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(A) An owner of a potentially dangerous dog shall keep the dangerous dog, while on the <br />owner's property, in a proper enclosure. <br />(B) if the dog is outside the proper enclosure, the dog must be muzzled and restrained by a <br />substantial chain or leash. and under the physical restraint of a responsible person. <br />(C) The muzzle must be made in a manner that will prevent the dog from biting any person <br />or animal but that will not cause injury to the dog or interfere with its vision or respiration. <br />§ 95.35 Confiscation <br />(A) Seizure. <br />(1) The Animal Control Officer shall immediately seize any dangerous dog if: <br />(a) After 14 days after the owner has notice that the dog is dangerous, the dog is not <br />validly registered under § 95.31; <br />(b) The dog is not maintained in the proper enclosure; or <br />(c) The dog is outside the proper enclosure and not under physical restraint of a <br />responsible person as required under § 95.32. <br />(2) If an owner of a dog is convicted of a crime for which the dog was originally seized, <br />the court may order that the dog be confiscated and destroyed in a proper and humane manner, <br />and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. <br />(B) Reclaimed. A dangerous dog seized under division (A) above may be reclaimed by the <br />owner of the dog upon payment of impounding and boarding fees, and presenting proof to the <br />Animal Control Officer, and the city that the requirements of §§ 95.31 and 95.32, as they may be <br />amended from time to time, will be met. A dog not reclaimed under this subdivision within 7 <br />days may be disposed of as provided in § 95.25, and the owner is liable to the city for costs <br />incurred in. confining and disposing of the dog. <br />(C) Subsequent offenses; seizure. <br />(1) If a person has been convicted of a misdemeanor for violating a provision of §§ <br />95.31 and 95.32, and the person is charged with a subsequent violation relating to the same dog, <br />the dog must be seized by the city's Animal Control Officer. <br />(2) if the owner is convicted of a crime for which the dog was seized, the court shall <br />order that the dog be destroyed in a proper and humane manner and the owner pay the cost of <br />confining and destroying the animal. <br />(3) if the person is not convicted of the crime for which the dog was seized, the owner <br />may reclaim the dog upon payment to the city of a fee for the care and boarding of the dog. <br />14 <br />