§ 6.08.080. Exceptions to determination that dog is potentially dangerous or vicious.

No dog may be declared potentially dangerous or vicious or a threat to public health, safety and welfare solely because any of the following conditions result:

A.

Injury or damage is sustained by any person who at the time of the injury or damage was physically abusing, tormenting, teasing, or assaulting the dog;

B.

Injury or damage is sustained by a person while committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the dog, or while committing or attempting to commit a crime;

C.

Injury or damage is sustained by a person acting in concert with a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime;

D.

An injury or damage is sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or attacking the dog;

E.

An injury is sustained by a person who has gained uninvited and unauthorized entry onto fenced or indoor property of the dog's owner or keeper, except that as used in this section, "unauthorized entry" shall not include entry into a fenced residential front yard unless such yard is either locked or posted to prohibit entry;

F.

The dog acts to protect or defend a person within the immediate vicinity of the dog from an unjustified attack or assault.

(Prior code § 3-9.43)