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i. Bitten a human or a domestic animal on public or private property; or <br />ii. When unprovoked, chased or approached a person upon the streets, <br />sidewalks, or any public property in an apparent attitude of attack; or <br />iii. Has engaged in unprovoked attacks causing injury or otherwise threatening the <br />safety of humans or domestic animals. <br />c. 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 to <br />provide protection for the animal from the elements. A proper enclosure does not <br />include a porch, patio, or any part of a house, garage, or other structure that would <br />allow the animal to exit of its own volition, or any house or structure in which <br />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 <br />animal in any manner without human assistance. A pen or kennel shall meet the <br />following minimum specifications: <br />i. Have a minimum overall floor size of thirty -two (32) square feet. <br />ii. Sidewalis shall have a minimum height of five (5) feet and be constructed of <br />11 -guage or heavier wire. Openings in the wire shall not exceed two (2) <br />inches, support posts shall be one - and - one - quarter -inch or larger steel pipe <br />buried in the ground eighteen (18) inches or more. When a concrete floor is <br />not provided, the sidewalls shall be buried a minimum of eighteen (18) inches <br />in the ground. <br />iii. 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 <br />no openings in the wire greater than two (2) inches. <br />iv. 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 <br />than two (2) inches. The gate shall be equipped with a device capable of being <br />locked and shall be 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 is not <br />purposely excited, stimulated, agitated or disturbed. <br />• <br />