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A. Circumstances Requiring Special Preventive Measures: If an animal control officer deems that immediate preventive measures are appropriate, the animal control officer shall have the authority to require the person owning or having possession, charge or custody or control of an animal to comply with specific preventive measures, as described below, after taking into consideration the following circumstances:
1. Nature Of Particular Animal: The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;
2. Adequacy Of Confinement: The adequacy of the enclosure or way of confinement, if any; and
3. Immediate Surrounding Area: The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of the citizens or the peace and tranquility of citizens in the immediate surrounding area.
4. Additional Factors: In considering whether to order a special preventive measure, the animal control section is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to:
a. Child Under Thirteen Years Of Age: There is a child under thirteen (13) years of age who lives in close proximity to the animal, or children walk by or are otherwise in close proximity to the property occupied by the animal;
b. Bite: The animal has bitten a human being or domestic animal without provocation;
c. Attitude Of Attack Incident: The animal, without provocation, has approached a person in an apparent attitude of attack;
d. Reputation Of Animal: The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
B. Court Citations: Any violation of a preventive order issued by an animal control officer may result in a court citation in addition to administrative action. (Ord. 138, 5-15-2003)