6.05.080 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 animal owner 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 animal owner or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime;
D. 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. Injury or damage is sustained by a person who has gained uninvited and unauthorized entry onto fenced or indoor property of the animal owner, 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. (Ord. 3941 § 1, 1999)