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A. For the purpose of this section, an animal shall be deemed dangerous if it clearly demonstrates by its behavior a propensity to attack or bite a person or animal without provocation. The dangerous character of a dog does not depend upon the dog having actually bitten any person or animal, but may be determined by observation of its behavior. Further, a dog which has bitten any person or animal is not necessarily deemed to be dangerous, dependent upon the circumstances, such as the intrusion of persons into a confined space on private property, the teasing of the dog, or the cruel treatment of the dog. A dog shall not be deemed to be vicious who acts in protection or in defense of persons or of private property, if properly confined within an enclosure on the premises of the owner or custodian of the animal, which enclosure is violated by any person or animal. Dogs which are specifically maintained for guard dogs or protective purposes must be licensed with the City, showing such special guard or protective use. The owner or custodian of such an animal must stipulate that the premises wherein the animal is maintained are designed and constructed in such a manner as to protect all persons in the surrounding area and persons who may come upon the premises for ordinary and legitimate purposes as well as children who may, for any reason, be attracted to the premises. In the event that such dog does bite any person or animal, the quarantine provisions of CVMC 6.28.060 shall be applicable.

B. It shall be unlawful for the owner, custodian or person having control of a guard dog, dangerous dog, or potentially dangerous animal to fail to exercise ordinary care over the animal that results in the animal causing injury to a person engaged in lawful activity.

C. This section shall not apply to an animal that is being used by the military or law enforcement while the animal is performing in that capacity. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.080).