§ 7.16.010. Vicious animals at large—Misdemeanor.

(A)

Except as otherwise provided in Subsection (B) of this Section:

(1)

An animal may be declared dangerous by the Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and, on two separate occasions within eighteen months:

(a)

It behaves menacingly to a degree that would lead a reasonable person to defend himself against substantial bodily harm; or

(b)

It bites a person, but without causing substantial bodily harm.

(2)

An animal may be declared dangerous by the Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and, without regard to any previous behavior:

(a)

It is used in the commission of a crime by its owner or keeper;

(b)

While either at large or restrained, it causes serious injury or death to another animal that is not at large or is not otherwise in violation of this Title; or

(c)

It exhibits a condition or behavior which causes the Animal Regulation Officer to believe the animal is a threat to public safety.

(3)

An animal may be declared vicious by the Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and:

(a)

It has killed or inflicted substantial harm upon a human being or other animal; or

(b)

After having previously been declared dangerous, with notice of the declaration having been provided to the owner or keeper, it continues to exhibit the same type of behavior which resulted in the declaration, or is in violation of the provisions of Section 7.16.030.

(B)

(1)

An animal may not be declared dangerous pursuant to this Section for constituting a physical threat:

(a)

To another animal which, or person who, provoked the animal as a result of and to the extent of the provocation;

(b)

To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat;

(c)

To another animal which was running at large or otherwise in violation of this Title; or

(d)

In connection with its use by law enforcement officers in the performance of their duties.

(2)

An animal may not be declared vicious pursuant to this Section for constituting a physical threat:

(a)

To another animal which, or person who, provoked the animal, as a result of and to the extent of the provocation;

(b)

To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat; or

(c)

In connection with its use by law enforcement officers in the performance of their duties.

(Ord. 5220 § 23, 2000: Ord. 3618 § 83, 1991)