§ 5-82. Aggressive dogs; levels defined.

Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following:

(1)

Level 1 behavior is established if:

a.

A dog while in the enclosure in which the animal was being kept acts to cause a person to reasonably believe that the animal will engage in an unprovoked attack and cause bodily injury to that person; or

b.

An unrestrained dog is found to menace, chase, display threatening or unprovoked aggressive behavior or otherwise threaten or endanger the safety of a domestic animal.

(2)

Level 2 behavior is established if a dog, while unrestrained, causes physical injury to any domestic animal or livestock.

(3)

Level 3 behavior is established if:

a.

A dog, while unrestrained, kills or causes the death of any domestic animal or livestock, or

b.

A dog classified as a level 2 aggressive dog that repeats the behavior in subsection (2) after the owner or keeper receives notice of the level 2 classification.

(4)

Notwithstanding subsections (1), (2), and (3), the director shall have discretionary authority to refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors specified in subsections (1), (2), and (3), if the director determines that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a trespasser or other similar mitigating or extenuating circumstances.

(Ord. No. 2017-10-05-0755 , § 1, 10-5-17)