§ 3-5-6. AFFIRMATIVE DEFENSE.

(A)

Except as provided in Subsections (B) and (C), it is an affirmative defense to a prosecution under this article that a dangerous animal is:

(1)

kept in a zoo, shelter, museum, or educational or medical institution;

(2)

kept for temporary public exhibition by a circus, carnival, or other traveling exhibition;

(3)

kept at or in transit to a licensed veterinary clinic; or

(4)

kept by a person holding a license or permit that authorizes the person to attempt to rehabilitate the dangerous animal.

(B)

A person may assert a defense under this section only if the person has provided proper care for the dangerous animal and securely confined the dangerous animal to prevent contact with humans.

(C)

A person may assert a defense under Subsections (A)(1), (2) or (3) only if the person is in compliance with the requirements prescribed by Section 3-5-2 ( Insurance Required ).

Source: 1992 Code Sections 3-1-3(F) and (G); Ord. 031009-9; Ord. 031211-11.