It is a defense to the determination that a dog is a nonregisterable dangerous dog, dangerous dog, or should be destroyed, and it is a defense to the prosecution of the owner of that dog:
(A) If the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal and was older than eight years of age at the time of the attack;
(B) If the person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been reported to have teased, tormented, abused or assaulted the animal and is older than eight years of age at the time of the attack;
(C) If the person was committing or attempting to commit a crime;
(D) If the dog was protecting or defending a person while in that person’s control from an unjustified attack or assault; or
(E) If the dog was injured and responding to pain.
(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)