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An affirmative defense to the violation of dangerous dog or potentially dangerous dog attacking shall be:

A. That, at the time of said attack by subject dog which causes injury or death of a domestic animal, such domestic animal was at large, was an astray, and entered upon the property of the owner of subject dog where referenced attack began, but did not necessarily end, upon subject dog owner’s property;

B. That, at the time of said attack by subject dog which causes injury or death of a domestic animal, said domestic animal was biting or otherwise attacking subject dog or its owner or responsible companion and subject dog was otherwise conforming to the requirements of law as pertains to control;

C. If a dog is provoked into biting, or inflicting bodily injury or damage to the person or property of anyone other than the owner, such provocation shall constitute an affirmative defense that may be pled by an owner who is in violation of this chapter on account of said biting;

D. Any other conditions or defenses as outlined in § 18-9-204.5(3)(h), C.R.S., known as the “Dangerous Dog Law.” (Ord. 529 §1, 2005)