(A) A “dangerous” or “vicious” dog shall include any or all of the following, except police dogs or guard dogs acting under the supervision of a police officer or certified trained dog handler, or seeing-eye dogs:
(1) Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or a domestic animal without provocation; or
(2) Any dog which, without provocation approaches in a threatening or terrorizing manner, any person or domestic animal upon the streets, sidewalks or any public grounds or places; or
(3) Any dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals, or any dog which has a history of attacking or propensity to attack people or domestic animals without provocation.
(B) The City Manager shall designate “dangerous” or “vicious” dogs that meet the definition above and shall notify the owner or possessor of said dog by certified mail of such designate. The owner of the dog shall have the right to appeal said designation by giving notice to the City Clerk within 15 days of the mailing of the notice of dangerous or vicious dog determination and in event of a timely appeal a hearing shall be conducted by the city's hearing officer. However, the dog so designated shall be treated as a dangerous or vicious dog pending said appeal and decision by the hearing officer.
(C) It shall be unlawful for any person to keep or harbor within the city a dog designated by the City Manager or otherwise known to be vicious or dangerous unless it is at all times kept on the owner's or harborer's property securely confined indoors or in a securely enclosed and locked outdoor pen or shelter suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet, must have secure sides and must be at least seven (7) feet high and have a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2) feet. The enclosure must also provide protection from the elements for the dog. A vicious dog shall be transported to or from the indoors and the securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that it will not cause injury to the dog or interfere with its vision or respiration but will prevent the dog from biting any person or animal.
(D) Vicious dogs shall be permitted off the owner's or harborer's property only if such dogs are muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible adult and only for the purposes authorized by KRS 258.235. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent the dog from biting any person or animal.
(E) When any do required by this section to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined.
(F) No person under the age of eighteen (18) years shall be permitted to own, harbor or handle a vicious dog.
(G) It shall be unlawful for any person to keep or harbor within the city a vicious dog unless it is at all times wearing a vicious dog collar issued by the Pike County Animal Shelter. It shall be unlawful for any person to remove such collar from a vicious dog.
(H) Any person violating any of the provisions of this section shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for each offense. In addition to any other penalties provided herein, if a dog inflicts serious injury on a person or domestic animal in an unprovoked attack, the dog may be confiscated and humanely destroyed after a ten (10)-day quarantine period.
(Ord. 0-2011-016, passed 5-23-11)