Article 6. Animal Bites

2-601.        Dog bite violations.

(a)   No person who owns, possesses, harbors or exercises control over any dog shall do the following:

(1)   Permit the dog to attack or bite any person or domestic animal not on the premises of such owner, possessor or keeper;

(2)   Permit the dog to attack or bite any person or domestic animal upon the premises of the residence of such owner, possessor or keeper or upon the premises of any business establishment not then open to the public. It is an affirmative defense to this subsection if such premises were previously posted at each entrance with a prominent and conspicuous sign warning all persons of the dog, and the dog is confined in a proper enclosure. It is also an affirmative defense to this section that the attack or bite by the dog was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property;

(3)   Permit the dog to attack or bite any person or domestic animal upon the premises of any business establishment that is open to the public. It is an affirmative defense to this section that the attack or bite by the dog was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property.

(b)   For purposes of this section, the term “permit” means allow or let happen. Knowledge or intention on the part of the person who owns, possesses, harbors or exercises control over the dog shall not be elements of this offense.

(c)   The term “proper enclosure,” for purposes of this section, means the dog is securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.

(d)   The provisions of this section shall not apply to any law enforcement officer who uses a dog while engaged in law enforcement activities, nor to any owner, possessor or keeper of any dog which attacks or bites a person engaged in physically attacking or striking such owner, possessor or keeper.

2-602.        Procedures on retention, observation and disposition of animals which have bitten persons or other animals.

The owner of any animal which has been determined by the animal control officer to have bitten a person or another animal shall confine the animal as directed by the animal control officer or surrender such animal to the animal control officer for rabies observation. The owner shall be responsible for the payment of any cost of such confinement.

2-603.        Known rabid animals.

In a case of rabies exposure to domestic animals, such as, but not limited to, dogs or cats, when such animal is known to be rabid or has been bitten by a rabid skunk or other rabid animal, the animal control officer may order such animal to be destroyed or confined for a period of ten days in a veterinary hospital or an animal care facility specified by the animal control officer.

2-604.        Failure to confine biting or rabid animals.

It is unlawful for any person to fail to confine, fail to keep confined, or permit to run at large, any animal which has been ordered confined by the health officer for rabies observation.