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M.V. ORDINANCE N0. 88- 1 <br />Page -2- <br />(2) "Menancing fashion" means a dog would cause any person <br />being chased or approached to reasonably believe that the <br />dog will cause physical injury to that person. <br />(3) '°Police dog" means a dog that has been trained, and may be <br />used, to assist one or more law enforcement officers in the <br />performance of their official duties. <br />(4> '°Vicious dog" is defined as follows: <br />A. °°Vicious dog'° means a dog that, without provocation, and <br />subject to paragraph (a)(4)B. hereof, meets any of the <br />following requirements: <br />1. Has killed or caused serious injury to any person; <br />2. Has caused injury, other than killing or serious <br />injury, to any person, or has killed another dog; or <br />3. Belongs to a breed that is commonly known as a pit <br />bull dog. The ownership, keeping or harboring of <br />such a breed of dog shall be prima-facie evidence <br />of the ownership, keeping or harboring of a vicious <br />dog. <br />B. "Vicious dog" does not include either of the following: <br />1. A police dog that has killed or caused serious injury <br />to any person or that has caused injury, other than <br />killing or serious injury, to any person while the <br />police dog is being used to assist one or more law <br />enforcement officers in the performance of their <br />official duties; or <br />2. A dog that has killed or caused serious injury to any <br />person while a person was committing or attempting to <br />commit a trespass or other criminal offense on the <br />property of the owner, keeper or harborer of the dog. <br />(5) "Without provocation11 means that a dog was not teased, tor- <br />mented or abused by a person, or that the dog was not coming <br />to the aid or the defense of a person who was not engaged in <br />illegal or criminal activity and who was not using the dog <br />as a means of carrying out such activity. <br />(b) No owner, keeper or harborer of a dangerous or vicious dog shall <br />fail to do either of the following, except when the dog is law- <br />fully engaged in hunting or training for the purpose of hunting, <br />accompanied by the owner, keeper, harborer or a handler: <br />(1) While that dog is on the premises of the owner, keeper or <br />harborer, securely confine it at all times in a locked pen <br />_, which has a top, locked fenced yard or other locked <br />enclosure which has a top, except that a dangerous dog <br />may, in the alternative, be tied with a leash or tether <br />so that the dog is adequately restrained; <br />