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1' property in an a <br /> sidewalks, or any public prop rty apparent attitude of attack; or <br /> c. Has the known history of propensity, tendency or disposition to attack <br /> while unprovoked, causing injury or otherwise threatening the safety of <br /> humans or domestic animals. <br /> (3) Proper enclosure. Proper enclosure means securely confined indoors or in a <br /> securely locked pen or structure suitable to prevent the animal from escaping and <br /> to provide protection for the animal from the elements. A proper enclosure does <br /> not include a porch, patio, or any part of a house, garage, or other structure that <br /> would allow the animal to exit of its own volition, or any house or structure in <br /> which windows are open or in which door or window screens are the only barriers <br /> which prevent the animal from exiting. Such enclosure shall not allow the egress <br /> of the animal in any manner without human assistance. A pen or kennel shall meet <br /> the following minimum specifications: <br /> a. Have a minimum overall floor size of thirty -two (32) square feet. <br /> b. Sidewalls shall have a minimum height of five (5) feet and be <br /> constructed of 11 -gauge or heavier wire. Openings in the wire shall not <br /> exceed two (2) inches, support posts shall be one - and - one - quarter -inch or <br /> larger steel pipe buried in the ground eighteen (18) inches or more. When <br /> a concrete floor is not provided, the sidewalls shall be buried a minimum <br /> of eighteen (18) inches in the ground. <br /> c. A cover over the entire pen or kennel shall be provided. The cover shall <br /> be constructed of the same gauge wire or heavier as the sidewalls and shall <br /> also have no openings in the wire greater than two (2) inches. <br /> d. An entrance /exit gate shall be provided and be constructed of the same <br /> material as the sidewalls and shall also have no openings in the wire <br /> greater than two (2) inches. The gate shall be equipped with a device <br /> capable of being locked and shall be locked at all times when the animal is <br /> in the pen or kennel. <br /> (4) Unprovoked. Unprovoked shall mean the condition in which the animal is not <br /> purposely excited, stimulated, agitated or disturbed. <br /> (d) Designation as potentially dangerous animal. The court or environmental health <br /> officer shall designate any animal as a potentially dangerous animal upon receiving such <br /> evidence that such potentially dangerous animal has, when unprovoked, then bitten, <br /> attacked, or threatened the safety of a person or a domestic animal as stated in <br /> subparagraph (c)(2). When an animal is declared potentially dangerous, the <br /> environmental health officer shall cause one (1) owner of the potentially dangerous <br /> animal to be notified in writing that such animal is potentially dangerous. <br /> 78 <br />