(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG:
(a) Any dog without provocation, that causes an individual to reasonably believe that the dog will cause physical harm to a person;
(b) Any dog which when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places, or private property; or
(c) Any dog with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals.
(B) It shall be prima facie evidence that a dog is dangerous if:
(1) The dog has bitten any human or domestic animal and caused injury, irrespective of the extent of the injury; or
(2) The dog has approached and/or chased a human being or domestic animal in such a terrorizing manner as to reasonably require the human being or domestic animal to seek immediate shelter or to require the human being or domestic animal to defend oneself against such attack or to require an intervening third party to stop the dog from approaching or chasing the human being or domestic animal in such a terrorizing manner. It shall not matter whether the human being or domestic animal sustains any physical injury.
(C) Exceptions. An animal shall not be deemed dangerous 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;
(3) Any police canine unit in the performance of their duties.
(Ord. 2002-0006, passed 8-12-02) Penalty, see § 90.99