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(A) It shall be unlawful for an owner of a dog or cat to fail to restrain the dog or cat from inflicting or attempting to inflict bodily injury to any person or other animal, whether or not the animal is in the presence of the owner. The term BODILY INJURY includes any dog or cat bite that breaks the skin of the person or other animal bitten.
(B) Violation of this section shall be a petty misdemeanor, except that a violation shall be a misdemeanor if:
(1) The same animal had previously bitten any person or other animal; or
(2) The animal was known by its owner as having a propensity, tendency or disposition to attack persons or other animals unprovoked, or otherwise threatening the safety of any persons or domestic animals, or when unprovoked, the animal chases or approaches any person in an apparent attitude of attack. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement officer, or to an attack upon an uninvited intruder who has entered the owner’s home with criminal intent.
(C) It shall be an affirmative defense to a violation under this section if the owner proves that the owner had no previous knowledge or reason to know of a previous bite or previous aggressive behavior by the animal, or that the animal was provoked to an extent that the bite was justified.
(Ord. 192, passed 2-8-2011) Penalty, see § 90.99