§ 90.02  LIABILITY; DEFENSES; DESTRUCTION OF ANIMAL.
   (A)   If any dangerous animal shall, when unprovoked, kill or wound, or assist in killing or wounding, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or shall, when unprovoked, attack, assault, bite, or otherwise injure any human being or assist in attacking, assaulting, biting, or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of the dangerous animal, or while otherwise on or off the property of the owner or keeper, whether or not the dangerous animal was on a leash and securely muzzled or whether the dangerous animal escaped without fault of the owner or keeper, the owner or keeper of the animal shall be liable to the person aggrieved as aforesaid, for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping, or harboring of a dangerous animal in violation of this subchapter is a nuisance. It shall not be necessary, in order to sustain any action, to prove that the owner or keeper of the dangerous animal knew that the dangerous animal possessed the propensity to cause the damage or that the dangerous animal was dangerous. Upon the attack or assault, the animal officer in the township or county where the attack or assault occurred, subject to the procedures contained in § 90.04, is hereby empowered to confiscate and destroy the dangerous animal if the conduct of the dangerous animal or its owner or keeper constituted a violation of the provisions of this subchapter punishable by the confiscation and destruction of the animal.
   (B)   No cause of action shall lie against the owner of an animal inflicting injury or damage upon an animal or person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was provoking, teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime. If a minor is under the age of seven years of age at the time the damage or injury was sustained, there shall be a rebuttable presumption that the minor was not committing a trespass or other tort, or provoking, teasing, tormenting, or abusing the animal. The animal's owner has the burden of proof and must rebut the presumption by a preponderance of the evidence.
   (C)   No animal may be declared dangerous if an injury or damage was sustained by a domestic animal which, at the time the injury or damage was sustained, was provoking, teasing, tormenting, abusing, or assaulting the allegedly dangerous animal. No animal may be declared dangerous if the animal was protecting or defending a human being within the immediate vicinity of the animal from an attack or assault. The burden of proof shall be by a preponderance of the evidence and shall be upon the owner or keeper of the animal.
(Ord. 95-1, passed 9-11-1995)