[R.O. 2004 § 211.010; Ord. No. 3.43 § 1, 6-8-2010]
A.
For purposes of this Article, a "dangerous
dog" means any dog, except one assisting a Peace Officer in law enforcement
duties, which demonstrates any of the following behavior:
1.
An attack which requires defensive
action by any person to prevent bodily injury or property damage when
such person is conducting himself/herself peaceably and lawfully.
2.
An attack which results in property
damage or in an injury to a person when such person is conducting
himself/herself peacefully and lawfully.
3.
An attack on another animal, but
not fowl, which occurs on property other than that of the owner of
the attacking dog.
[Ord. No. 3.46 § 1, 7-25-2013]
4.
Any behavior that constitutes a threat
of bodily harm to a person when such person is conducting himself/herself
peacefully and lawfully.
B.
For purposes of this Section, a person
is conducting himself/herself peaceably and lawfully upon the private
property of the owner of the dog when he/she is on such property in
the performance of any duty imposed by Federal, State or local law
or the postal regulations of the United States, or when he/she is
on such property upon invitation, express or implied.
C.
Evidence that may be considered in determining
a dog to be dangerous may include, but is not limited to, testimony
of persons who have witnessed the actual behavior of said dog, past
incidents involving said dog, size of the dog, the conditions in which
the dog is kept, the training given to the dog, and the breed of the
dog.
D.
Notwithstanding the definitions provided
in this Section, no dog may be declared dangerous if:
1.
Any injury or damage was sustained
to an individual while committing, or attempting to commit, a willful
trespass or other unlawful activity upon the premises occupied by
the owner or harborer of the dog, or a person that was physically
abusing or assaulting the dog;
2.
Any injury or damage was sustained
by a domestic animal which, at the time of such injury or damage,
was attacking or assaulting the dog; or
3.
The attacking dog was protecting
or defending a human being within the immediate vicinity of the dog
from an unjustified attack or assault.
[R.O. 2004 § 211.020; Ord. No. 3.43 § 1, 6-8-2010]
A.
A person commits the offense of keeping
a dangerous dog if he/she permits a dog owned by him/her, or a dog
upon any premises occupied by him/her or under his/her control, to
demonstrate the behavior of a dangerous dog.
B.
A finding of guilt, including a plea of
guilty or nolo contendere, to any charge of keeping a dangerous dog
shall be considered a determination that the dog alleged in the information
to have demonstrated the behavior of a dangerous dog is a dangerous
dog.
[R.O. 2004 § 211.030; Ord. No. 3.43 § 1, 6-8-2010]
A.
The owner of a dangerous dog or any person
upon whose property is kept a dangerous dog shall confine such dog
within a fully enclosed structure from which the dog cannot escape.
The enclosure shall be secured to a floor or bottom or the sides of
the enclosure must be embedded into the ground at a depth sufficient
to keep the dog from burrowing under the fence. The sides of the enclosure
must be of a height sufficient to keep the dog from jumping or climbing
out or it must include a roof or top that will prevent the dog from
escaping over the sides. The door of such enclosure shall be locked
with a combination or keyed lock.
B.
When confined within a building, no dangerous
dog shall be kept in an area where windows or portions of doors are
missing or any area where a window screen or screen door are part
of the enclosure keeping the dog inside.
C.
Any enclosure in which a dangerous dog
is kept shall be identified by signs posted on the property advising
others of the presence of a dangerous dog or vicious dog. Signs must
be at least three (3) square feet and be readable by a person of normal
eyesight from a distance of fifty (50) feet. Signs must be posted
in such a manner as to be visible from the north, south, east and
west unless the Animal Control Officer or Chief of Police determine
fewer signs are needed based upon the physical characteristics of
the property.
D.
When the dangerous dog is not enclosed
within a structure described above, the dog shall be muzzled and confined
to a leash or tether capable of holding three hundred (300) pounds,
no longer than five (5) feet, and securely held by a person seventeen
(17) years of age or older who is capable of restraining the dog.
The muzzle shall be a cage-type muzzle that covers the mouth and snout
of the dog.
[R.O. 2004 § 211.040; Ord. No. 3.43 § 1, 6-8-2010]
Upon issuance of a summons for keeping
a dangerous dog, the Animal Control Officer shall impound the dog
unless the owner or keeper of the dog can arrange for the dog to be
kept at a location more than one-half (1/2) mile from the City limits
of the City of Mount Vernon. Upon a finding that the dog is in fact
a dangerous dog, the person charged with keeping the dangerous dog
shall reimburse the City's costs in feeding and keeping the dog.
[R.O. 2004 § 211.050; Ord. No. 3.43 § 1, 6-8-2010]
A.
A dangerous dog may be put to death by
the City of Mount Vernon under the following circumstances:
1.
Upon a second conviction for failing
to confine a dangerous dog for actions related to the same dog, regardless
of whether the person charged and convicted in the first case is the
same person that owns or is keeping the dog at the time the summons
is issued in the second case;
2.
If the dangerous dog has committed
serious physical injury to any person, defined as any physical injury
to a human being requiring more than one (1) suture or staple, an
injury requiring surgery, or an injury that results in the death of
any person; or
3.
With permission of the dog's owner
or person having dog under his/her control.
