§ 27-16. [Definitions].

The following words and phrases shall for purposes of this article have the following meanings:

(a)

Owner . Every person, firm, partnership or corporation, owning, keeping or harboring a dog within the geographical boundaries of Hot Springs Village. Ownership is also established by a person whose name appears on the identification tag affixed to the collar or harness of the dog.

(b)

Dogs . When used herein shall include animals of all ages, both female and male, which are members of the canine or dog family.

(c)

Competent (responsible) person . A human being that is capable of controlling and governing the dog in question.

(d)

Injured or neglected . Any dog running at large in Hot Springs Village, Garland County, not properly tagged, that are ill, wounded, that have no obvious owner and that requires a quick response to rabies vaccination when a dog bite occurs.

(e)

Animal control officer . Any person employed or appointed by the county who is authorized to investigate and/or enforce violations relating to animal control.

(f)

Vicious dog . Any dog which the county district court determines to be vicious in accordance with the following guidelines:

(1)

Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any common property, or public grounds or places; or

(2)

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

(3)

Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public, common, or private property; or

(4)

Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;

(5)

Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

(6)

No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained while teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(g)

High risk breed .

(1)

Certain types of dogs have physical characteristics that present a significant risk to the public. These dogs are generally referred to as "gripper breeds" because they bite onto a victim and shake causing massive disfiguring or even fatal injuries. These breeds include all "pit bull" types referred to as the American pit bull terrier, Staffordshire terrier, American Staffordshire terrier, and any dog of mixed breeding that has the primary characteristics of an American pit bull terrier. Though rarely seen, Dogo Argentines, Persa Canarios, and Can Carsos, (any dog of mixed breeding that has the primary characteristics of these breeds) are also commonly considered to be among the "gripper breeds."

(2)

Any other breed that is so declared by ordinance.

(h)

Nuisance . Any animal shall be considered a nuisance if it damages private property other than the owner's or molests or interferes with persons in the public right-of-way.

(i)

Stray . Any dog that is at large and that is not properly tagged.

(1)

At large . Any dog shall be deemed to be at large where it is off the premises of its owner's real property and not properly restrained by a competent person, regardless of whether the owner had actual notice or knowledge that the dog had left the owner's premises or real property.

(2)

Tag . A current rabies tag issued by a licensed veterinarian must be attached to the collar or harness of the dog. It is also recommended that a piece of durable metal, inscribed with the name, street address and telephone number of the owner is attached to the collar or harness of the dog.

(j)

Leash . A physical device or an approved electronic device capable of controlling and restraining a dog from physically advancing on another person or domestic animal.

(k)

At-large . Any pet shall be deemed to be at large when he is off the property of his owner, and not under control of a competent person.

(Ord. No. O-14-16, § 1, 3-10-2014)