<div class="chunk-title">Sec. 10-57. - Protective measures for confinement of potentially dangerous dogs.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Circumstances requiring special preventive measures.</span> The department shall have the authority to require the owner or custodian of a dog
               to comply with specific preventive measures, as described in subsection (b) of this
               section, after taking into consideration the following factors:
               
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            <p class="incr1">
               (1)
               
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               <span class="ital">Nature of the particular dog.</span> The behavior, size, temperament, capacity for inflicting serious injury, the number
               of dogs involved or other such factors which would be relevant to determination of
               whether or not additional preventive measures need to be imposed for a particular
               situation.
               
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               (2)
               
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               <span class="ital">Adequacy of confinement.</span> The adequacy of the enclosure or confinement, if any.
               
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               (3)
               
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               <span class="ital">Immediate surrounding area.</span> The likelihood that the conditions pertaining to the particular dog and the dog's
               confinement are detrimental to the safety, welfare or peace and tranquility of citizens
               in the immediate surrounding area.
               
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               (4)
               
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               <span class="ital">Child under the age of seven.</span> A child under the age of seven lives in close proximity, or small children walk by
               or are otherwise in close proximity to the premises occupied by the dog.
               
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               (5)
               
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               <span class="ital">Bite.</span> The dog has bitten a human being or domestic animal, without provocation or trespass,
               and the person bitten does not ordinarily reside on the premises.
               
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               (6)
               
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               <span class="ital">Dog trained for fighting or aggressive attack.</span> The dog is used for competitive dogfighting or the dog has been trained for aggressive
               attacks.
               
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               (7)
               
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               <span class="ital">Attitude of attack incident.</span> The dog, without provocation or a trespass, has approached a person in an apparent
               attitude of attack.
               
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               (8)
               
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               <span class="ital">Reputation of the dog.</span> The dog has a known propensity, reputation, tendency or disposition to attack without
               provocation, to cause injury or to otherwise endanger the safety of human beings or
               domestic animals.
               
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               In considering whether to order a special preventive measure, the department is authorized
               to consider additional factors as aggravating circumstances that might warrant the
               ordering of special preventive measures.
               
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            <p class="incr0">
               (b)
               
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               <span class="ital">Preventive measures.</span> If the department determines that the circumstances require special preventive measures,
               then the department shall have the authority to require appropriate, specific preventive
               measures which might include, but are not limited to, the following:
               
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               (1)
               
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               Necessary repairs to any fence or enclosure.
               
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               (2)
               
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               Measures to ensure that a gate will remain secure.
               
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               (3)
               
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               A fence or secure dog fence or any other similar device that would provide greater
               assurance for the confinement of the dog, subject to specific approval by the department.
               
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               (4)
               
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               The department shall also have the authority to require the owner to tattoo the dog
               at the owner's expense, if that is necessary for identification, investigation, or
               enforcement purposes.
               
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               (c)
               
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               <span class="ital">Written order.</span> If the department determines that a dog owner must take specific preventive measures,
               the department shall make reasonable efforts to notify the owner by the written order,
               stating the reasons that preventive measures are required, identifying the specific
               preventive measures that must be implemented and stating the designated time period
               for compliance with the written order. The department shall have the authority to
               allow for reasonable extensions of time limits based on good faith progress of implementation
               of the preventive measures. Any approved extensions shall be in writing.
               
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               (d)
               
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               <span class="ital">Failure to comply with written order.</span> It shall be unlawful for an owner to fail to comply with a written order to take
               preventive measures within the designated time for compliance stated in the written
               order or any extension thereof. A violation of this section is punishable as a class
               3 misdemeanor with a fine of $100.00 for a first offense and $200.00 for each subsequent
               violation.
               
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               (e)
               
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               <span class="ital">Owner's challenge to written order.</span> The owner may submit in writing a challenge to the department's determination that
               subsection (a) of this section is applicable to the owner's premises or submit in
               writing a challenge to the specific preventive measures required by the department.
               The owner's written challenge must be received by the sheriff by the end of five days
               of the date of the written order, not counting the day of issuance of the written
               order. The review of the challenge may be done solely on the basis of written material,
               or if requested by the owner, the sheriff may hold a formal hearing at which the owner
               and issuing officer shall have an opportunity to present oral or documentary information.
               If a formal hearing is requested, the sheriff shall schedule the hearing as soon as
               possible after the request.
               
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            <p class="incr0">
               (f)
               
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               <span class="ital">Seizure and disposition of animal.</span> The department is authorized to seize an animal as provided in<a href="" data-chunk-id="PTIICOOR_CH10AN_ARTIINGE_S10-9SEDI" class="section-link" data-product-id="12658"> section 10-9</a>, when the owner has not complied with the written order and the time for filing a
               challenge has expired.
               
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            <p class="historynote0">
               (Ord. of 8-17-92, art. I, Â§ 13; Ord. of 3-19-96, art. I, Â§ 13;
               <a class="ordinance-link" href="" data-product-id="12658" data-ordinance-id="1170755">
                  Ord. No. 2021-32
                  </a>
               , Â§ 3, 12-20-21)
               
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