(A) It shall be unlawful for any person or entity to keep or harbor within the city a dangerous or vicious dog unless it is at all times kept securely chained or otherwise enclosed in such a manner that it cannot escape from the owner’s premises or control.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS OR VICIOUS DOG.
(a) Any dog which when unprovoked commits a serious attack on any person or inflicts death or serious injury to any person;
(b) Any dog with a propensity, tendency, or disposition to attack, to cause injury to or otherwise endanger the safety of human beings or domestic animals;
(c) Any dog which attacks, maims, or kills domestic pets or livestock without provocation when not under proper restraint;
(d) Any dog which is used in the commission of a crime under the Kentucky Penal Code including but not limited to dog fighting or guarding the conduct of any illegal activity; or
(e) Any dog owned or harbored for the purpose of fighting or harming other animals.
(C) A dog shall not be considered dangerous or vicious solely because:
(1) It bites, attacks, or menaces anyone assaulting its owner or keeper, or any person or other animal who has tormented or abused it;
(2) It is otherwise acting in the defense of any attack from a person or other animal upon its owner or any other person; or
(3) When a person has broken into or entered without permission to enclosure of the dog.
(D) It shall be unlawful for any person to keep or harbor within the city a dog known to be dangerous or vicious unless it is at all times kept on the owner’s or harborer’s property securely confined indoors or in a securely enclosed and locked outdoor pen or shelter suitable to prevent entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet, must have secure sides, must be at least five (5) feet high, and have a secure roof which prevents escape. If the structure has no concrete, cement, or asphalt floor, the sides must be imbedded into the ground not less than two (2) feet. The fence or structure must be in good repair and must be constructed in such a manner that prevents the animal from digging out. Gates or doors must fit properly and must be locked or secured by a latch that prevents the animal from opening the gate or door.
(E) Dangerous or vicious dogs shall be permitted off the owner’s or harborer’s property only if such dogs are muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent the dog from biting any person or animal.
(F) When any dog is required by this section to be confined, it shall also be required that a conspicuous notice be posed at the place of confinement to warn the public of the nature of the dog therein confined.
(G) No person under the age of eighteen (18) years shall be permitted to own, harbor, or handle a dangerous or vicious dog.
(Ord. 07-17, passed 7-16-07; Am. Ord. 07-19, passed 8-20-07)