(A) A person commits an offense if the person is the owner of a dangerous dog or dangerous animal and the dog or animal makes an unprovoked attack on another person outside the dog’s or animal’s enclosure and causes bodily injury to the other person.
(B) An offense under this section is a Class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a Class A misdemeanor.
(C) If a person is found guilty of an offense under this section, the court may order the dangerous dog or dangerous animal destroyed by a person listed in § 90.45.
(D) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this division (D) shall be retained by the municipality.
(Ord. 14-09, passed 10-12-2009)