probable cause to believe that a dangerous or vicious animal is being harbored or cared for in violation of any of the provisions of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous or vicious animal.
(E) Any dangerous or vicious animal which attacks a human being or another domestic animal may be ordered destroyed when, in the court's judgment, such dangerous or vicious animal represents a continuing threat of serious harm to human beings or domestic animals.
(F) Any person found guilty of violating any of the provisions of this section shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction of such animal.
(Ord. 190, passed 12-21-92) Penalty, see § 10.99