§ 26-463. Injuring or killing of a police dog.

(a)

It shall be unlawful for any person to commit injuring or killing of a police dog. Injuring or killing of a police dog is the intentional infliction of great bodily harm, permanent disability, or death upon a police dog.

(b)

For purposes of this section, the term "police dog" means any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or ordinances or apprehension of offenders.

(c)

It shall be an affirmative defense to a prosecution under this section when the injuring or killing is committed with the reasonable belief by one not involved in or being apprehended for the commission of any offense or by one taken into custody that:

(1)

He is in imminent danger of losing his life or receiving great bodily harm and that the injuring or killing is necessary to save himself from that danger;

(2)

Another person not involved in or being apprehended for the commission of any offense is in imminent danger of losing his life or receiving great bodily harm and that the injury or killing is necessary to save that person from that danger; or

(3)

His animal or other property not involved in the commission of any offense or in the apprehension of any person for an offense is in imminent danger of being destroyed or receiving grave injury or damage that may result in its destruction.

(Ord. No. 146, § 120, 7-7-1992)