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i . if the dog was protecting or defending a person <br /> within the immediate vicinity of the dog from an <br /> attack or assault; <br /> ii . if at the time the person was committing a crime <br /> or offense upon the property of the owner or <br /> icustodian of the dog; <br /> iii . if the person was teasing, tormenting, abusing or <br /> assaulting the dog or in the past had teased, <br /> tormented, abused or assaulted the dog; <br /> iv. if the dog was attacked or menaced by the <br /> domestic animal or the domestic animal was on the <br /> property of the owner or custodian of the dog; <br /> v. if the dog was responding to pain or injury or <br /> protecting itself, its kennels or its offspring; <br /> vi . if the person or domestic animal was disturbing <br /> the dog' s natural functions such as sleeping or <br /> eating; <br /> vii . neither growling nor barking, nor both, shall <br /> alone constitute grounds upon which to find a dog <br /> to be "dangerous" . <br /> Attack -- aggressive physical contact initiated by the dog. <br /> Serious injury - any physical injury consisting of moderate <br /> puncture (four (4 ) or more) , shaking, severe punctures (four (4 ) <br /> or more deep) , may include crushing or tears from shaking. <br /> Domestic animal - any animal commonly kept as a pet in family <br /> households in the United States, including, but not limited to, <br /> dogs, cats, guinea pigs, rabbits and hamsters; and any animals <br /> commonly kept for companion or commercial purposes . <br /> Section 3 . Hearing Procedures <br /> a . Any person may make a complaint of an alleged "dangerous" <br /> dog as that term is defined herein to a Police Officer or <br /> Animal Control Officer of the Town of Mooresville. Such <br /> Officers shall immediately inform the complainant of his <br /> right to commence a proceeding provided for in Paragraph b, <br /> immediately below, and, if there is reason to believe the <br /> dog is a "dangerous" dog, the Officer shall forthwith <br /> commence such proceeding himself. <br /> b. Any person may, and any Police Officer or Animal Control <br /> Officer acting within the scope of his statutory duties, <br /> shall make a complaint under oath or affirmation of an <br /> alleged "dangerous" dog as that term is defined herein to <br /> any Mooresville Town Court Judge . Thereupon, the Judge <br /> shall immediately determine if there is probable cause to <br /> believe the dog is a "dangerous" dog and, if so, shall <br /> issue an order to any Police Officer or Animal Control <br /> Officer pursuant to his statutory duties or Animal Control <br />