(a) Definitions. As used in this section, the following words and phrases shall have the meanings indicated:
(1) "Dangerous dog" means a dog that, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. "Dangerous dog" does not include a "police dog" that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the "police dog" is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4) "Vicious dog" means a dog that, without provocation, meets any of the following:
A. Has killed or caused serious injury to any person; or
B. Has caused an injury to a person, or has killed or seriously injured a companion animal.
"Vicious dog" does not include either of the following:
A. A "police dog" that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the "police dog" is being used to assist one or more law enforcement officers in the performance of their official duties; or
B. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
(5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(b) No person being the owner or having charge of cattle, horses, swine, sheep, geese, ducks, goats, turkeys, chickens or other fowl or animals shall permit them to run at large upon any public place, or upon any unenclosed lands or upon the premises of another. Whoever violates this subsection is guilty of a misdemeanor of the fourth degree.
(c) No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat unless the dog is properly in leash. Whoever violates this subsection is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(d) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer or handler of the dog, no owner, keeper or harborer of any dog shall fail at any time to do either of the following:
(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape;
(2) Keep the dog on a leash and under the reasonable control of some person;
The running at large of a dog off the premises of the owner is prima facie evidence that it is unconfined in violation of this subsection.
Whoever violates this subsection is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(e) In addition to the penalties prescribed in subsection (c) or (d), above, if the offender is guilty of a violation of subsection (b) or (c) hereof, the court may order the offender to personally supervise the dog that he owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both.
(f) No owner, keeper or harborer of a "dangerous dog" or "vicious dog" shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top, except that a "dangerous dog" may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or
C. Muzzle that dog.
Whoever violates this subsection is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense; provided, however, that if a person being an owner, harborer, or keeper of any animal is found to be in violation of this subsection and the animal inflicts serious physical harm to any person, the violator shall be guilty of a misdemeanor of the first degree. For purposes of this subsection, "serious physical harm" means any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(2) Any physical harm that carries a substantial risk of death;
(3) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(4) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;
(5) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain. (Ord. 2017-44. Passed 12-4-17.)