As used in this article, the following terms shall have the meanings indicated:
DANGEROUS OR VICIOUS DOG A. Any dog:
(1) Which, when unprovoked, 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 unprovoked, 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, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. If the trespass is determined to be of an innocent nature, the court may, depending on the circumstances, and in accordance with the procedures set forth in §
108-10, find the dog to be vicious.
C. No dog may be declared vicious if it is used by law enforcement officials for law enforcement work.
ENCLOSURE A fence of at least six feet in height, or other structure, such as a pen, forming or causing an enclosed area suitable to prevent the entry of young children, or any part of their bodies, and suitable to confine vicious dogs in conjunction with other measures which may be taken by the owner or the keeper, such as the tethering of a vicious dog. Such other structure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to keep the animal from escaping therefrom. If the pen or other structure has no bottom secured to the sides, the sides must be embedded in the ground no less than one foot.
IMPOUNDED Taken into custody or the public pound used by the City of Watervliet.
PERSON A natural person or any legal entity, including but not limited to a corporation, partnership or trust.
If any dangerous or vicious dog causes injury to a person or domestic animal or damage to property while out of or within the enclosure of the owner of the dog, or while off the property of the owner, whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without the fault of the owner, the owner shall be liable to the person aggrieved by the injury for all damages sustained, to be recovered in a civil action.
The owner shall notify the animal control officer immediately, but in no event more than 24 hours, if a vicious dog is loose, unconfined, has attacked another animal, has attacked a human being or has died.
No person shall own or harbor any dog for the purpose of dog fighting or shall train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.
No person shall possess with intent to sell, offer for sale, give away, breed, buy, attempt to buy or receive as a gift within the City any dangerous or vicious dog.
The provisions of this article shall not supersede but rather shall be supplementary to the provisions of law contained in Article 7 (§
106 et seq.), of the Agriculture and Markets Law and any other applicable ordinance, rule or regulation and successor laws, ordinances, rules and regulations.