§ 3-4-51. Exceptions to definitions.

(a)

The terms "dangerous dog" and "vicious dog" as defined in this subchapter, shall not include the following:

(1)

A dog that is in the act of use by a law enforcement or military officer to carry out the law enforcement or military officer's official duties.

(2)

A dog that inflicts an injury upon a person who, at the time, was committing a willful trespass or other tort, or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime, under Chapter 5 of Title 16 of the Official Code of Georgia Annotated.

(b)

No person shall be liable for killing or otherwise performing a cruel action on any dog when such person is;

(1)

Defending his or her person or property, or the person or property of another from injury or damage being caused by a dog; or

(2)

Defending against injury or damage to any livestock, poultry or pet animal.

(Ord. No. 12-12, § II, 7-16-12)