A. Attacking Dogs: It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to attack, chase or worry any person, or domestic animal, or any species of hooved, protected wildlife, or to attack domestic fowl. "Worry", as used in this section, shall mean 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 dog shall also be liable in damages to any person injured or to the owner of any animal 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 dog was properly confined on the premises;
2. That the dog was deliberately or maliciously provoked.
D. Dogs May Be Killed: Any public safety officer may kill a dog while it is committing any of the acts specified in subsection A of this section, or while such dog is being pursued thereafter. (1989 Code § 13-248)
E. Court Order For Disposition: Upon the trial of any offense under this section, the court may, upon conviction and in addition to the usual judgment of conviction, order the impound master or other authorized person of the city to put the dog to death or may order such other disposition of the dog as will protect the inhabitants and animals of the city. (Ord. 92-14, 4-22-1992)