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(a) Any person who owns or possesses an aggressive dog or a dangerous dog shall comply with, in addition to all of the other requirements found in this Chapter, the requirements as stated in this section with respect to that ownership and possession. At all times when such dog is outside of any enclosed structure, fenced yard or fenced dog run, the animal shall:
(1) Be under the control of a person over the age of eighteen years; and
(2) Be held securely by a leash of adequate strength to restrain the dog.
(b) Pens or structures utilized for harboring or keeping such dog outside of habitable structure shall 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.
(c) No dog shall be found to be an aggressive dog or a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of dog prohibited. No dog shall be found to be an aggressive or dangerous dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the dog's owner or custodian, (ii) committing, at the time, a willful trespass upon the premises occupied by the dog's owner or custodian, or (iii) provoking, tormenting, or physically abusing the dog, or can be shown to have repeatedly provided, tormented, abused, or assaulted the dog at other times. No police dog that was engaged in the performance of its duties at the time of the acts complained of shall be found to be an aggressive or dangerous dog. No dog that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be an aggressive or dangerous dog.
(d) If the owner of a dog found to be an aggressive or dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with the requirements of this Chapter.
(Ord. 491. Passed 2-7-12.)