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(a) As used in this section:
(1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, 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 lockedenclosure which has a top.
B. “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) A. “Vicious dog” means a dog that, without provocation and subject to subsection (a)(4)B. hereof, meets any of the following:
1. Has killed or caused serious injury to any person;
2. Has caused injury, other than killing or serious injury to any person, or has killed another dog.
B. “Vicious dog” does not include either of the following:
1. 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 duties;
2. 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 owning or harboring, or having the care or custody of a dangerous or vicious dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous or vicious dog is “unconfined” as the term is used in this section, if such dog is not securely confined indoors, or hooked on a chain link leash or tether not more than six feet (6') in length or confined in a securely enclosed and locked pen or yard. Such pen or yard hereafter referred as “enclosure” must be constructed out of galvanized chain link fencing of two inch (2") mesh, and fabricated using no smaller than nine (9) gauge wire. The corner posts and gate posts must be galvanized steel tubing no smaller than two and one-half inches (2 1/2") in diameter and must be cemented into the ground. Intermediate or line posts may be as small as two inches (2") in diameter. A top rail of one and five-eighths inches (1 5/8") in diameter is required. The enclosure must measure at least six feet (6') in length by six feet (6') in width. The sides must be embedded into the ground no less than one foot (1') and six feet (6') above the ground. The enclosure must also have a secured top. Access to the pen must be through a self-closing, self- latching gate attached to a welded gate frame. No more than one (1) dog may be confined in the pen at any time.
(c) No person owning or harboring, or having the care of a dangerous or vicious dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds, and not exceeding three feet (3') in length, and under the custody and control of a person of suitable age and discretion or affix the leash to the ground or 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.
(d) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purposes of causing or encouraging such dog to attack upon human beings, or domestic animals without provocation.
(e) No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the Village any dangerous or vicious dog.
(f) Any person owning or harboring or having the care of any dangerous or vicious dog shall maintain a policy of insurance in an amount not less than one hundred thousand dollars ($100,000) insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dangerous or vicious dog. Such person shall produce evidence of such insurance upon the request of a law enforcement agent.
(g) In the event that a law enforcement agent has probable cause to believe that a dangerous or vicious dog is being harbored or cared for in violation of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous or vicious dog pending trial.
(1) Whoever violates this section shall be guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating this section shall be guilty of a misdemeanor of the first degree, and shall be fined one thousand dollars ($1,000), which fine shall be mandatory, and shall not be suspended or remitted.
(2) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered humanely destroyed by a licensedveterinarian or the humane society when in the court’s judgment, such dangerous or vicious dog represents a continuing threat of serious harm to human beings or domestic animals.
(3) Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. (Ord. 2008-19. Passed 7-16-08.)