Upon the filing of an action by the city attorney in the Whitman County District Court to determine if an animal has without provocation twice bitten a person within a consecutive twenty-four month period, the court shall conduct a hearing and hear from witnesses. Where it is proven by a preponderance of the evidence to the satisfaction of the court that the injured person provoked the animal into attacking, such fact shall be an absolute defense to the particular bite. The court may also consider whether or not the attack occurred on property under the control of the keeper of the animal as well as the legal status of the victim on that property in determining whether a biting incident shall be included within the twenty-four month period or may have been justified and not included. (Ord. 14-13 §10, 2014; Ord. 00-2 §5, 2000; Ord. 87-6 §9, 1987).