A. Attacking, Chasing Or Worrying: It is unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal to attack, chase or worry any human, domesticated animal, any species of hoofed wildlife protected by any law or ordinance, or any pet or companion animal. "Worry", as used in this section, means to harass or intimidate by barking or baring of teeth, growling, biting, shaking or tearing with the teeth; or approaching any person in an apparent attitude of attack or any aggressive behavior which would cause a reasonable person to feel they were in danger of immediate physical attack.
B. Penalty Additional: Any penalty imposed as a result of prosecution of a person under subsection A of this section shall be in addition to any penalties or liabilities imposed upon such person by any other law or ordinance.
C. Owner Liability: The owner in violation of subsection A of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A of this section, 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.
D. Mitigating Circumstances: The following shall be considered in mitigating the penalties or damages, or in dismissing a charge brought under subsection A of this section:
1. That the animal was properly confined on the premises; or
2. That the animal was deliberately or maliciously provoked.
E. Authorized Action For Protection: Any person may kill (or take other protective action against) an animal while it is committing any of the acts specified in subsection A of this section, while such animal is being pursued after committing any of such acts, or to protect him/herself, or members of the public, from any threat of death or personal injury then being posed by the animal. (Ord. 2012-16, 6-21-2012)