§ 8-7. Vicious animals.

(a) 

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

UNCONFINED

A vicious dog or other animal is unconfined if such vicious dog or other animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in Subsection (b) of this section. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than one foot.

VICIOUS DOG OR OTHER ANIMAL

(1) 

Any dog or other animal with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or

(2) 

Any dog or other animal which attacks a human being or another domestic animal one or more times without provocation.

A dangerous dog or other animal does not include any of the following: (i) an animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner; (ii) an animal that bites or attacks a person who provokes or torments the animal; (iii) an animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.

(b) 

No person owning or harboring or having the care of a vicious dog or other animal shall suffer or permit such dog or other animal to go unconfined on the premises of such person.

(c) 

No person owning or harboring or having the care of a vicious dog or other animal shall suffer or permit such dog or other animal to go beyond the premises of such person, unless such dog or other animal is securely leashed and muzzled or otherwise securely restrained and muzzled.

(d) 

Notwithstanding any other section of this chapter, if a violation of this section occurs, the Animal Control Officer or a police officer may issue an appearance ticket, citation or summons to the person owning or harboring or having the care of a vicious dog or other animal and suffering or permitting such dog or other animal to go unconfined on the premises of such person. The penalty shall be punishment as prescribed in § 1-16. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense.

Code 1975, § 6-25; Code 1992, § 5-41