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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. Any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog.
UNCONFINED. A vicious dog is UNCONFINED if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the dog owner. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. All such pens or structures must be adequately ventilated and kept in a clean and sanitary condition.
VICIOUS DOG.
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which because of its size, physical nature and vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this subchapter;
(3) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
(4) Excluded from this definition are dogs owned by the Hopkinsville Police Department, which shall be kept under the control of a police officer at all times.
(Ord. 9-97, passed 8-5-1997)
The owner of a vicious dog shall not suffer or permit the dog to go unconfined except as provided in § 90.26 below.
(Ord. 9-97, passed 8-5-1997)
The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain, cord or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(Ord. 9-97, passed 8-5-1997)
(A) The provisions of this chapter may be enforced by the Code of Ordinance Enforcement Board established in §§ 33.180 et seq., or in the alternative, the Christian County District Court as a misdemeanor and/or violation. The decision on where the ordinance will be enforced shall be at the city's discretion.
(B) Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine. A first offense under this chapter shall result in a fine of not greater than $100. A second offense shall result in a fine of not greater than $200. All other offenses shall result in a fine of not greater than $300. Each day's continued violation shall constitute a separate offense.
(Ord. 8-78, passed 6-6-1978; Ord. 9-97, passed 8-5-1997; Ord. 28-2002, passed 12-17-2002)