10.40.010 Definitions.
   The following words and phrases shall, for the purposes of this Chapter, be defined as follows:
   (a)   “Defensive Action” means any action taken in order to prevent perceived bodily injury whether such action is minor or actual, and may include striking the animal.
   (b)   “Potentially Dangerous Animal or Behavior” means any of the following:
      (1)   Any animal which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury;
      (2)   Any animal which, when unprovoked, bites a person causing an injury, whether or not a severe injury; or
      (3)   Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury by attacking a domestic animal off the property of the owner of the dog.
   (c)   “Vicious Animal” means any of the following:
      (1)   Any animal seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner under subdivision (a) of Section 597.5 of the Penal Code;
      (2)   Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or
      (3)   Any animal previously determined to be and currently listed as a potentially dangerous animal that, after its owner has been notified of this determination, continues the potentially dangerous behavior or maintains the animal in violation of the restrictions of this Chapter.
   (d)   “Severe Injury” means any physical injury to a human being that results in muscle tears, disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
   (e)   “Mitigations” include, but are not limited to, the question of whether any threat, injury or damage is sustained by a person who:
      (1)   Was willfully trespassing upon the premises occupied by the owner or custodian of the animal at the time of the attack;
      (2)   Was teasing, provoking, tormenting, abusing, or assaulting the animal at the time of the attack;
      (3)   Has in the past, teased, tormented, abused or assaulted the animal;
      (4)   Was engaged in the commission of a crime at the time of the attack; or
      (5)   Was defending an attack from a person or animal at the time of the attack.
(32-12/92 § 10.12.010) (Am. Ord. 181, passed 5-1-2019)