(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 paragraph (a)(1)C. and D. 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 with a fence of appropriate height within the yard so as to not allow said dog to escape by means of jumping the fence, or other locked enclosure which has a top.
B. "Dangerous dog" means and 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, or any dog trained for dog fighting, or any dog trained to attack people or other animals.
C. 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.
D. "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) "Police dog" means 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.
(4) "Vicious dog" is defined as follows:
A. "Vicious dog" means a dog that, without provocation and subject to paragraph (a)(4)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.
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 inside the residential building of the owner, keeper or harborer of the dog.
(5) "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, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper, harborer or a handler:
(1) While that dog is off 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 with a fence of appropriate height within the yard so as to not allow said dog to escape by means of jumping the fence 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 fence 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 a stationary object or fixture so that the dog is adequately restrained and station such a person in a 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 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) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered destroyed when, in a court's judgment, such dangerous or vicious dog represents a continuing threat of serious harm to human beings or domestic animals.
(e) 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 dog for the protection of the public and such other expenses as may be required for the destruction of such dog. Such payment shall be in addition to the penalty provided in Section 606.99.
(Ord. 731. Passed 10-21-02.)