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1 7.10.100 Death, sale, transfer, or permanent removal; notice. If the dog in question dies, or
<br />2 is sold, transferred, or permanently removed from the City, the owner or keeper of a vicious or
<br />potentially dangerous dog shall notify the Animal Control Department of the changed condition and
<br />3 new location of the dog in writing within two working days.
<br />4 7.10.110 Removal from list of potentially dangerous dogs. If there are no additional
<br />instances of the behavior described in Section 7. 10.010, subdivision (h) within a 36 -month period
<br />5 from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of
<br />6 potentially dangerous dogs. The dog may, but is not required to be, removed from the list of
<br />potentially dangerous dogs prior to the expiration of the 36 -month period if the owner or keeper of
<br />7 the dog demonstrates to the Animal Control Department that changes in circumstances or measures
<br />taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.
<br />8
<br />7.10.120 Destruction; nondestruction, conditions; enclosures.
<br />9 (a) A dog determined to be a vicious dog may be destroyed by the Animal Control Department
<br />10 when it is found, after proceedings conducted under Section 7.10.040, that the release of the dog
<br />would create a significant threat to the public health, safety, and welfare.
<br />11 (b) If it is determined that a dog found to be vicious shall not be destroyed, the Hearing
<br />Authority or, if appealed, the court, shall impose conditions upon the ownership and keeping of the
<br />12 dog that protect the public health, safety, and welfare.
<br />(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of
<br />13 Section 7. 10.010, subdivision (e).
<br />14 7.10.130 Prohibition of owning, possessing, controlling, or having custody. The owner or
<br />15 keeper of a dog determined to be a vicious dog may be prohibited by the Hearing Authority, or if
<br />contested, the court, from owning, possessing, controlling, or having custody of any dog for a period
<br />16 of up to three years, when it is found, after proceedings conducted under Section 7.10.040, that
<br />ownership or possession of a dog by that person would create a significant threat to the public health,
<br />17 safety, and welfare.
<br />18 7.10.140 Penalty; fines. The failure of an owner or keeper to comply with an order issued by
<br />the Hearing Authority shall be and is hereby declared a public nuisance. Such public nuisance may
<br />19 be punished as a misdemeanor with a fine not to exceed one thousand dollars ($ 1,000), remedied by
<br />way of a civil action prosecuted by the City Attorney, or abated by the Animal Control Department.
<br />20 All fines paid pursuant to this Section shall be paid to the City for the purpose of defraying the cost
<br />21 of the implementation of this Chapter. Nothing contained in this Chapter shall be construed as
<br />limiting the authority of the City to pursue any other remedy or remedies provided at law or in equity
<br />22 relating to vicious or potentially dangerous dogs, including, without limitation, a criminal action
<br />pursuant to Chapter 7.08 of this Code, the issuance of administrative citations pursuant to Chapter
<br />23 8.12 of this Code, or a civil action."
<br />24 SECTION 4: If any provision of this Ordinance or the application thereof to any person or
<br />25 circumstance is held invalid, that invalidity shall not affect other provisions or applications of the
<br />26 chapter which can be given effect without the invalid provision or application, and to this end the
<br />27 provisions of this Ordinance are severable.
<br />28 SECTION 5: The City Clerk shall certify to the passage of this Ordinance and cause the same
<br />or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of
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