§ 6.12.010. Definitions.

A.

Except as provided in subsection E of this section, a "potentially dangerous dog" is any dog that:

1.

Without provocation, chases or approaches a person in a threatening manner or in a an apparent attitude of attack; or

2.

Has a known propensity, tendency, or disposition to attack without provocation, or otherwise threaten the safety of human beings or domestic animals.

B.

Except as provide in subsection C of this section, a "dangerous dog" is any dog that:

1.

Has bitten or otherwise inflicted physical injury on a human being without provocation on public or private property; or

2.

Has, while off the premises of its keeper, killed a domestic animal without provocation; or

3.

Has been previously classified as potentially dangerous and is found in violation of the provisions of this chapter, or whose keeper has, in relation to that dog, violated any of the provisions of this chapter.

C.

"Provocation" means the teasing, tormenting, abusing, or assault of a dog to incite the dog to bite or attack.

D.

"Physical injury" means physical pain or an impairment of physical condition.

E.

Exceptions to potentially dangerous and dangerous dog classifications are as follows:

1.

No dog may be classified potentially dangerous or dangerous if:

a.

Acting against a trespasser who had illegally entered premises occupied by the keeper of the dog; or

b.

The dog was being tormented, abused, or assaulted.

2.

No dog may be classified potentially dangerous or dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack by a person or other animal, or if the dog was acting to defend itself from attack by another animal.

3.

No dog may be classified potentially dangerous or dangerous if the injury or damage to an animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its keeper and the damage or injury was to a species or type of animal appropriate to the work of the dog.

4.

No dog may be classified potentially dangerous or dangerous if the dog has been trained to attack persons independently or upon oral command will under the control and supervision of an authorized government or law enforcement unit and the act is directly associated with the proper execution of its duties.

(Ord. 92-07-03 § 6 (part))