(A) Prohibition. No dog shall commit an attack or severe attack, as previously defined. In the event that a peace officer or Animal Control Officer witnesses either type of attack or witnesses the wounds or injuries caused by the attack, and the offending animal(s) can be identified by credible evidence, including, but not limited to, witness identification, forensic evidence, or other physical evidence, the dog(s) may be impounded and the owner cited for violation of this section. If the owner is cited and the animal(s) impounded, the animal(s) shall remain impounded subject to the conditions set forth in §§ 91.070 or 91.151, pending a decision by the Jefferson District Court or the Director, in accordance with their respective authority, unless ownership is voluntarily relinquished and the dog(s) turned over to MAS. Upon a plea or finding of guilt, the dog(s) may be redeemed by the owner after inspection and verification of a proper enclosure as defined under this chapter, unless ordered euthanized by the court. There the dog(s) shall remain, securely confined, and may not be removed except to be treated by a veterinarian or to be turned in to or inspected by MAS. While being transported to the veterinarian or animal control shelter, it must be muzzled and restrained by a leash no longer than four feet in length. No owner of a dangerous dog(s) or potentially dangerous dog(s) may transfer ownership or the location where the animal(s) is contained. The owner shall be responsible for all veterinary, euthanasia, redemption, and/or boarding fees.
(B) Exemptions. An animal shall not be deemed to be a potentially dangerous dog or dangerous dog solely because it bites or attacks:
(1) Anyone assaulting its owner. This shall not include any police officer attempting to subdue or effect the arrest of a suspect.
(2) Any person who is in the act of tormenting or abusing it.
(3) Any unrestrained animal which attacks it or its young while it is restrained in compliance with this chapter.
(4) Anyone entering the owner’s property to commit robbery, burglary, assault, or other crime. Simple trespass by a person onto private property shall not be considered provocation for any attack.
(5) While performing work by a governmental law enforcement agency.
(6) While seriously injured or incapacitated.
(1994 Jeff. Code, § 91.118) (Jeff. Ord. 46-1996, adopted and effective 12-10-1996; Jeff. Am. Ord. 24-2000, passed 10-10-2000; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
Penalty, see § 91.999