(A) Attacking dogs.
(1) It is unlawful for the owner or person having charge, care, custody, or control of any dog to allow such dog to attack, chase, or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl.
(2) WORRY, as used in this section, means to harass by tearing, biting, or shaking with the teeth.
(B) Owner liability. The owner in violation of division (A) above shall be strictly liable for violation of this section. In addition to being subject to prosecution under division (A) above, the owner of such dog shall also be liable in damages to any person injured, or to the owner of any animal(s) injured or destroyed thereby.
(C) Defenses. The following shall be considered in mitigating the penalties or damages, or in dismissing the charge:
(1) That the dog was properly confined on the premises; and/or
(2) That the dog was deliberately or maliciously provoked.
(D) Dogs may be killed. Any law enforcement officer may kill a dog while it is committing any of the acts specified in division (A) above or while the dog is being pursued thereafter.
(Ord. D-1-1994, passed - -1994)