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A. “Potentially dangerous dog” means any dog that when unprovoked: (1) bites a human or a domestic animal either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, (3) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals, or (4) any dog that has been previously declared a potentially dangerous dog in any other county, state, or foreign country.

B. “Dangerous dog” means any dog that (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while the dog is off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human or domestic animal, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, or (4) any dog that has been previously declared a dangerous dog in any other county, state, or foreign country.

C. “Severe injury” means any physical injury that results in:

1. One or more broken bones;

2. One or more disfiguring lacerations, avulsions, cuts, or puncture wounds requiring medical attention, including but not limited to one or more sutures, steri-strips, or staples; or

3. Permanent nerve damage.

“Severe injury” also means transmittal of an infectious or contagious disease by an animal.

D. “Proper enclosure of a potentially dangerous dog” means, while on the owner’s property, a potentially dangerous dog shall be securely confined indoors or in a secure kennel, pen, or within a fence which has secure sides of sufficient height and strength to prevent the declared dog’s escape, and the entry of individuals or other domesticated animals. The animal control officer will inspect the kennel, pen or fence to determine if it meets the requirements and may require modifications to be in compliance. Additionally, clearly visible warning signs must be posted on the premises that there is a potentially dangerous dog on the property. The signs must have a symbol or photograph that informs children of the presence of the dog and must be posted at all entrance or exit points to the premises.

E. “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. If the pen or structure has no bottom secured to the sides, they must be embedded into the ground no less than one foot. Additionally, clearly visible warning signs must be posted on the premises that there is a dangerous dog on the property. The signs must have a symbol or photograph that informs children of the presence of the dog and must be posted at all entrance or exit points to the premises.

F. “Animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.

G. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

H. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

I. “Physical control device” means, for the purpose of this chapter, a static leash no longer than six feet in length or a carrying cage.

J. “Provoked” means the threat, injury, or damage caused by the dog was sustained by a person who:

1. At the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog; or

2. At the time was tormenting, abusing, or assaulting the dog; or

3. Has in the past, been observed or reported to have tormented, abused, or assaulted the dog; or

4. At the time was committing or attempting to commit a crime. (Ord. 4021 § 1 (Att. A), 2022; Ord. 2955 Att. A, 2015)