(A)   A police officer, community service officer, or animal control officer may declare a dog to be dangerous, or potentially dangerous, when the officer has probable cause to believe that a dog is dangerous, or potentially dangerous. The following factors will be considered in determining a dangerous, or potentially dangerous, dog:
      (1)   Whether any injury, or damage, to a person by the dog was caused while the dog was protecting, or defending, a person, or the dog’s offspring, within the immediate vicinity of the dog from an unjustified attack, or assault;
      (2)   The size, and strength, of the dog, including jaw strength, and the animal’s propensity to bite humans, or other domestic animals. This factor may only be considered along with the additional listed factors in determining a dangerous, or potentially dangerous, dog, and may not be used by itself in making the determination. This information may be available from veterinarians or publications; and
      (3)   Whether the dog has wounds, scarring, is observed in a fight, or has other indications that the dog has been, or will be, used, trained, or encouraged to fight with another animal, or whose owner is in possession of any training apparatus, paraphernalia, or drugs used to prepare the dog to fight with other animals.
   (B)   Beginning six months after a dog is declared dangerous, or potentially dangerous, an owner may request annually that the city review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training, or other factors. If enough evidence is provided, the city may rescind the designation.
   (C)   The provisions of this subchapter do not apply to dogs used by law enforcement.
   (D)   Dogs may not be declared dangerous, or potentially dangerous, if the threat, injury, or danger was sustained by a person who was:
      (1)   Committing a willful trespass, or other tort, upon the premises occupied by the owner of the dog;
      (2)   Provoking, tormenting, abusing, or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing, or assaulting the dog; or
      (3)   Committing, or attempting to commit, a crime.
(Ord. 19, third series, passed 6-21-2011)