(a) No person who owns or keeps a dog shall allow the dog to engage in fierce or dangerous conduct.
(b) A dog engages in fierce or dangerous conduct when:
(1) It threatens to attack or terrorizes a person on public or private property or in a public place, or has behaved in such a manner that the person who keeps the dog knows, or should reasonably know, that the dog possesses tendencies to attack or bite persons and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) It attacks and causes serious bodily injury or death to another domestic animal or livestock on public or private property. It is a defense if the dog attacking another domestic animal or livestock was kept in an enclosure that was reasonably certain to prevent the dog from leaving the enclosure; or restrained in a manner that was reasonably certain to prevent the dog from leaving the restraint on its own.
This section shall not apply to dogs that are in the service of law enforcement agencies or guard dogs restrained as provided herein, or as excepted pursuant to the Health and Safety Code 822.003(f), as amended.
(Ord. No. 3141, § 3, 8-8-02, Ord. No. 3728, 11-11-10)