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Section 2. That Section 503.01 of the above -entitled ordinance be amended to <br />read as follows: <br />503.01 DEFINITIONS. <br />A DANGEROUS ANIMAL is an animal that has: <br />1. Without provocation, caused bodily injury or disfigurement to any person <br />on public or private property; <br />2. Without provocation, engaged in any attack on any person under <br />circumstances which would indicate danger to personal safety; <br />3. Exhibited unusually aggressive behavior, such as an attack on another <br />animal; or <br />4. Bitten one or more persons on two or more occasions. <br />HEARING OFFICER. The person designated by the City Council to hear appeals <br />brought pursuant to this Chapter 503. <br />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 include <br />a porch, patio or any part of a house, garage or other structure that would allow the <br />animal to exit of its own volition, or any house or structure in which windows are open or <br />in which door or window screens are the only barriers which prevent the animal from <br />exiting. The enclosure shall not allow the egress of the animal in any manner without <br />human assistance. A pen or kennel shall meet the following minimum 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 />UNPROVOKED. Unprovoked shall mean the condition in which the animal is not <br />purposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption <br />