§ 66.10. Definitions.

(a)  Potentially dangerous animal shall mean any animal, except an animal assisting a peace officer engaged in law enforcement duties and/or animals trained by a recognized program within an established curriculum for training animals for services such as rescue and recovery, which demonstrates any of the following behavior:

(1)

When unprovoked, bites a person on public or private property, causing a minor injury not resulting in muscle tears or disfiguring lacerations or requiring multiple sutures, or corrective or cosmetic surgery.

(2)

When unprovoked, bites, inflicts injury, or otherwise causes injury to a domestic animal off the property of the owner or custodian of the attacking animal.

(3)

When unprovoked, engages in any behavior that constitutes a physical threat of bodily harm to a person or domestic animal or poses an immediate threat to public safety on or off the property of the owner or custodian of the animal.

(4)

Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals as documented by law enforcement or MACC.

(b)

Dangerous animal shall mean any animal, except an animal assisting a peace officer engaged in law enforcement duties and/or animals trained by a recognized program within an established curriculum for training animals for services such as rescue and recovery, which demonstrates any of the following behavior:

(1)

When unprovoked, inflicts substantial bodily harm on a human being who is conducting himself or herself peacefully and lawfully. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

(2)

Has been previously designated as a potentially dangerous animal that, after the owner or custodian has been notified of such designation, exhibits any of the behaviors described in this subsection or subsection (a) of this section.

(3)

Has been previously designated as a potentially dangerous animal and after the owner or custodian has been notified of such designation, the owner or custodian subsequently violates any requirement of this chapter.

(4)

Kills or inflicts substantial bodily harm to another domestic animal without provocation while off or on the property of the owner or custodian of the attacking animal.

(5)

When unprovoked, repeatedly attacks or attempts to attack a person or domestic animal on private or public property. For purposes of this provision, "repeatedly" shall mean more than one (1) unprovoked attack or attempted attack occurring during the course of either a single encounter or separate encounters.

(6)

The dog's owner or custodian is in possession of training apparatus, paraphernalia, or drugs intended to be used to prepare or train dogs to be fought and the dog displays evidence that it has been or will be fought. ( Ord. No. 2016-009 , § 1, 2-12-16)