§ 90.018 NEGLIGENCE PER SE.

   (A)   This section is included in this chapter in order to impose a public duty upon persons having possession of animals to prevent those animals from attacking another person due to a possible violation of the following sections:

 

Code Section	Description
90.033	Aggression-trained dogs
90.040	Restraint of animals
90.042	Exotic or wild animals
90.074	Protective measures for containment of animals (failing to comply with instructions to impose preventive measures)

 

   (B)   Those persons having possession of animals have imposed upon them a public duty designed to promote the safety of other persons, and a violation of any of those sections listed in division (A) of this section is negligence per se and could give rise to the recovery of damages for personal injuries in a civil action by an injured person against the person owning or having possession, charge, custody or control of the animal causing the injuries.

(1995 Code, § 10-30) (Ord. 2005-02, passed - -2005)