(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS OR VICIOUS DOG.
(a) A dog that without provocation has killed or inflicted injury on a person; or killed or inflicted severe injury upon a domestic animal, horse or livestock or human (child or adult), when not on the offending dog owner’s property or approached a person when not on the offending dog owner’s property in a vicious or terrorizing manner, in an apparent attitude of attack, as determined by the Chief Animal Control Officer or his or her designee, upon the sworn affidavit of at least two eyewitnesses.
(b) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
INJURY. Any breaking of the skin, which results in bleeding, caused by bite.
OWNER. Any person or legal entity that has a possessory property right in a dog.
OWNER’S REAL PROPERTY. Any real property owned or leased by the owner or owner’s of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, townhouse or subdivision development.
SEVERE INJURY. Any physical injury that results in broken bones or disfiguring lacerations or which required surgery or hospitalization.
(B) The Animal Control Officer of the county or his or her designee, is hereby designated as the person responsible for determining when a dog is a dangerous or vicious dog. At the time a determination is made by the ACO that a dog is vicious or dangerous, such dog shall be seized by the ACO and or the County Commission may authorize the Animal Control Officer to shoot and kill such animals deemed vicious and/or has attacked another animal by biting. The ACO will then communicate in writing to the dog owner that the dog is classified as vicious and/or dangerous, giving the reasons for the determination.
(Ord. passed 6-11-2012) Penalty, see § 90.99