(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. A dog that, without provocation, and subject hereto, 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 not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top. DANGEROUS DOG does not include a police dog that 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 the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
MENACING FASHION. A dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
POLICE DOG. A dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
VICIOUS DOG.
(a) A dog that, without provocation and subject hereto, 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 another dog; and/or
3. Belongs to a breed that is commonly known as a pit bull dog, the ownership, keeping or harboring of such a breed of dog shall be prima facie evidence of the ownership keeping or harboring of a vicious dog.
(b) VICIOUS DOG does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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 official duties; and/or
2. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
WITHOUT PROVOCATION. 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.
(b) No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat, unless the dog is properly on a leash.
(c) No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape or under reasonable control of some person.
(d) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top; except that, a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained; and/or
(2) While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
(a) Keep that dog in a locked pen which has a top, locked fenced yard and/or other locked enclosure which has a top;
(b) Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; and/or
(c) Muzzle that dog.
(e) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $50,000 because of damage or bodily injury to or death of a person caused by the vicious dog.
(f) (1) Whoever violates subsections (b) or (c) above shall be fined $100.
(2) In addition to the penalties prescribed in subsection (f)(1) above, if the offender is guilty of a violation of subsections (b) or (c) above, the court may order the offender to personally supervise the dog that he or she owns, keeps or harbors, to cause that dog to complete the dog obedience training, or to do both.
(g) If a violation of subsection (d) above involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor on a first offense. Additionally, the court may order the offender to personally supervise the dangerous dog that he or she owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection (e) above. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(h) Whoever violates subsections (d) or (e) above shall be fined not more than $500 or imprisoned for not more than 30 days or both.
(Ord. passed 8-21-1987)