<div class="chunk-title">Sec. 3-32. - Protective measures for containment of animals.</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 an animal
               to comply with specific preventive measures, as described in subsection (b) of this
               section, whenever the department determines that such measures are necessary to prevent
               repeated restraint violations or as a matter of public safety. Preventive measures
               shall only be ordered after taking into consideration the totality of the circumstances,
               including, but not limited to, the following:
               </p>
            		
            <p class="incr1">
               (1)
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               <span class="ital">Nature of the particular animal.</span> The behavior, size, temperament, breed, capacity for inflicting serious injury, number
               of animals, or other such similar factors that would be relevant to a determination
               of whether preventive measures need to be imposed for a particular situation;
               </p>
            		
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               (2)
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               <span class="ital">Adequacy of confinement.</span> The adequacy of the current 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 animal and the animal's
               confinement are detrimental to the safety or welfare of citizens or the peace and
               tranquility of citizens in the immediate surrounding area;
               </p>
            		
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               (4)
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               <span class="ital">History and ability.</span> The history of the animal and the animal's owner in compliance or noncompliance with
               this chapter as well as the owner's ability to adequately restrain the animal when
               viewed in light of all relevant factors.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
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               <span class="ital">Preventive measures.</span> If the department determines that the circumstances require special preventive measures,
               the department shall have the authority to require the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
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               Appropriate, specific preventive measures which might include, but are not limited
               to, the following: necessary repairs for any fence or enclosure, measures to ensure
               that a gate will remain closed, a fence or secure fence as described in this subsection
               or any other similar device or restriction that would provide greater assurance for
               the confinement of the animal, all of which are subject to being specifically approved
               for their adequacy by the department.
               </p>
            		
            <p class="p2">
               A fence shall be at least a minimum of four (4) feet high and shall constitute a secure-enough
               enclosure sufficient to contain the animal at all times. The minimum size of the enclosure
               may be at least one hundred fifty (150) square feet. If the animal is over fifteen
               (15) inches at the shoulder or is deemed capable of climbing a standard four-foot
               fence, the animal control supervisor may require a six-foot fence. A secure fence
               means a fence, as immediately described above, that may also be enclosed on all six
               (6) sides, including the top. The bottom must be concrete, unless the sides of the
               fence are buried one (1) foot deep in a hard-packed soil. Any reference to "fence"
               or "secure fence" shall be defined as stated in this subsection. Preventive measures
               may also specifically include mandatory spay/neuter for any animal that has been declared
               dangerous by the department.
               </p>
            <p class="incr1">
               (2)
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               The owner to tattoo, or electronically tag, the animal at the owner's expense if that
               is necessary for identification, investigative or enforcement purposes.
               </p>
            		
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               (3)
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               The owner to procure liability insurance in the amount of at least one hundred thousand
               dollars ($100,000.00) at the owner's expense or to have the animal tattooed or to
               display a sign on the premises warning of the animal on the premises. The department
               shall have the authority to require the owner to show signed, written statements about
               maintaining the liability insurance, the designated enclosure for the animal and the
               duty to notify the animal control department if the animal escapes, and to require
               the owner to give the department the authority to seize and impound the animal if
               the owner fails to comply with this subsection.
               </p>
            		
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               (4)
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               The owner to have the animal sterilized if unaltered.
               </p>
            		
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               (5)
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               The owner or keeper to notify the animal services department of any change in status
               of the dangerous dog immediately but not to exceed twenty-four (24) hours upon learning
               that it is loose, unconfined, has attacked another person or domestic animal, or has
               died.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
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               <span class="ital">Containment order.</span> If the department determines that specific preventive measures must be complied with
               by the owner of an animal, the department shall make reasonable efforts to notify
               the owner of the containment order. All containment orders shall be in writing and
               shall state the reasons that preventive measures are required, shall identify the
               specific preventive measures that must be implemented, and shall state the designated
               time period within which to comply with the containment order. No warning is necessary
               or required prior to the issuance of a containment order. The department shall have
               the authority to exercise discretion for extensions of time if that is reasonable
               in view of the good-faith progress of the owner in implementing the preventive measures.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
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               <span class="ital">Failure to comply with containment order.</span> It shall be unlawful for an owner to fail to comply with a containment order within
               the designated time for compliance stated in the written order or any extension thereof.
               The penalty for a willful failure to comply with a containment order shall be in accordance
               with <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-29EN" class="section-link" data-product-id="12207">section 3-29</a> and/or seizure/forfeiture of the animal in accordance with <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-29EN" class="section-link" data-product-id="12207">sections 3-29</a> and <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-31GESEFOPR" class="section-link" data-product-id="12207">3-31</a>. Willful failure to comply with a containment order under this section is further
               punishable as a misdemeanor.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Owner's challenge to containment order.</span> The owner may file a written notice of appeal with the animal services director within
               ten (10) days from the date the containment order is delivered. Failure to file a
               notice of appeal within this time period shall constitute a waiver of the right to
               contest the order. Appeals shall be conducted in as outlined in <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-30APCIPEAS" class="section-link" data-product-id="12207">sections 3-30</a>(c)â€”(e) above.
               </p>
            		
            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. of 1-20-22(1))
               </p></div>