1. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraining of a responsible person of at least 18 years of age. The muzzle shall be in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
2. Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing an unlawful presence upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or has, in the past been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime under any federal, state or local law. For the purpose of this article, a person is considered to be
LAWFULLY PRESENT UPON THE PROPERTY OF A DOG OWNER when he or she is on such property in the performance of any duty imposed upon him or her by the laws of the state, or by the laws of the United States, or the postal regulations of the United States, or when reading meters, or making repairs to any public utility or service located on the premises, or when working on said property at the request of the owner or any tenant having a lease upon any portion of said property, or when on such property upon the invitation, expressed or implied, of the owner or lessee of such property.
3. No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable or otherwise mistreat or kill a service dog that used for the benefit of any handicapped person in the state.
4. No person shall willfully interfere with the lawful performance of any service dog used for the benefit of any handicapped person in the state.
5. Any person who encourages, permits or allows a dog owned or kept by such person to fight, injure, disable or kill a service dog used for the benefit of an handicapped person in this state, or to interfere with a service in any place where the service dog resides or is performing, shall upon conviction, be guilty of a misdemeanor. For the purpose of this subsection 5., when a person informs the owner of a dog that the dog is a threat and requests the owner to control or contain the dog and owner disregards the request, the owner shall be deemed to have encouraged, permitted or allowed any resulting injury to or interference with a service dog.