618.24   DANGEROUS AND VICIOUS DOGS.
   (a)   As used in this section:
      (1)   A.   "Dangerous dog" means a dog that, without provocation, and subject to division (a)(1)B. of this section, 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 or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fence yard other locked enclosure which has a top.
         B.   "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.
      (2)   "Menacing fashion" means a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
      (3)   "Police dog" means 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.
      (4)   A.   "Vicious dog" means a dog that, without provocation and subject to division (a)(4)B. of this section, meets any of the following:
            1.   Has killed or caused serious injury to any persons;
            2.   Has caused injury, other than killing or serious injury to any person, or has killed another 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;
            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.
      (5)   "Without provocation" means that 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 criminal activity and who was not using the dog as a means of carrying out such activity.
   (b)   Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, or handler of the dog, 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 building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or a tether so that the dog is adequately restrained;
      (2)   While that dog is off the premises of the owner, keeper or harborer, keep that dog in an enclosed vehicle controlled by a person of suitable age and discretion or 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 that has a top, locked fence yard or other locked enclosure that 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 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 lo any person;
         C.   Muzzle the dog.
   (c)   No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $100,000 because of damage or bodily injury to or death of a person caused by the vicious dog.
   (d)   If a violation of division (b) of this section involves a dangerous dog, whoever violates that division is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may, in the alternative, order the dangerous dog to be humanely destroyed by a licensed veterinarian, the animal control officer or the humane society.
   (e)   If a violation of division (b) of this section involves a vicious dog, whoever violates that division is guilty of one of the following:
      (1)   A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden, or the humane agency.
      (2)   A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
   (f)   Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree.
(Ord. 2019-3.  Passed 2-11-19.)