§ 90.126 WHEN ANIMAL MAY NOT BE DECLARED DANGEROUS.

   An animal may not be declared dangerous if:

   (A)   The animal was protecting or defending a person within the imminent vicinity of the animal from an attack or assault;

   (B)   The time the recipient of the attack was committing a crime or offense upon the property of the owner/custodian of the animal;

   (C)   The recipient of the attack was teasing, tormenting, abusing or assaulting the animal, or in the past had teased, tormented, abused or assaulted the animal;

   (D)   The animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner/custodian;

   (E)   The animal was responding to pain or injury, or protecting itself, its kennels or its offspring;

   (F)   The person or domestic animal was disturbing the animal’s natural functions such as sleeping or eating; or

   (G)   Neither growling nor barking, nor both, shall alone constitute grounds upon which to find an animal to be dangerous.

(Ord. O-C11-7, passed 12-28-2011)