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2. Potentially Dangerous Animal. An animal which has: <br />a. When unprovoked by a victim, bites human or domestic animal while on public or private property. <br />b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, <br />sidewalks or any public or private property, other than the animal owner's property, in an apparent attitude of <br />attack; or <br />c. Has the known propensity, tendency or disposition to attack while unprovoked, causing injury or <br />otherwise threatening the safety of humans or domestic animals. <br />3. Proper Enclosure. Securely confined indoors or in a securely locked pen or structure suitable to prevent <br />the animal from escaping and to provide protection for the animal from the elements. A proper enclosure <br />does not include a porch, patio or any part of a house, garage or other structure that would allow the <br />animal to exit of its own volition or any house or structure in which windows are open or in which door or <br />window screens are the only barriers which prevent the animal from exiting. The enclosure shall not <br />allow the egress of the animal in any manner without human assistance. <br />4. Provocation. "Provocation" or "provoked" means an act that an adult could reasonably expect may cause <br />an animal to attack or bite. No act by a child that causes an animal attack or bite is provocation under this <br />ordinance. <br />B. Designation as Potentially Dangerous Animal. <br />The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence <br />that the animal has committed an act meeting the definition of a "potentially dangerous animal." <br />1. When an animal is declared potentially dangerous, the Animal Control Officer shall order the immediate <br />imposition of the following conditions: <br />a. The owner of an animal designated as potentially dangerous must have a microchip implanted in <br />the animal for identification, and the name of the microchip manufacturer and identification <br />number of the microchip must be provided to the Animal Control Officer. If the microchip is not <br />implanted by the owner, it may be implanted by the Animal Control Officer. In either case, all <br />costs related to purchase and implantation of the microchip must be bome by the animal's owner. <br />b. The owner must provide and maintain a proper enclosure for the potentially dangerous animal. <br />c. If the animal is a dog and is outside the proper enclosure the dog must be muzzled, restrained by a <br />substantial chain or leash (not to exceed six feet in length), and under the physical restraint of a <br />person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting <br />any person or animal, but will not cause injury to the dog or interfere with its vision or <br />respiration. <br />d. In addition, the owner of an animal declared potentially dangerous shall annually register the <br />animal with the City and be issued a Certificate of Registration stating that the animal is <br />potentially dangerous. The owner shall pay the City the current registration fee as established by <br />ordinance or resolution. <br />Page 6 of 11 <br />77 <br />