(A) No person who owns, possesses, keeps or exercises control over any animal shall do the following:
(1) Permit the animal to attack or bite any person or other domestic animal not on the premises of such owner, possessor or keeper;
(2) Permit the animal to attack or bite any person or other domestic animal upon the premises of the residence of such owner, possessor or keeper, or upon the premises of any building establishment not then open to the public. It is an affirmative defense to this section if such premises is previously posted at each entrance with a prominent and conspicuous sign warning all persons, in lettering not less than two inches in height, of the animal and if the animal is confined, as that term is defined in § 92.029 of this code. It is also an affirmative defense to this section that the attack or bite by the animal was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property; or
(3) Permit the animal to attack or bite any person or other domestic animal upon the premises of any business establishment that is open to the public. It is an affirmative defense to this section that the attack or bite by a dog was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property.
(B) The provisions of this section shall not apply to any law enforcement officer who uses a dog while engaged in law enforcement activities, nor to any owner, possessor or keeper of any dog which attacks or bites a person engaged in physically attacking or striking such owner, possessor or keeper.
(Prior Code, § 5-5-4) (Ord. 11-13, passed 10-18-2011) Penalty, see § 92.999