For the purpose of this chapter, the following definitions shall apply, unless the context shall indicate another or different meaning or intent:
(a) "Animal Warden" means the Chief Dog Warden or his or her duly authorized representative(s).
(b) "Dangerous dog" means a dog, other than a police dog, that, without provocation:
(1) Has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or;
(2) Any dog which, on three separate occasions within a twelve-month period, has been impounded by the Animal Warden for being unrestrained or uncontrolled off its owner's, keeper's or harborer's premises.
(c) "Impounded" means taken into the custody of the public pound in the City.
(d) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(e) "Owner" or "harborer" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
(f) "Police dog" means a dog that has been trained, certified and/or approved by the State and may be used to assist one or more law enforcement officers in the performance of their official duties.
(g) "Serious injury" to a person or domestic animal means any of the following:
(1) Physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery to a person;
(2) Any physical harm that carries a substantial risk of death;
(3) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary substantial incapacity;
(4) Any physical harm that involves a permanent disfigurement or a temporary serious disfigurement;
(5) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(h) "Vicious dog" means a dog other than a police dog, that, without provocation, meets any of the following:
(1) Has killed or caused serious injury to any person;
(2) Has caused injury, other than killing or serious injury, to any person, or has killed or caused serious injury to any domestic animal;
(3) Is owned, kept or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(4) "Vicious dog" does not include either of the following:
A. 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 duties;
B. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or criminal offense on the property of the owner, keeper, or harborer of the dog.
(i) "Without provocation" means that a 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. 2012-81. Passed 9-19-12.)