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(3) Has the known propensity, tendency or disposition to attack while unprovoked, <br /> causing injury or otherwise threatening the safety of humans or domestic animals. <br /> Proper Enclosure. Securely confined indoors or in a securely locked pen or structure <br /> suitable to prevent the animal from escaping and to provide protection for the animal from the <br /> elements. A proper enclosure does not include a porch, patio or any part of a house, garage or <br /> other structure that would allow the animal to exit of its own volition or any house or structure <br /> in which windows are open or in which door or window screens are the only barriers which <br /> prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any <br /> manner without human assistance. <br /> Unprovoked. The condition in which the animal is not purposely excited, stimulated, <br /> agitated or disturbed. <br /> (F) Designation as a Dangerous Animal or Potentially Dangerous Animal. The Animal <br /> Control Officer shall designate any animal as a dangerous animal or potentially dangerous <br /> animal upon receiving evidence that the animal has, when unprovoked by the victim, committed <br /> an act meeting the definition of a "dangerous animal" or "potentially dangerous" animal. When <br /> the Animal Control Officer determines that an animal has committed on of these acts, he /she <br /> shall cause the owner of the animal to be notified in writing of his intention to designate the <br /> animal as a dangerous animal or potentially dangerous animal and that his designation shall <br /> apply, unless the owner makes an appeal in accordance with this Chapter. The notice shall also <br /> include the conditions that the Animal Control officer intends to place on the owner for keeping <br /> the animal and whether or not the animal must be destroyed. <br /> (G) Appeal of Designation as Dangerous Animal or Potentially Dangerous Animal. An <br /> owner shall be given fourteen (14) days to appeal the order of the Animal Control Officer, by <br /> requesting a hearing before the City Council for a review of this determination. If no appeal is <br /> filed within the requisite time period, the order designating the animal as a dangerous animal, or <br /> potentially dangerous animal, shall stand. <br /> If an owner requests a hearing to appeal the order designating the animal as dangerous or <br /> potentially dangerous, the hearing shall be held before the City Council or its designated <br /> hearing officer, which shall set a date for hearing not more than three weeks after demand for <br /> the hearing. The records of the Animal Control Officer, Police Department, or City <br /> Administrator's office shall be admissible for consideration by the City Council or its <br /> designated hearing officer without further foundation. A copy of the records shall be made <br /> available to the owner at least one week before the hearing. The City Administrator's Office <br /> shall notify the victim of the hearing date and time. <br /> After considering all evidence, the City Council or its designated hearing officer shall make <br /> an order as it deems proper either sustaining the designation as a dangerous animal or <br /> potentially dangerous animal or rescinding the designation. If the order sustains the <br /> designation, the designation as dangerous or potentially dangerous shall remain in effect for the <br /> life of the animal, unless otherwise rescinded at a later date in accordance with the procedures <br /> set forth in this Chapter. <br /> Draft for review 12 -23 -2009 <br /> 56 <br />