(a) The following factors shall be considered in determining whether an attack has been provoked for the purposes of this article:
(1) Whether the person or animal which was attacked acted in a manner which would reasonably be expected to excite the attacking animal;
(2) In the case of a person being attacked, whether the exciting conduct, if any, was intentionally and knowingly engaged in;
(3) The nature and extent of the attack as compared to the nature and extent of the exciting conduct, if any; and
(4) Whether the attack occurred in an enclosed space and, if so, whether the enclosure was prominently and clearly posted in a manner which would notify a reasonable person of the dangers of entering the enclosure.
The list set forth in this subsection is intended to be illustrative and is not exhaustive. Furthermore, conduct which may be provocation for a minor attack is not necessarily provocation for an attack of a more serious nature.
(b) The following factors shall be considered in determining the appropriate disposition of a vicious animal under this article:
(1) The factors specified in subsection (a)of this section;
(2) The location of the attack;
(3) Efforts by the owner to control the attacking animal; and
(4) Prior incidents of a similar nature involving the attacking animal and/or its owner.
The list set forth in this subsection is intended to be illustrative and is not exhaustive. (§ 2, Ord. 950, eff. June 2, 1983)