§ 79-5. Definitions.

As used in this article, the following terms shall have the meanings indicated:

DANGEROUS OR VICIOUS DOG

A. 

Any dog:

(1) 

Which, without provocation, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack;

(2) 

With a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger or threaten the safety of human beings or domestic animals;

(3) 

Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal or household pet without provocation, on public or private property; or

(4) 

Which is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

B. 

No dog may be declared vicious if the threat, injury or damage was sustained by a person who, at the time such threat, injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog.

C. 

No dog may be declared vicious if it is used by law enforcement officials for law enforcement work.

HABITUAL

A dog barking, whining, etc., for repeated intervals of at least 10 minutes with less than five minutes of interruption, which can be heard by any person, including a law enforcement officer or dog control officer, from a location outside of the owner's or caretaker's premises.

MINOR

Persons under 18 years of age.

OWNER

Includes any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.

Added 6-28-2010 by L.L. No. 3-2010