(A) No person shall permit any vicious dog of which he or she is the owner, keeper, caretaker, or custodian to be unconfined unless securely muzzled and led by a leash.
(B) Any dog shall be deemed vicious which, when unprovoked, has bitten or attacked, or attempted to bite or attack any person or animal. A dog shall be deemed to be attempting to attack if it is restrained by a leash, fence, or other means, and it is clear from the dog's excited actions that only the presence of the leash, fence, or other means of restraint is preventing the dog from making an immediate attack.
(C) Nothing in this section shall prohibit the Department from using any trained dog that may attack on command; provided, that each such dog must be under the direct control of its handler or securely restrained.