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7-8 VICIOUS ANIMALS.
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a. VICIOUS ANIMAL shall mean an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behaviors:

1. An attack, without provocation which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully;

2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal;

3. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully;

4. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such a person is conducting himself peaceably and lawfully.

For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by laws of the State or any City or County, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, expressed or implied.

b. VICIOUS ANIMAL shall also mean an animal which has been found to be a vicious animal pursuant to subsection 7-8-4.

c. If any provision of this section is in contradiction to any term or provisions of this Chapter VII, the terms of this section shall prevail in regard to any vicious animal. (Ord. #03-87, S1)