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(a) Definitions. As used in this section, unless the context otherwise indicates:
(1) “Owner” includes any person owning, keeping, harboring or controlling an animal within the Village, including persons temporarily in possession of an animal at the owner’s request.
(2) “Dangerous animal” means an animal that, without provocation, 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 animal is off the premises of its owner, and not under the reasonable control of its owner or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fence yard, or other locked enclosure which has a top.
(3) “Menacing fashion” means that an animal would cause any person being chased or approached to reasonably believe that the animal will cause physical injury to that person.
(4) “Vicious animal” means an animal that, without provocation, meets any of the following:
A. Any animal which has attacked a human being, a dog or other domestic animal and inflicted physical injury or death on any person, dog or other domestic animal;
B. Any animal owned or harbored primarily or in part for the purpose of fighting, or any dog trained for dog fighting;
C. An animal that has killed or caused injury to any person while the person was committing or attempting to commit a trespass or other criminal offense on the property shall not be deemed to be a “vicious animal”.
(5) “Without provocation” means that an animal was not teased, tormented or abused by a person, or that the animal was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity or who was not using the animal as a means of carrying out such activity.
(b) No owner of a dangerous or vicious animal shall fail to do either of the following:
(1) While that animal is on the premises of the owner, securely confined and at all times in a locked pen which has a top, locked fence yard, or other locked enclosure which has a top, except that a dangerous animal may, in the alternative, be tied with a chain leash so that the animal is adequately restrained;
(2) While that animal is off the premises of the owner, keep it on a chain leash that is not more than six feet of length and has a minimum tensile strength of 300 pounds, and additionally do at least one of the following:
A. Keep that animal in a locked pen which as a top, locked fence yard or other locked enclosure which has a top;
B. Have a chain leash controlled by a person who is of suitable age and discretion or securely attach, tie or affix the chain leash to the ground or a stationary object or fixture so that the animal is adequately restrained and station such a person in close enough proximity to that animal so as to prevent it from causing injury to any person;
C. Muzzle that animal.
(c) No person shall own or harbor any animal for the purpose of causing or encouraging such animal to unprovoked attacks upon human beings, and no person shall possess with intent to sell, or offer for sale, or breed or buy or attempt to buy within the Village, any such animal.
(d) In the event that a law enforcement agent of the Village has probable cause to believe that a dangerous or vicious animal is being harbored or cared for in violation of this section, the Village may petition a court of competent jurisdiction to order the seizure and impounding of the vicious or dangerous animal, and in the event a law enforcement agent has probable cause to believe that a vicious or dangerous animal is running at large, then the agent may seize and impound the animal without seeking prior court order.
(e) Whoever violates the provisions of this section shall be fined not more than one thousand dollars ($1,000) or imprisoned no more than sixty days or both. When any person is found guilty of a second offense of this section, such person shall be imprisoned sixty days and shall be fined one thousand dollars ($1,000), which imprisonment and fine shall be mandatory, and shall not be suspended or remitted. In addition to the foregoing penalties, any person who is found guilty of violating this section shall pay all expenses, including shelter, food, veterinarian expenses for identification or certification or boarding and veterinarian expenses associated by the seizure of the dangerous or vicious animal for the protection of the public or any other expenses as may be required for the destruction of any such animal. Any vicious or dangerous animal which has bitten or attacked a human being shall be destroyed when such vicious or dangerous animal represents a continuing threat of serious harm to human beings. It shall also be an offense subject to the penalties described above for any person to own or harbor or train any animal for purposes of animal fighting or encouraging the animal to unprovoked attacks upon human beings.
(Ord. 2588-91. Passed 10-16-91.)