§ 6.77. Defense to determination of dangerous dog.

It is a defense to the determination a dog is dangerous and to the prosecution of the owner of the dog:

(a)

If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog;

(b)

If the person was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog;

(c)

If the person was committing or attempting to commit a crime;

(d)

If the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;

(e)

If the dog was injured and responding to pain; or

(f)

If the dog was protecting its offspring, itself or its kennelmates.

(Ord. No. 2018-20, § 1, 8-13-2018)