(A) A
VICIOUS DOG shall be defined as provided in § 94.02. However, notwithstanding the definition of a vicious dog therein, no dog may be declared vicious if any injury or damage is sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
(B) No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
(Prior Code, § 6-18) (Ord. 91-8, passed 10-7-1991)