Chapter 18 ANIMALS
ARTICLE V. DOGS AND CAT
DIVISION 4. DANGEROUS OR VICIOUS DOG Sec. 18-291. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
Sec. 18-292. Determination of dangerous characteristics.
Any dog, that when unprovoked, shall be deemed a dangerous dog if it:
(1) Bites or inflicts a bite on a human being or domestic animal either upon public property or those areas of private property that are unfenced and normally accessible to the public.
(2) Chases or approaches a person upon the streets, sidewalks, or public grounds in a terrorizing or menacing fashion or apparent attitude of attack.
(3) Bites or injures animals or persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, delivery persons, or business customers provided that persons authorized to enter upon the owner's premises shall not include unauthorized intruders such as burglars or trespassers in the owner's business, house or apartment or within a fenced area on the premises not normally accessible to the public.
Sec. 18-293. Determination of viciousness.
Any dog which represents a danger to any person or to any domestic animal shall be deemed a vicious dog for the following reasons:
(1) Any dog that kills or causes severe or serious physical injury to any person or domestic animal without provocation.
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(3) Any dog previously classified as a dangerous dog which commits a second violation by biting a person or domestic animal without provocation.
(4) Any dog which bites or injures animals or persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, or business customers provided that persons authorized to enter upon the owner's premises shall not include unauthorized intruders such as burglars or trespassers in the owner's business, house or apartment or within a fenced area on the premises not normally accessible to the public.
Sec. 18-294. Responsibility for classification.
The department of health shall be responsible for the classification of dogs as either dangerous or vicious based upon its own investigation and/or investigative reports and recommendations submitted by the society.
Sec. 18-295. Provocation.
(a) The provisions of this division shall not apply to any dog which was provoked.
(b) Provocation shall mean the act of exciting, stimulating, irritating, enraging or arousing a dog to the point of aggression, in the form of biting or approaching in a menacing fashion. Unauthorized intruders such as burglars or trespassers shall be deemed to have provoked a dog by the act of entering the owner's apartment, house, business, or enclosed premises not normally accessible to the public. "Intruders" shall not include persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, delivery persons or business customers.
Sec. 18-296. Proper enclosure of a dangerous or vicious dog.
(a) While on the owner's property, a dangerous or vicious dog shall be securely confined indoors or in a securely locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such a pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
(b) The enclosure shall be imbedded 18 inches in the ground on all sides. The director, after reviewing the circumstances associated with each situation, shall make a determination as to whether the enclosure meets its requirements. Such enclosure must assure the safety of the public as well as confinement of the dog in a humane, sanitary and healthful environment.
Top ◄Animal Ordinances |
