§ 4-168. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dangerous animal.

(1)

Means an animal that:

a.

Has without provocation attacked, bitten, or otherwise caused physical injury to a person; or

b.

Has without provocation attacked, bitten, or otherwise caused serious physical injury to another animal; or

c.

Has without provocation chased or approached any person on any public property, or on any private property that is not the property of the animal's owner, in an apparent attempt to attack or injure that person or in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of physical injury to such person or a companion animal.

(2)

Exception. The term "dangerous animal" does not include a dog used for law enforcement purposes which exhibits behavior that may otherwise fall within the definition of dangerous animal.

Without provocation , when applied to the threat of or injury to a person by an animal, means that:

(1)

The threatened or injured person was not committing or attempting to commit a trespass or other criminal offense on the property of the animal owner;

(2)

The threatened or injured person was not committing or attempting to commit an act of abuse, assault, or attack upon the animal;

(3)

The threatened or injured person was not taunting or tormenting the animal; and

(4)

The animal was not responding to pain or injury, or was not protecting itself or coming to the aid or defense of its owner, custodian, member of its household, or offspring.

Vicious animal.

(1)

Means any animal that, without provocation, bites or attacks a person and causes serious physical injury or death to that person or, any animal that has been found to be a dangerous animal on three separate occasions.

(2)

The term "vicious animal" does not include a dog that has killed or caused serious physical injury to any person or animal during the performance of law enforcement purposes.

(Code 1993, §§ 4-7.3, 4-7.4; Ord. No. 2011-O-32, 5-10-2011)