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(a) As used in this section, "vicious dog" means and includes:
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of humans or domestic animals; or
(2) Any dog which attacks a human or domestic animal without provocation; or
(3) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(b) No person owning or harboring or having the care or custody of a vicious dog shall permit such dog to go unconfined on the premises of such person. A vicious 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 a dog run area upon the premises of such person. Such pen or dog run area must also have either sides six feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot.
(c) No person owning or harboring or having the care of a vicious dog shall 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 three hundred pounds and not exceeding three feet in length.
(d) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon humans or domestic animals.
(e) No person shall possess with intent to sell, or offer for sale, breed or buy or attempt to buy within the City any vicious dog.
(f) Any person owning or harboring or having the care of any vicious dog shall maintain a policy of insurance in an amount not less than fifty thousand dollars ($50,000) insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person shall produce evidence of such insurance upon the request of a law enforcement agent.
(g) In the event that a law enforcement agent has probable cause to believe that a vicious dog is being harbored or cared for in violation of subsections (b), (d), (e) or (f) of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial. In the event that a law enforcement agent has probable cause to believe that a vicious dog is being harbored or housed in violation of subsection (c) of this section, the law enforcement agent may seize and impound the vicious dog pending trial.
(h) (1) Whoever violates any provision of this section shall he guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000), which fine shall be mandatory and shall not be suspended or remitted.
(2) Any vicious dog which attacks a human or domestic animal may be ordered destroyed when in the court's judgment, such vicious dog represents a continuing threat of serious harm to humans and domestic animals.
(3) Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expense as may he required for the destruction of any such dog.
(Ord. 1985-89. Passed 8-26-85.)