(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VICIOUS ANIMAL:
(a) Any animal which bites multiple times or to the extent of causing severe injury, assaults or otherwise attacks human beings or domestic animals;
(b) Any animal owned or harbored primarily or in part for the purpose of fighting with animals.
(B) It shall be prima facie evidence that an animal is vicious if:
(1) The animal, including dogs, bites a human being or domestic animal more than once in the same attack;
(2) The animal, including dogs, has bitten human beings or domestic animals twice; or
(3) If the animal is a dog, the dog has been found to be a dangerous dog within the meaning of this section, and the code of ordinances or any other applicable rules, laws, and/or regulations pertaining to the regulation of dangerous dogs has subsequently been violated by the same dangerous dog.
(C) Exceptions. An animal shall not be deemed vicious solely because:
(1) It bites, attacks, or menaces:
(a) Any person assaulting its owner;
(b) Any person or animal who has tormented or abused it;
(2) Is otherwise acting in defense of any attack from a person or other animal upon itself, its owner or another person; or
(3) Any police canine unit in the performance of their duties.
(D) A dog shall be declared to be vicious by a court.
(E) It shall be unlawful for any person or entity to knowingly keep, possess, harbor, or house any vicious animal within the city.
(F) It shall be unlawful for any person to knowingly permit, allow, cause, or facilitate, by act or omission, the entry into the city of any vicious animal including vicious dog.
(Ord. 840.6, passed 9-14-87; Am. Ord. 2002-0006, passed 8-12-02) Penalty, see § 90.99