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(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, <br />or otherwise caused injury attacking a domestic animal, horse, or livestock. <br />(b) Vicious dog means any of the following: <br />(1) Any dog which, when unprovoked, in an aggressive manner, inflicts severe <br />injury on or kills a human being, whether the person and the dog are on or off the <br />property of the owner or custodian of the dog. <br />(2) Any dog previously determined to be and currently listed as a potentially <br />dangerous dog, which, after its owner or keeper has been notified of this <br />determination, continues the behavior of a "potentially dangerous dog" as set <br />forth above, or is maintained in violation of the conditions and restrictions placed <br />upon the dog as a "potentially dangerous dog." <br />(c) Provided, no dog may be determined to be a vicious dog if any such bite, threat, <br />injury or damage was sustained by a person who, at the time, was committing a <br />willful trespass upon the premises occupied by the owner or custodian of the dog, or <br />was committing or attempting to commit a crime upon the premises occupied by the <br />owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the <br />dog or who has, in the past, teased, tormented, abused or assaulted the dog. <br />(d) These definitions do not apply to dogs used in military or police work while they <br />are actually performing in that capacity. <br />Section 3. If any provision of this Ordinance or the application thereof to any <br />person or circumstance is held invalid, such invalidity shall not affect other provisions or <br />applications of the Ordinance which can be given effect without the invalid provision or <br />application, and to this end the provisions of this ordinance are severable. The City <br />Council of the City of Santa Ana hereby declares that it would have adopted this <br />Ordinance irrespective of the invalidity of any particular portion thereof. <br />Section 4. The City Clerk shall certify the adoption of this Ordinance and shall <br />cause the same to be posted as required by law. <br />ADOPTED this 7?h day of March, 2017. <br />Ordinance No. NS -2912 <br />Page 2 of 3 <br />