It is unlawful for the owner or custodian of any animal to cause, allow or permit either willfully or by failure to exercise due care, such animal to engage in vicious behavior whether or not on the property of such owner or custodian. It shall be a defense to a charge under this section that the animal which injured or endangered such person or property had been intentionally provoked to perform the vicious behavior by a person other than the animal's owner or custodian if such provocation is proven by the owner or custodian by a preponderance of the evidence to the satisfaction of the court or hearing officer. This subsection shall not apply to dogs previously declared as dangerous dogs regulated by this chapter. (Ord. M-2397 § 16, 1983; Ord. M-4072, Amended, 03/17/2014, Section 2 - Effective 04/17/2014; Ord. M-4043, Amended, 02/25/2013, Sec 5 - Effective 03/29/2013)