§ 10-51. Exemptions.  


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  • (a)

    Nothing in this article shall apply in any manner whatsoever to the official use of police work dogs trained to aid law enforcement officers if such dogs are being actively used for police work purposes, protective of the public, investigation of crime, and apprehension of law violators.

    (b)

    Nothing in this article precludes an exotic species from protecting his owner or any other person for whom it feels loyalty from physical attack. It is acknowledged that even an exotic species may defend against injury or battery. This article does not apply when an individual trespasses on an animal owner's property or commits any other tort on the owner's property or who was teasing, tormenting, abusing or assaulting the animal or who has in the past teased, tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. However, each exotic species owner shall exercise care to make certain that no harm results to an innocent trespasser, such as children, misguided pedestrians, invitees, tradespeople, servants, business associates, social guests and friends. It is further acknowledged pursuant to A.C.A. § 20-19-102 that any person engaged in raising or owning domesticated animals has the right to protect said animals from dogs, including the killing of such dogs, if necessary.

    (c)

    All political subdivisions and municipalities which have already enacted ordinances designed to protect citizens from attack or injury inflicted by vicious or exotic wild animals shall be exempt from the application of this article.

    (d)

    This article shall not apply to any zoo, circus, carnival or sanctuary complying with applicable laws and regulations and keeping said exotic wild animals for the education and entertainment of the public.

    (e)

    This article shall not apply to any accredited educational institution or licensed animal hospital.

(Code 1993, § 10-51; Ord. No. 95-31, art. XI, 6-8-1995)