A. Attacking Animals: It is unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal to attack, chase or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry", as used in this section, means to harass by tearing, biting or shaking with the teeth.
B. Owner Liability: The owner in violation of subsection A of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A of this section, the owner of such animal shall also be liable in damages to any person injured or to the owner of any animal(s) injured or destroyed thereby.
C. Defenses: The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
1. That the animal was properly confined on the premises;
2. That the animal was deliberately or maliciously provoked.
D. Animals May Be Killed: Any person may kill an animal while it is committing any of the acts specified in subsection A of this section, or while such dog is being pursued thereafter. (Ord. 1-06 § 19, 2006: prior code § 100-1-14)