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The following definitions shall apply throughout this chapter:

(1) “Animal control authority” means the department of the city charged with the responsibility of administering the provisions of this chapter, or the department and any other agency to which this responsibility is contractually delegated and which is thereby charged with the duty of enforcing the animal control laws of the city and/or with the shelter and welfare of animals.

(2) “Animal control officer” means any person or agency designated by the city as a law enforcement officer or quasi-law enforcement officer who is authorized to implement the provisions of this chapter and this title.

(3) “Dangerous dog” means any dog that:

(a) Inflicts severe injury on a human being without provocation on public or private property; or

(b) Kills a domestic animal, without provocation, while the dog is off the owner’s property; or

(c) Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

(4) “Owner” means any person, firm, corporation, organization, or department in possession of, harboring, keeping, having an interest in, or having control or custody of an animal.

(5) “Potentially dangerous dog” means:

(a) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to or to otherwise endanger the safety of humans or other domestic animals; or

(b) Any dog which unprovoked inflicts bites on a human or domestic animal either on public or private property; or

(c) Any dog which unprovoked chases or approaches a person upon the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack.

(6) “Proper enclosure” of a dangerous dog or a potentially dangerous dog means that, while on the owner’s property, a dangerous dog shall either be:

(a) Securely confined indoors; or

(b) In a securely enclosed and locked pen or structure suitable to prevent the entry of children under the age of 10 years and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and provide protection from the elements for the dog. If such pen or structure does not have a bottom that is secured to the sides, the sides must be embedded at least one foot into the ground.

(7) “Running at large” means to be off the premises of the owner and not under the immediate control of the owner or other competent person authorized by the owner, by means of a leash, cord or chain, except when in or on any vehicle and securely confined to such vehicle; except that, for purposes of this definition, the “premises of the owner” shall not include common areas of a condominium complex, townhouses, duplexes, and apartment buildings, and any animal not in the effective control of its owner upon the common area of a condominium complex, townhouse, duplex, or apartment building, or the grounds thereof, shall be deemed to be running at large.

(8) “Severe injury” means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. (Ord. 547 § 1, 2019)