(A) As used in this article "dangerous animal" means an animal of the canine or feline family:
- (1) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;
(2) which:
- (a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or
- (b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;
- (3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.
(B) "Dangerous animal" does not include:
- (1) an animal used exclusively for agricultural purposes; or
- (2) an animal which attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully upon the premises of the owner, as set forth in Section 47-3-770(A).
- (C) An animal is not a "dangerous animal" solely by virtue of its breed or species.
- (D) As used in this article "owner" means a person who owns or has custody or control of the animal.
- (E) As used in this article, "injury" or "bodily injury" means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death.
HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, Section 1, eff May 19, 1992.