8-5-1. Dogs attacking persons and animals.

(1) Attacking Dogs. It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to attack, chase, or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry" as used in this section shall mean to harass by tearing, biting or shaking with the teeth.

(2) Owner Liability. The owner in violation of subsection (1) above shall be strictly liable for violations of the section. In addition to being subject to prosecution under subsection (1) above, the owner of such dog shall also be liable for damages to any person injured or to the owner of any animal(s) injured or destroyed thereby.

(3) Defenses. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:

(a) that the dog was properly confined on the premises; or

(b) that the dog was deliberately or maliciously provoked.

(4) Dogs may be Killed. Any person may kill a dog while it is committing any of the acts specified in subsection (1) above or while such dog is being pursued thereafter. (Ord. 95-19, 9/12/95; Ord. 92-5, 9/1/ 1992)