For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
DANGEROUS DOG. Any dog, except a dog assisting a peace officer engaged in law enforcement duties, and/or dogs trained by a recognized program within an established curriculum for training dogs for services, such as rescue and recovery, that demonstrates any of the following behavior:
(1) Any dog that, when unprovoked, inflicts substantial bodily harm on a human being who is conducting himself or herself peacefully and lawfully. SUBSTANTIAL BODILY HARM means bodily injury which involves a temporary, but substantial, disfigurement, or which causes a temporary, but substantial, loss, or impairment, of the function of any bodily member, or organ, or which causes a fraction of any bodily member;
(2) Any dog previously designated as a potentially dangerous dog that, after the owner, or custodian, has been notified of the designation, exhibits any of the behaviors described in this subchapter;
(3) Any dog previously designated as a potentially dangerous dog after the owner, or custodian, has been notified of the designation, if the owner, or custodian, subsequently violates any requirement of this subchapter;
(4) Any dog that kills another domestic animal without provocation while off the property of the owner, or custodian, of the attacking dog;
(5) Any dog, when unprovoked, that repeatedly attacks, or attempts to attack, a person, or domestic animal, on private, or public, property. For purposes of this provision, REPEATEDLY shall mean more than one unprovoked attack, or attempted attack, occurring during the course of either a single encounter, or separate encounters; and
(6) The dog’s owner, or custodian, is in possession of training apparatus, paraphernalia, or drugs intended to be used to prepare, or train, dogs to be fought, and the dog displays evidence that it has been, or will be, fought established by the fact that the dog has fresh wounds, scarring, or is observed in a fight, or has other indications which, to a reasonable person, evidence that the animal has been, or will be used, trained, or encouraged, to fight with another animal.
DOG. Both male and female of the canine species, commonly accepted as domesticated household pets.
GREAT BODILY HARM. Bodily harm 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.
MAINTENANCE COSTS. Any costs incurred as a result of seizing an animal for impoundment, including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining, feeding, destroying, boarding, or maintaining seized animals, whether these services are provided by the city or the pound.
OWNER. Any person, or persons, firm, corporation, organization, department, or association owning, possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.
POTENTIALLY DANGEROUS DOG. Any dog, except a dog assisting a peace officer engaged in law enforcement duties, and/or dogs trained by a recognized program within an established curriculum for training dogs for services, such as rescue and recovery, that demonstrates any of the following behavior:
(1) Any dog that engages in any unprovoked behavior that requires a defensive action by any person to prevent bodily harm when the person, and the dog, are off the property of the owner, or custodian, of the dog. BODILY HARM means physical pain or injury, illness, or any impairment of physical condition;
(2) Any dog that, when unprovoked, bites a person on public, or private, property, causing a minor injury not resulting in muscle tears or disfiguring lacerations, or requiring multiple sutures or corrective, or cosmetic, surgery;
(3) Any dog that, when unprovoked, bites, inflicts injury, or otherwise causes injury to a domestic animal off the property of the owner, or custodian, of the attacking dog;
(4) Any dog that, when unprovoked, engages in any behavior that constitutes a physical threat of bodily harm to a person or domestic animal, or poses an immediate threat to public safety off the property of the owner, or custodian, of the dog; and
(5) Any dog that has a known propensity, tendency, or disposition to attack unprovoked, causing injury, or otherwise threatening the safety of humans, or domestic animals, as documented by law enforcement or the city.
PROPER ENCLOSURE. Securely confined indoors, or in a securely enclosed, and locked, pen or structure suitable to prevent the dog from escaping, and to provide protection for the dog from the elements. 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, and in which door, or window, screens are the only barriers which prevent the dog from exiting. The enclosure shall not allow the egress of the dog in any manner without human assistance. A pen or kennel shall meet the following minimum specifications:
(1) A minimum overall floor size of 32 square feet;
(2) Sidewalls shall have a minimum height of five feet, and be constructed of 11 gauge, or heavier, wire. Openings in the wire shall not exceed two inches, support posts shall be one and one-fourth inch, or larger, and steel pipe buried in the ground 18 inches, or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground;
(3) A cover over the entire pen, or kennel, shall be provided. The cover shall be constructed of the same gauge wire, or heavier, as the sidewalls, and openings in the wire shall not exceed two inches; and
(4) An entrance/exit gate shall be provided, and be constructed, of the same material as the sidewalls, and openings in the wire shall not exceed two inches. The gate shall be self-closing, and self-locking. The gate shall be locked at all times when the dog is in the pen, or kennel.
SUBSTANTIAL BODILY HARM. Bodily harm that involves a temporary, but substantial, disfigurement, or that causes a temporary, but substantial, loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member.
UNPROVOKED. The condition in which the dog is not purposely excited, stimulated, agitated, or disturbed.
(Ord. 19, third series, passed 6-21-2011)