(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VICIOUS DOG. Any dog:
(a) That has, without provocation, attacked or bitten a human being or other animal on public or private property;
(b) That by its behavior or physical condition constitutes an immediate and serious physical or health threat to human beings or animals;
(c) Has a history, documented with a public agency, of biting or attacking humans or domestic animals; or
(d) With a known propensity, tendency, or disposition to attack, or cause injury, or otherwise threaten or endanger the safety of humans or other domestic animals.
(B) Exceptions.
(1) This section shall not apply to animals being transported through the city limits of the City of Ligonier, within a 30-minute time period.
(2) No dog shall be declared to be a vicious dog if the injury or damages were sustained by a person who, at the time, was teasing, tormenting, abusing, or assaulting the dog, or if the dog was protecting a human being, or its owner’s or custodian’s property from attack by another animal or by a human being.
(C) Police dogs. This section shall not apply to a dog utilized, or being trained to be utilized, by the Police Department as a police dog.
(D) Prohibition against harboring. No person shall harbor, keep or maintain within the city limits any vicious dog. Any dog whose owner or custodian is issued a citation for violation of this section shall be impounded as directed by the city Police Department until disposition of the charges. Moreover, the owner or custodian of any dog found to be vicious in the trial of the charge of harboring a vicious dog, or by plea to such a charge, shall be prohibited from returning that dog to the City of Ligonier, or keeping the dog within the city.
(E) Reimbursement of expenses by owner or custodian. In the event that the dog alleged to be vicious is impounded, and the dog is found to be vicious in the trial of a charge of harboring a vicious dog, or by plea to such a charge, then the owner or custodian thereof shall reimburse the city any costs or expenses of impoundment and transportation of the animal incurred by or assessed against the city.
(Ord. 802-2011, passed 12-12-2011) Penalty, see § 94.99