(a) The purpose of this section is to promote the public health, safety and general welfare of the citizens of the City of Wellsburg. It is intended to be applicable to “dangerous” and/or “vicious” dogs, as defined herein by ensuring responsible handling.
When used in this section, the following words, terms and phrases and their derivations shall have the meaning ascribed to them in this section, except where the context clearly indicated a different meaning:
(1) “Dangerous Dog”. A dog that, without provocation has or attempts to chase or approach in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, whether or not the dog is on or off the premises of its owner, keeper or harborer. “Dangerous Dog” means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings or domestic animals, or would constitute a danger to human life, physical well-being or property or other domestic animals if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties and 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 a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) “Unsecured” means not securely confined indoors, or not securely restrained by means of a collar and chain, pen and fence of such strength to restraint the dog.
(4) “Under restraint” means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person’s commands.
(b) A dangerous dog which is found to be not under the immediate control of its owner, keeper, harborer or some other responsible person, or is unsecured and not physically restrained and confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top shall be guilty of a misdemeanor and fined up to two hundred fifty dollars ($250.00) for a first offense and five hundred dollars ($500.00) for any additional offenses pursuant to this section and also subject to any additional penalties as may be applicable.
(c) Nothing in this provision shall preclude the impoundment of any dangerous dog if such is found to be necessary by the Chief of Police, any law enforcement officer or County Animal Control Officer who may file a complaint or issue a citation for violations of this section to be prosecuted in the Municipal Court if the dog is impounded the court may recommend release of the dog to its owners after the owner, keeper or harborer has paid all fees incurred for the impoundment. In no instance shall the City of Wellsburg be responsible for any fees associated with the impoundment of a dangerous dog pursuant to the duties and responsibilities of law enforcement in carrying out the intent of this section.
(d) The provisions and penalties contained in this section are in addition to and not dependent upon other sections and articles of this Code. Nothing contained in this section shall substitute for any other state or local requirements incumbent upon owners of vicious or dangerous dogs. Likewise, nothing contained in this section, article, or other articles of this Code shall constitute a defense to any action for personal injury, wrongful death or damage to property. (Passed 6-13-05.)