As used in this article, the following terms
shall have the meanings indicated:
VICIOUS DOG
A.
A dog:
(1)
Which bites, inflicts injury, assaults or otherwise
attacks a human being or household pet without provocation on public
or private property; or
(2)
Which, when unprovoked, approaches a person
or domestic animal in a vicious or terrorizing manner in an apparent
attitude of attack while on the streets, sidewalks or any public grounds
or places; or
(3)
With a known propensity, tendency or disposition
to attack without provocation; or
(4)
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 any injury or damage is sustained by a person who, at the time such 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 or assaulting the dog; or was committing or attempting to commit a crime. Further, no dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault; or where a domestic animal, at the time the injury was sustained, was teasing, tormenting, abusing or assaulting the dog. However, as set forth in §
240-16, the Alderman may determine the actions of the person to be of an innocent nature, depending on the circumstances, and declare the dog to be vicious.
The Town shall keep an up-to-date record of
all vicious dogs, which shall include the name of the dog, the name,
address and phone number of the owner or person responsible for the
dog and the history of the vicious behavior of the dog.
[Amended 2-17-2006 by Ord. No. 407]
Any person convicted of violating any provision of this article shall pay such fines as set out in Chapter
1, General Provisions, Article
I, Penalties.