(a) As used in this section:
(1) "Dangerous dog" is defined as follows:
A. "Dangerous dog" means a dog that, without provocation, and subject to paragraphs (a)(1)B. and C. hereof, 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 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. "Dangerous dog" includes:
1. Any dog 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;
2. Any dog which attacks a human being or domestic animal without provocation; or
3. Any dog owned or harbored primarily or in part for the purpose of dog fighting, any dog trained for dog fighting or any dog trained to attack people or other animals.
B. No dog 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.
C. "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.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Vicious dog" is defined as follows:
A. "Vicious dog" means a dog that, without provocation, and subject to paragraph (a)(3)B. hereof, meets any of the following requirements:
1. Has killed or caused serious injury to any person;
2. Has caused injury, other than killing or serious injury, to any person, or has killed another dog; or
3. Is bred and trained to attack, kill or cause serious injury to persons or other animals.
B. "Vicious dog" 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. 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.
(4) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog 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 a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top;
B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or to a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; and/or
C. Muzzle that dog.
(c) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than fifty thousand dollars ($50,000) because of damage or bodily injury to or death of a person caused by the vicious dog.
(d) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domestic animals.
(e) 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.
(f) In addition to the penalty provided in Section 610.99, if a law enforcement agent has probable cause to believe that a dangerous or vicious dog 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 dog pending trail.
(g) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered destroyed when, in the court's judgment, such dangerous or vicious dog represents a continuing threat of serious harm to human beings or domestic animals.
(h) In addition to the penalty provided in Section 610.99, whoever violates any of the provisions of this section shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of such dog.
(Ord. 170. Passed 11-27-90.)