For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. Dogs found off premises of the owner or keeper. A dangerous dog or a problematic dog shall not be deemed AT LARGE if the dog is:
(1) Muzzled, attached to a leash of sufficient strength and six feet in length to control the dog where such leash is held by its owners or keeper at all time;
(2) Contained within an enclosed motor vehicle or crate; or
(3) Housed in a licensed veterinarians clinic or kennel.
DANGEROUS DOG. Any dog that has been declared or found to pose a risk to public safety by the
animal control authority, law enforcement agency or court for conduct consistent with the following:
(1) Has on any single occasion caused injury to a person that is less severe than a fatal or disabling injury;
(2) Has killed a domestic animal or pet or has inflicted injury upon a domestic animal or pet such that the domestic animal or pet later dies or is euthanized due to the attack;
(3) Has previously been designated as a “problematic dog” by this or any other jurisdiction, and engages in behavior that poses a threat to public safety as described herein on two or more occasions;
(4) Has previously been designated a "dangerous" dog by this jurisdiction or its substantial equivalent by any other jurisdiction; and
(5) Has engaged in or has been trained to engage in exhibitions of fighting.
DISABLING INJURY. Any injury which does any of the following: (1) creates a substantial risk of death; (2) causes serious permanent disfigurement; or (3) causes protracted loss or impairment of the function of any bodily member or organ.
FATAL INJURY. Any injury that results in the death of a person or animal.
MINOR INJURY. Any superficial injury that does not rise to the level of bodily injury, which may include, but is not limited to, abrasions, scratches, lacerations, and punctures that may cause minor bleeding or bruising, but doesn’t require sutures, staples or stitches.
OWNER. A person who has a right of property or custody of a dog. For purposes of this definition, a right of property or custody of a dog exists if a person knowingly permits a dog to remain on or continuously return to any premises occupied by that person for two weeks or more at a time.
PROBLEMATIC DOG. A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:
(1) Causing an injury to a person or domestic animal that is less severe than a serious injury;
(2) Without provocation, chases vehicles or threatens, attacks, aggressively barks, growls, or interferes with persons or other domestic animals while the latter are on public or private property, irrespective of whether the dog is on private or public property;
(3) Founded incidents of running at large, as defined herein, or impounded by the animal control authority, or owners having been cited by the Police Department three times for running at large within any 12-month period;
(4) Acts in a highly aggressive manner within a fenced yard/enclosure and/or is tethered and appears to the animal enforcement or other law enforcement officer to be able to jump over or escape; and/or
(5) Has a known propensity, tendency or disposition to attack persons or domestic animals, unprovoked, causing injury or less than serious injury, or to otherwise threaten the safety of humans or domestic animals.
PROPER ENCLOSURE. An enclosure that is sufficiently constructed and maintained to effectively prevent a dog subject to this subchapter from escaping. Such enclosure requires the following minimum requirements:
(1) Problematic and dangerous dogs to be securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, except when leashed as provided in this subchapter. Such pen, kennel or structure must have secure sides and a secure top attached to the sides or, in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure;
(2) All pens or other structures designed, constructed or used to confine problematic and dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than one foot so as to prevent digging under the walls by the confined problematic or dangerous dog;
(3) In addition to a securely enclosed and locked pen or kennel, a problematic dog may be securely confined by a substantial wood, vinyl or composite privacy fence of no less than six feet tall with a secure bottom that would prevent digging. Such fence should be constructed in a manner that would prevent the animal from escape and access to persons or other animals.
(4) Compliance with all pertinent zoning ordinances and other ordinances; and
(5) No problematic or dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.
QUARANTINE. The strict isolation imposed to prevent the spread of disease.
RABIES. An acute viral disease of the central nervous system that is transmitted through the saliva from a bite or abrasion from an infected animal.
RESPONSIBLE PERSON. A person at least 18 years old who is able to keep the dog under control at all times.
REVIEW COMMITTEE. A three-member board appointed by the City Council consisting of a member of the public, an animal professional and a city employee for the purpose of making a determination of whether a dog is a problematic, dangerous or vicious dog.
SERIOUS INJURY. Any injury that does not rise to the level of fatal or disabling injury and is more severe than a minor injury. Serious injury includes, but is not limited to, minor broken or fractured bones, abrasions, lacerations or punctures causing exposure to deeper tissue/muscle and moderate to heavy bleeding requiring sutures, staples or stitches.
VICIOUS DOG. Any dog that has been declared or found to pose an unacceptable risk to public safety by the animal control authority, law enforcement agency or court for conduct consistent with the following:
(1) Has on any single occasion caused the death or disabling injury to a person;
(2) On more than one occasion has killed a domestic animal or pet or inflicted injury upon a domestic animal or pet such that the domestic animal or pet later dies or is euthanized due to the attack;
(3) Has previously been designated as a “problematic dog” by this or any other jurisdiction, and engages in behavior that poses a threat to public safety as described herein on two or more occasions;
(4) Has previously been designated as “vicious dog” by this jurisdiction or its substantial equivalent by any other jurisdiction; and
(5) Has engaged in or has been trained to engage in exhibitions of fighting.
(Ord. 2239, passed 11-4-2014; Ord. 2280, passed 1-4-2017; Ord. 2360, passed 5-20-2019; Ord. 2426, passed 3-20-2023)