§ 90.30 EXCEPTIONS.

   No dog shall be declared a vicious or potentially vicious dog if:

   (A)   The dog was used by a law enforcement official for legitimate law enforcement purposes;

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

      (1)   Committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the dog, or

      (2)   Provoking, tormenting, abusing, assaulting, or torturing the dog or who has repeatedly, in the past, provoked, tormented, abused, assaulted, or tortured the dog, or

   (C)   The dog was:

      (1)   Protecting itself or its offspring, or

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

(Ord. 2006-12, passed 7-10-06)