§ 10-703. Vicious animals – Definition.

(a) In general.

In this subtitle, the following terms have the meanings indicated.

(b) Vicious animal.

(1) In general.

"Vicious animal" means any animal that:

(i) has severely bitten or attacked a human being or another animal; or

(ii) has been previously deemed dangerous, and subsequently bitten or attacked a human being or other animal so that the Health Commissioner determines that the animal should be immediately euthanized to protect the health, safety, or welfare of the public.

(2) Exclusions – Instigation by other.

"Vicious animal" does not include an animal that has bitten or attacked if the injury, damage, was sustained by one who:

(i) at the time was committing a willful trespass or other tort on the premises occupied by the owner or custodian of the animal;

(ii) was tormenting, abusing, or assaulting the animal;

(iii) in the past has been observed or reported to have tormented, abused, or assaulted the animal; or

(iv) was committing or attempting to commit a crime.

(3) Exclusions – Protecting self or others or in pain.

"Vicious animal" does not include an animal that has bitten or attacked if the animal was:

(i) protecting or defending itself, its young, or another animal;

(ii) responding to pain or injury; or

(iii) protecting or defending a human being within the immediate vicinity of the animal from physical attack or assault.