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• <br />• <br />open or in which door or window screens are the only barriers which prevent the animal <br />from exiting. The enclosure shall not allow the egress of the animal in any manner <br />without human assistance. A pen or kennel shall meet the following minimum <br />specifications: <br />1. Have a minimum overall floor size of 32 square feet; <br />2. Sidewalls shall have a minimum height of five feet and be constructed of <br />11 -gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts <br />shall be one and one - quarter inch or larger steel pipe buried in the ground 18 inches or <br />more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of <br />18 inches in the ground; <br />3. A cover over the entire pen or kennel shall be provided. The cover shall be <br />constructed of the same gauge wire or heavier as the sidewalls and shall have no <br />openings in the wire greater than two inches; and <br />4. 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 greater than two <br />inches. The gate shall be equipped with a device capable of being locked and shall be <br />locked at all times when the animal is in the pen or kennel. <br />(d) UNPROVOKED. Unprovoked shall mean the condition in which the animal <br />is not purposely excited, stimulated, agitated or disturbed. <br />(4) Designation as potentially dangerous animal. The animal control officer shall <br />designate any animal as a potentially dangerous animal upon receiving evidence that a <br />potentially dangerous animal has, when unprovoked, then bitten, attacked or threatened <br />the safety of a person or a domestic animal as stated in division (3)(b) above. When an <br />animal is declared potentially dangerous, the animal control officer shall cause one owner <br />of the potentially dangerous animal to be notified in writing that the animal is potentially <br />dangerous. <br />(5) Evidence justifying designation. The animal control officer shall have the <br />authority to designate any animal as a dangerous animal upon receiving evidence of the <br />following: <br />(a) The animal has, when unprovoked, bitten, attacked or threatened the safety of <br />a person or domestic animal as stated in division (3)(a) above; or <br />(b) The animal has been declared potentially dangerous and the animal has then <br />bitten, attached or threatened the safety of a person or domestic animal as stated in <br />division (3)(a) above. <br />(6) Authority to order destruction. The animal control officer, upon finding that an <br />animal is dangerous hereunder, is authorized to order, as part of the disposition of the <br />