A dog will not be deemed to be a dangerous or vicious dog based upon an act of aggression in any of the following circumstances:
A. An injury caused to a human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. (Ord. 630-10, 1-11-2011)
B. An injury caused to a domestic animal or human being, which, at the time the injury was sustained, the animal or human being was tormenting, abusing or assaulting the dog. (Ord. 630-10, 1-11-2011; amd. 2014 Code)
C. An injury caused to a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner, and the injury was to a species or type of domestic animal appropriate to the work of the dog.
D. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.
E. The actions of the dog under consideration occurred under official duties as a military, correctional, or law enforcement dog.
F. In the discretion of the chief of police, or his designee, or animal control officer, the dog acted in reaction to pain or injury; or was protecting itself, its kennel or its offspring. (Ord. 630-10, 1-11-2011)