(A) No animal may be declared dangerous if the threat, injury or damage was sustained by a person who at the time:
(1) Was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or
(2) Was tormenting, abusing or assaulting the animal or has in the past been observed or reported to have tormented, abused or assaulted the animal and the animal was not at large at the time of the offense; or
(3) Was committing or attempting to commit a crime.
(4) If the dog was protecting or defending a person while in that person’s control from an unjustified attack or assault; or
(5) If the dog was injured and responding to pain.
(B) The provisions of this chapter shall not apply to animals under the control of a governmental law enforcement, correctional, or military agency.
(C) The provisions of this chapter shall not apply to a dog whose conduct has brought it within the coverage of the Tex. Health and Safety Code, Ch. 822, as amended from time to time, to the extent that said Chapter preempts local regulation of the dog’s conduct.
(Ord. 2008-012, passed 11-18-2008; Ord. 2009-005, passed 2-17-2009; Ord. 2010-004, passed 4-21-2010; Ord. 2012-005, passed 6-19-2012)