19.2.1.100 VICIOUS ANIMALS; PUBLIC NUISANCE.

(a) Definition of Vicious. Hunting dogs are exempt from the provisions of this Section when engaged in any legal hunt or training procedure. Dogs that have been classified as vicious may not be used for hunting purposes. An animal is vicious if, without provocation, it is an animal that:

(1) Has attacked, bitten, seriously injured, or killed a person or other animal; or

(2) Has, on two or more separate occasions in a six (6) month period, engaged in behavior that required a person or another animal to take defensive action in order to avoid serious injury; or

(3) Continues to exhibit behavior that previously resulted in the animal being found vicious by the Court; or

(4) Demonstrates a tendency to continually expose humans or other animals to the potential of rabies, as recorded through the Rabies Quarantine Program administered by the Animal Control Officer.

(b) Definition of Public Nuisance. An animal is a public nuisance if it:

(1) Harasses any passing person or animal or chases any passing vehicle; or

(2) Attacks other animals; or

(3) Barks, howls, or creates other animal noises so as to repeatedly and incessantly disturb the peace and quiet of any person; or

(4) Roams repeatedly at-large, or roams at-large during any ceremonial or traditional activity; or

(5) Overturns or spreads garbage or other property about; or

(6) Runs through, tears up, or eats lawns, gardens, crops, or landscaping; or

(7) Creates a substantial and continuous disturbance or annoyance to a person, property, or animals.

(c) Confinement Before Judgment. Any animal cited as vicious or as a public nuisance may be ordered confined or impounded by the Animal Control Officer until the Court enters its judgment.

(d) Disposition of Animal. The Court may order that the animal be released without conditions, released under conditions ordered by the Court, or euthanized; provided, that any animal that, without provocation, bites so as to cause a severe abrasion of the skin of a person requiring professional medical treatment may only be euthanized pursuant to Section 10.11(C) after the Court makes specific findings as to the severity of the injury and the Court finds no special circumstances or mitigating factors to justify the animal's release with or without conditions. Any order of the Court requiring the destruction of any animal shall be stayed pending the exhaustion of any appeal and final disposition by the Supreme Court.

(e) Sign. The Owner of an animal deemed vicious by the Court shall, in addition to any other conditions ordered by the Court, post a sign in a prominent place on the Owner's premises, easily readable by the public, using the words "Vicious Dog." The posting of a sign does not relieve an owner from liability for a citation under Section 10.11(B) or from civil liability.