For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. Any person, firm, agency, or company hired or appointed by the city to assist and/or enforce this subchapter or any police officer charged with enforcing this subchapter.
ANIMAL SHELTER. Any premises designated by the City Council for impounding and caring for all dogs found running at large.
AT LARGE. A dog shall be termed to be at large when it is not under “restraint” as defined in this section.
ATTACK. Any unprovoked, threatening, aggressive behavior of a dog which puts a reasonable person in fear of immediate bodily harm.
BITING DOG. Any dog which has bitten, scratched, or caused any other injury to a human being in a location where, at the time of the attack, the victim was lawfully conducting himself or herself, including premises owned or controlled by the owner of the animal if the location is commonly open to the public, such as a driveway or boulevard, or the victim was on the premises at the express or implied invitation of the owner of the animal.
DANGEROUS DOG. Any dog that has:
(1) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(2) Killed a domestic animal without provocation while off the owner’s property; or
(3) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
GREAT BODILY HARM. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
OWNER. Any person, group of persons or corporation, firm, or partnership owning, possessing, keeping, having an interest in, or harboring a dog or dogs. The HARBORER of a dog shall mean any person who has the care, custody, or control of any dog or permits the same to be kept on or about his or her premises.
POTENTIALLY DANGEROUS DOG. Any dog that:
(1) When unprovoked, inflicts bites on a human or domestic animal on public or private property;
(2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or
(3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A PROPER ENCLOSURE does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting.
PROVOCATION. An act that an adult could reasonably expect may cause a dog to attack or bite.
RESTRAINT. A dog is under restraint within the meaning of this section if it is controlled by a leash; if it is wearing a remote shock collar controlled by the owner, if it is under the voice or signal command of a responsible person whom the dog will immediately obey; if it is within a vehicle being driven or parked on the public streets; and if it is within the limits of its owner’s premises.
STRAY. Any unidentified dog, the owner of which is unknown and which is at large within the city.
SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss of impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
(Ord. 185, passed 6-20-2017)