For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATTACK. Aggressive physical contact initiated by the dog.
DANGEROUS DOG. Any dog which without justification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals. A dog’s breed shall not be considered in determining whether or not it is DANGEROUS. Further, no dog may be declared DANGEROUS:
(1) If the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;
(2) If at the time the person was committing a crime or offense upon the property of the owner or custodian of the dog;
(3) If the person was teasing, tormenting, abusing or assaulting the dog, or in the past had teased, tormented, abused or assaulted the dog;
(4) If the dog was attacked or menaced by the domestic animal or the domestic animal was on the property of the owner or custodian of the dog;
(5) If the dog was responding to pain or injury, or protecting itself, its kennels or its offspring;
(6) If the person or domestic animal was disturbing the dog’s natural functions such as sleeping or eating; and
(7) Neither growling nor barking, nor both, shall alone constitute grounds upon which to find a dog to be DANGEROUS.
DOMESTIC ANIMAL. Any animal commonly kept as a pet in family households in the United States, including, but not limited to, dogs, cats, guinea pigs, rabbits and hamsters and any animals commonly kept for companion or commercial purposes.
SERIOUS INJURY. Any physical injury consisting of moderate puncture (four or more), shaking, severe punctures (four or more deep), may include crushing or tears from shaking.
(Ord. 10, 2006, passed 10-3-2006)