For purposes of this chapter, the following terms are defined:
1. “Dangerous dog” means any dog that:
A. Without provocation, causes a serious injury to a person or domestic animal; or
B. Has been designated as a potentially dangerous dog and engages in behavior that poses a threat to public safety as described in subsection 8 of this section or serious injury as defined in subsection 9.
2. “Impound” means to take a potentially dangerous dog or dangerous dog into custody by the Animal Control Authority or the organization authorized to enforce this chapter.
3. “Owner” means any person possessing, harboring, keeping, having an interest in, or having control or custody of a dog.
4. “Pet safety course” means a course, preapproved by the Animal Control Officer or the organization authorized to enforce this chapter, consisting of (but not limited to) instruction in safe management of dogs.
5. “Potentially dangerous dog” means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:
A. Without provocation, causes an injury to a person or domestic animal on public or private property that is less severe than a serious injury;
B. Without provocation, chases or approaches a person, a domestic animal or a wheeled conveyance upon the streets, sidewalks, or any public or private property, in an apparent attitude of attack; or has a known propensity, tendency, or disposition to attack, causing injury or otherwise threatening the safety of humans or domestic animals;
C. Without provocation, acts in a highly aggressive manner within a fenced yard or enclosure and appears, to a reasonable adult, able to jump over or escape;
D. Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape.
6. “Proper enclosure” of potentially dangerous and dangerous dogs requires:
A. Potentially dangerous and dangerous dogs shall be securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, except when leashed as provided in this section or caged for transportation. Also, when a dangerous dog is not securely confined or caged for transportation a muzzle shall be placed on the dog.
B. A pen or kennel must have secure sides and a secure top attached to the sides or, in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure. A pen or kennel must have a secure bottom, floor or foundation attached to the sides of the pen or kennel, or the sides of the pen or kennel must be embedded in the ground no less than two feet so as to prevent digging under the sides of the pen or kennel by the confined potentially dangerous dog or dangerous dog.
C. All pens, kennels, or structures erected to house a potentially dangerous dog or dangerous dog must comply with all zoning and building regulations in their jurisdictions. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
D. All pens or kennels designed, constructed, or used to confine potentially dangerous and dangerous dogs must be locked with a key or combination lock when such animals are within the structure.
E. No potentially dangerous or dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the potentially dangerous or dangerous dog to exit such building on its own volition.
F. No potentially dangerous dog or dangerous dog may be tied or leashed to inanimate objects such as trees, posts, buildings, or any other object or structure.
7. “Proper leashing” of potentially dangerous dogs and dangerous dogs requires that potentially dangerous dogs and dangerous dogs shall not be permitted to go outside a proper enclosure as defined in subsection 6 unless secured on a leash no longer than six (6) feet in length that is under the actual physical control of a person eighteen (18) years of age or older who has the physical ability to restrain the dog. Also, when a dangerous dog is not securely confined or caged for transportation, a muzzle shall be placed on the dog.
8. “Provocation” means that the threat, injury, or damage caused by the dog was sustained by a person who, at the time, was willfully trespassing upon the premises occupied by the owner of the dog, or the person was tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.
9. “Serious injury” means any physical injury incurred by a dog that results in a major bone fracture, muscle tears, disfiguring lacerations or requires multiple sutures or corrective surgery or cosmetic surgery.