For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. A dog that, without provocation, and subject to the exclusion set forth below, 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 dog is off the premises of its owner, keeper, or 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. DANGEROUS DOG 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. A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
OWNER. Any person, partnership, or corporation owning, keeping, or harboring one or more animals. Any animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
PUBLIC NUISANCE. Any dog or dogs that, unprovoked, unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE shall mean and include, but is not limited to, any dog that, unprovoked:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Molests or intimidates pedestrians or passersby;
(4) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the dog is kept or harbored; or
(5) Attacks other animals.
VICIOUS DOG.
(1) A dog that, without provocation and subject to the exclusions set forth below, meets any of the following:
(a) It has killed or caused injury to any person;
(b) It has caused injury or has killed another animal; or
(c) Belongs to a breed that is commonly known as a fighting dog, the ownership, keeping, or harboring of such a breed shall be prima facie evidence of the ownership, keeping, or harboring of a VICIOUS DOG.
(2) A VICIOUS DOG does not include either of the following:
(a) 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
(b) A dog that has killed or caused 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.
(Ord. 2010-4, passed 5-24-2010)