Definitions.

The following words shall have the following meanings:

(1) ANIMAL CONTROL OFFICER. Any person employed by Mobile County who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with the county to perform animal control functions or to enforce this subpart.

(2) ATTACK. Aggressive physical contact initiated by a dog.

(3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced.

(4) COUNTY. Mobile County.

(5) DANGEROUS DOG. A dog, regardless of its breed, that has bitten, or caused physical injury to a human being without provocation, or has repeatedly bitten or caused physical injury to humans except a dog used by law enforcement officials for legitimate law enforcement purposes, a certified guide dog for the blind, a hearing dog for the deaf, or a service dog for the disabled.

(6) DOG. All members of the canine family including dog hybrids.

(7) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the county where the dangerous dog is found.

(8) NUISANCE DOG. A dog, regardless of its breed, that has caused damage to or disturbed the real or personal property of a human being without provocation, except a dog used by law enforcement officials for legitimate law enforcement purposes, a certified guide dog for the blind, a hearing dog for the deaf, or a service dog for the disabled.

(9) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her.

(10) PHYSICAL INJURY. An injury as defined in subdivision (12) of Section 13A-1-2.

(11) PROPER ENCLOSURE OF A DANGEROUS OR NUISANCE DOG. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that:

a. Is capable of being locked with a key or combination lock when the dog is within the structure.

b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out.

c. Provides adequate ventilation and protection from the elements.

d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: "Dangerous Dog-No Trespassing" or "Nuisance Dog-No Trespassing."

e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog.

(12) SERIOUS PHYSICAL INJURY. An injury as defined in subdivision (14) of Section 13A-1-2.

(Act 2012-235, p. 437, § 2.)