705.01 DEFINITIONS.

   As used in this Chapter, certain terms are defined as follows:

   (a)   "Animal Warden" means the Director of Public Works and his or her designee, who may be a City employee or a contractor hired to act as Animal Warden on behalf of the City, and those employees of the City or its contractor designated by the Director as Animal Wardens.

   (b)   "Dangerous dog" means a dog which, without provocation, 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, or which presents a risk to the safety of any person, or which has caused serious physical injury to another domestic animal.

      (1)   A "dangerous dog" shall not include the following:

         A.   A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.

         B.   A dog which has caused injury to any person while such 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.

      (2)   It shall be prima-facie evidence that a dog is dangerous if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered dangerous, based on the following:

         A.   One or more verified incidents reported to the City that the dog, without provocation, 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, or has caused serious physical injury to any domestic animal; or

         B.   Because of improper training, neglect, prior history, physical or other characteristics including height, weight and breed, or other good and sufficient cause, the dog presents a risk to the safety of any person.

      (3)   A determination by the Animal Warden that a dog is dangerous may be appealed as set forth in Section 705.17 of this Chapter.

   (c)   "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

   (d)   "Owner, keeper or harborer" means a person who owns, provides shelter or cares for an animal, or otherwise has control of or is responsible for such animal.

   (e)   "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.

   (f)   "Vicious dog" means a dog that, without provocation, has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person, or has killed another domestic animal.

      (1)   A "vicious dog" shall not include the following:

         A.   A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.

         B.   A dog that has caused injury to any person while such 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.

      (2)   It shall be prima-facie evidence that a dog is vicious, if

         A.   its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered vicious, based upon the following:

            1.   One or more verified incidents reported to the City that the dog has, without provocation, attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or

            2.   One or more verified incidents reported to the City that the dog has, without provocation, killed another domestic animal; or

         B.   State law provides that it is prima facie evidence that a dog is vicious if it belongs to a particular breed. 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.

      (3)   A determination by the Animal Warden that a dog is vicious, including that it is prima facie evidence that a particular dog is vicious under State law, may be appealed as set forth in Section 705.17 of this Chapter.

   (g)   "Without provocation" means that a dog was:

      (1)   Not teased, tormented or abused by a person; or

      (2)   Not coming to the aid or the defense of a person, provided that such person was not engaged in illegal or criminal activity and was not using the dog as a means of carrying out such activity; or

      (3)   In the case of another domestic animal, that the dog was not attacked by such animal or that such animal was not running at large.

         (Ord. 08-102. Enacted 11-24-08.)