9.24.020 Definitions.
A. "Potentially dangerous animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior a first time, but does not inflict serious injury to either a human or another animal:
1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;
2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal;
3. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is acting lawfully;
4. An attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully.
B. "Dangerous animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:
1. A single attack, without provocation, that results in a severe injury or death to a person in a place where such person is acting lawfully;
2. A single attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the death of the other animal or livestock;
3. A second attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;
4. A second attack, without provocation, on another animal or livestock, which occurs off the property of the owner of the attacking animals;
5. A second display of behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is acting lawfully;
6. A second attack, without provocation, that results in a non-severe injury to a person in a place where such person is acting lawfully;
7. A combination of behaviors or attacks described in Section 9.24.020(A) that occur without provocation on two separate occasions.
C. "Serious injury" is defined as any physical injury to a human being or animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery or causes severe bruising.
D. "Enclosure" means a fence or structure of at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping.
E. "Hearing officer" means the manager of animal services, or his/her designee.
F. "Owner" means the owner, keeper or person having custody, control or possession of an animal.
G. A "dangerous animal" or "potentially dangerous animal" does not mean any animal in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage:
1. Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged;
2. Committed a willful trespass or other tort upon the private property of the owner of the animal;
3. Committed or attempted to commit a crime; or
4. Threatened or committed an unjustified attack or assault against the owner or person in control of the animal.
(Ord. 2185 NCS §2 (part), 2004.)