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(A) No person owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.
(B) No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed or otherwise securely restrained.
(1) A vicious dog is “unconfined” as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of the person described in division (A) of this section. Such pen or dog run area must also have either sides six feet high or a secure top.
(2) A “vicious dog” as the term is used in this section means:
(a) Any dog which without provocation has caused injury to a person;
(b) Any dog that has been trained for dog fighting or is kept primarily or in part for the purpose of dog fighting;
(c) Any dog that has been used in the commission of a crime; or
(d) Divisions (C)(2)(a) through (C)(2)(c) of this section are necessary controls for the unrestrained activity of vicious animals which threaten the safety and pleasantness of streets, parks, sidewalks, yards and all areas of the city; and lack of knowledge or lack of intent is not a defense to a violation thereof.
(e) “Vicious dog” does not include either of the following:
1. A police dog that has killed or caused 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.
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 or the property of the owner, keeper, or harborer of the dog.
(3) “Without provocation” means that the 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.
(Ord. 8189, passed 5-22-01; Am. Ord. 2012-054, passed 5-22-12) Penalty, see § 505.99