§ 5-134. Mitigating circumstances.

(a)

No animal may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal.

(b)

No animal may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the animal was working as a hunting animal, herding animal or predator control animal on property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal.

(Ord. No. 5664 § 1(e), 2006.)