(a) (1) As used in this section,
DANGEROUS DOG means and includes:
A. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domesticated animals;
B. Any dog which attacks a human being or domesticated animal without provocation; or
C. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(2) No dog shall be deemed dangerous if it harms or menaces anyone who has tormented or abused it.
(b) No person owning, harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is unconfined, as the term is used in this section, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of such person. Such pen or dog run area must also have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, or if the dog is a type which burrows, the sides must be imbedded into the ground not less than one foot. Such pen or dog run area must be not closer than six feet from any property line.
(c) No person owning, harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and a double collar and double latch. Such dog shall be accompanied by an adult.
(d) No person shall own or harbor any dog for the purpose of fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domesticated animals.
(e) No person shall possess with intent to sell, offer for sale, breed, buy or attempt to buy, within the city, any dangerous dog.
(Ord. 1987-108, passed 6-15-1987)
(f) Penalties under this section shall be as follows.
(1) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the second degree for a first offense and shall be fined not less than $100 and not more than $750 or imprisoned not more than 90 days, or both. The minimum fine provided for in this division (f) shall be mandatory and shall not be suspended or remitted unless the court finds that the defendant is indigent.
(2) For a second offense, whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be fined not less than $200 and not more than $1,000 or imprisoned not more than six months, or both. The minimum fine provided for in this division (f)(2) shall not be suspended or remitted unless the court finds that the defendant is indigent.
(3) In addition to the penalties set forth in divisions (f)(l) and (f)(2) of this section, any dangerous dog which attacks a human being or domesticated animal may be ordered destroyed when, in the court’s judgment, such dangerous dog represents a continuing threat of harm to human beings or domesticated animals. The Animal Warden shall be authorized by the court to deliver such dog to a doctor of veterinary medicine or the Animal Protective League for the purpose of humanely euthanizing such dog.
(1964 Code, § 503.081(f))