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<br />service causing injury or otherwise threatening the safety of <br />humans or domestic animals. <br /> <br />(3) "Proper enclosure" means securely confined indoors or in a <br />securely locked pen or kennel suitable to prevent the animal from <br />escaping and to provide protection for the animal from the <br />elements, to include adequate food and water. A proper enclosure <br />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 <br />volition, or any house or structure in which windows are open or in <br />which door or window screens are the only barriers which prevent <br />the animal from exiting. Such enclosure shall not allow the egress <br />of the animal in any manner without human assistance. A pen or <br />kennel for a dog shall meet the following minimum specifications: <br /> <br />(a) Have a minimum overall floor size of thirty-two (32) <br />square feet. <br /> <br />(b) Sidewalls shall have a minimum height of five (5) feet and <br />be constructed of II-gauge or heavier wire. Openings in <br />the wire shall not exceed two (2) inches, support posts shall <br />be one and one-quarter-inch or larger steel pipe buried in <br />the ground eighteen (18) inches or more. When a concrete <br />floor is not provided, the sidewalls shall be buried a <br />minimum of eighteen inches in the ground. <br /> <br />(c) A cover over the entire pen or kennel shall be provided. <br />The cover shall be constructed of the same gauge wire or <br />heavier as the sidewalls and shall also have no openings in <br />the wire greater than two (2) inches. <br /> <br />(d) An entrance/exit gate shall be provided and be constructed <br />of the same material as the sidewalls and shall also have no <br />openings in the wire greater than two (2) inches. The gate <br />shall be equipped with a device capable of being locked <br />and shall be locked at all times when the animal is in the <br />pen or kennel. <br /> <br />(4) "Owner" means any person, firm, corporation, organization, or <br />department possessing, harboring, keeping, having an interest in, or <br />having care, custody, or control of an animal. <br /> <br />(5) "Substantial bodily harm" has the meaning given it under section <br />609.02, subdivision 7a. <br /> <br />Page 2 of6 <br />