§ 604.02  Exemptions
   (a)   The provisions of this chapter shall not include a police dog.
   (b)   Notwithstanding the definition of a level-one (1) threat dog or a level-two (2) threat dog in Section 604.01, no dog may be declared a threat to public safety if:
      (1)   An injury or damage is sustained by a person who: at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime;
      (2)   An injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog or was trespassing upon premises occupied by the owner or keeper of the dog; or
      (3)   The dog was protecting or defending a human being or domestic animal within the immediate vicinity of the dog from an unjustified attack or assault.
   (c)   The owner, keeper or harborer of any level- one (1) or level-two (2) threat dog is not liable in damages for any injury, death or loss to person or property caused by such dog, if such injury, death or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog or the owner, keeper or harborer’s property.
(Ord. No. 712-11. Passed 6-6-11, eff. 6-13-11)