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A. Notwithstanding WMC 7.20.015, the chief animal care and regulation officer shall have discretionary authority to refrain from classifying an animal even if the animal has engaged in the behaviors specified in WMC 7.20.015, if the chief animal care and regulation officer determines that one of the following is true:

1. At the time of the injury or damage, the victim was committing trespass or other tort on premises occupied by the owner or custodian of the animal, the victim was teasing, tormenting, abusing, or assaulting the animal, its offspring, or the owner or custodian, or the victim was committing or attempting to commit a crime;

2. The animal was protecting or defending itself, its offspring, or a human within the immediate vicinity of the animal from an attack or assault while under control or confined;

3. The injury or damage to a domestic animal occurred while the animal was working or in training as a hunting animal, herding animal, or predator abatement animal on the property of or under the control of its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal;

4. The animal is trained to attack a person independently or upon oral command while under the restraint and supervision of an authorized government or law enforcement unit and the act is directly associated with the proper execution of the animal’s duties;

5. The animal was responding to pain or injury;

6. The animal was protecting its offspring from attack by another animal;

7. The animal is trained or is being trained for the sport of Schutzhund competition or personal protection and the victim was a willing participant and did not file a complaint;

8. The animal, with a current rabies vaccination, caused injury to the owner, owner’s family, trainer, or person caring for the animal, unless:

a. The injured party filed a complaint; or

b. The victim is a minor who is not involved in training or competing with the animal; or

9. The decision not to classify reasonably serves and promotes justice, fairness, and the purposes and intent of this title, the protection of public health, safety and welfare, and the humane care and treatment of animals.

B. If at any time during a supervised quarantine a domestic animal is rabid or is tentatively diagnosed as rabid, the provisions of WMC 7.24.060(B) shall apply. This provision shall not exempt a domestic animal which is not euthanized, pursuant to this chapter, from the provisions of this chapter if the domestic animal is determined to be rabies free. (Ord. 09-69(AM) § 6, 2009)