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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 <br />greater than two (2) inches. The gate shall be equipped with a device <br />capable of being locked and shall be locked at all times when the animal <br />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 />4. Designation as potentially dangerous animal. The animal control officer shall <br />designate any animal as a potentially dangerous animal upon receiving such <br />evidence that such potentially dangerous animal has, when unprovoked, then <br />bitten, attacked, or threatened the safety of a person or a domestic animal as <br />stated in Subd. 3.b. When an animal is declared potentially dangerous, the animal <br />control officer shall cause one (1) owner of the potentially dangerous animal to be <br />notified in writing that such animal is potentially dangerous. <br />5. Evidence justifying designation. The animal control officer shall have the authority <br />to designate any animal as a dangerous animal upon receiving evidence of the <br />following: <br />a. That the animal has, when unprovoked, bitten, attacked, or threatened the <br />safety of a person or domestic animal as stated in Subd. 3.a. <br />b. That the animal has been declared potentially dangerous and such animal <br />has then bitten, attached, or threatened the safety of a person or domestic <br />animal as stated in Subd. 3.a. <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 <br />the case, that the animal be destroyed based on a written order containing one (1) <br />or more of the following findings of fact: <br />a. The animal is dangerous as demonstrated by a vicious attack, an unprovoked <br />attack, an attack without warning or multiple attacks; or <br />b. The owner of the animal has demonstrated an inability or unwillingness to <br />control the animal in order to prevent injury to persons or other animals. <br />7. Procedure. The animal control officer, after having determined that an animal is <br />dangerous, may proceed in the following manner: <br />a. The animal control officer shall cause one (1) owner of the animal to be <br />notified in writing or in person that the animal is dangerous and may order the <br />animal seized or make such orders as deemed proper. This owner shall be <br />notified as to dates, times, places and parties bitten, and shall be given <br />Page 15 of 20 <br />