§ 90.38 EXCEPTIONS.

   No animal or reptile shall be declared a dangerous or potentially dangerous animal or reptile if:

   (A)   The animal or reptile was used by a law enforcement official for legitimate law enforcement purposes;

   (B)   The threat, injury or damage was sustained by a person:

      (1)   Who was committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the animal or reptile;

      (2)   Who was provoking, tormenting, abusing or assaulting the animal or reptile or who can be shown to have repeatedly, in the past, provoked, tormented, abused or assaulted the animal or reptile; or

      (3)   Who was committing or attempting to commit a crime.

   (C)   The animal or reptile was:

      (1)   Responding to pain or injury, or was protecting itself, its offspring; or

      (2)   Protecting or defending a human being within the immediate vicinity of the animal or reptile from an attack or assault.

(Amended 8-19-2008)