§ 10-1-23. Definitions (V).

Vicious dog.

(1)

The term "vicious dog" means any dog that, as determined by the director:

a.

Has attacked or bitten a person causing death or substantial physical injury;

b.

Has killed or inflicted substantial physical injury to a domestic animal, without provocation, while off the owner's or custodian's property;

c.

Is owned or harbored primarily or in part for the purpose of dogfighting or is a dog trained for dogfighting; or

d.

Has twice within a one-year period done any of the following:

1.

Bitten, attacked or attempted to bite a person; or

2.

Chased or approached a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack.

(2)

No dog may be determined to be a vicious dog if any such bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog, or who has in the past teased, tormented, abused or assaulted the dog.

(3)

This definition does not apply to dogs used in military or police work while they are actually performing in that capacity.

(Ord. No. 90-11, § 4, 3-6-90)