Grounds insufficient to declare dog dangerous or a nuisance.

(a) A dog may not be declared dangerous or a nuisance in any of the following circumstances:

(1) When an injury or damage was sustained by a person who, at the time of injury or damage, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog with the intent to commit a crime or was committing a crime, or was teasing, tormenting, abusing, or assaulting the dog, or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog.

(2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring.

(4) When a person or domestic animal was disturbing the natural functions of the dog such as sleeping or eating.

(b) Neither growling nor barking, or both, shall alone constitute grounds upon which to find a dog to be dangerous or a nuisance.

(Act 2012-235, p. 437, § 4.)