8.05.081 Potentially dangerous and dangerous dogs.
A. Definitions. Except as provided in subsection C of this section, a “potentially dangerous dog” is any dog that:
1. Without provocation, chases or approaches a person in a threatening manner or in an apparent attitude of attack; or
2. Has a known propensity, tendency or disposition to attack without provocation, or otherwise threaten the safety of human beings or domestic animals.
B. Except as provided in subsection C of this section, a “dangerous dog” is any dog that:
1. Has bitten or otherwise inflicted physical injury on a human being without provocation, on public or private property;
2. Has, while off the premises of its keeper, killed a domestic animal without provocation; or
3. Has been previously classified as potentially dangerous and is found in violation of the provisions of this chapter.
C. Exceptions to Potentially Dangerous and Dangerous Dog.
1. No dog may be classified as potentially dangerous or dangerous if:
a. It was acting against a trespasser who had illegally entered premises occupied by the keeper or custodian of the dog;
b. The dog was being tormented, abused, assaulted or otherwise provoked;
c. The dog was protecting property;
d. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack by a person or other animal, or if the dog was acting to defend itself from attack by another animal or person.
2. No dog may be classified potentially dangerous or dangerous if the injury or damage to an animal was sustained while the dog was working as a police dog, hunting dog, service animal, herding dog, or predator control dog on the property of or under the control of its keeper and the damage or injury was to a species or type of animal appropriate to the work of the dog. (Ord. 02-1656 § 4(A), 2002; S.G.C. § 8.04.081.)