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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. Any individual dog which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks or any public grounds or places.
ENCLOSURE. A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. Such ENCLOSURE shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
FOUND TO BE VICIOUS DOG.
(1) The Administrator, an animal control warden or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in division (1)(a) of the definition for vicious dog below and, based on that finding, the Administrator, an animal control warden or the Director has declared in writing that the dog is a vicious dog; or
(2) The circuit court has found the dog to be a vicious dog as defined in division (1)(a) of the definition for vicious dog below and has entered an order based on that finding.
IMPOUNDED. Taken into the custody of the public pound in the village or town where the vicious dog is found.
(1) (a) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property;
(b) Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(c) Any individual dog that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment;
(d) Any individual dog which attacks a human being or domestic animal without provocation; and
(e) Any individual dog which has been found to be a “dangerous dog” upon three separate occasions.
(2) No dog shall be deemed VICIOUS if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. VICIOUS dogs shall not be classified in a manner that is specific as to breed.
(3) If a dog is found to be a VICIOUS dog, the dog shall be subject to enclosure.
(1999 Code, § 3-3-1)