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result in a declaration with associated restrictions. A more refined version of this <br />approach might allow the declaration for serious first offenses (e.g., severe injury for a <br />person or a pet). <br />2. Propensity rather than incident based declaration: One suggestion for addressing the <br />"oops" incident is to seek to establish a definition based on the dog's propensity to be <br />dangerous. The idea is that a dog may act aggressively because of an isolated instance <br />in which an owner does not have effective control (e.g., the fence gate was left open <br />and the dog got out and chased after a pack of bicyclists) ; or a dog may have ended up <br />in a situation prompting it for the very first time to be reactive toward others pets or <br />people and the owner learns from the experience how to manage the dog to avoid such <br />situations. My own opinion is that it will be hard to have an satisfactory definition of <br />propensity that is not based upon actual (reported) incidents (which is why there are <br />regulations that provide notice on the basis of the first incident and impose <br />requirements based on a subsequent incident). However, others appear to hold a <br />different opinion and there is thus a need for discussion. <br />3. Rescinding a dangerous dog declaration: A process could be incorporated into the <br />ordinance to allow for a declaration to be reviewed and lifted under very specific <br />conditions. The absence of such is now a significant concern for pet owners who are <br />generally responsible but have an unfortunate incident in which their dog does <br />something leading to a dangerous animal declaration. An example is provided by <br />Minnesota's dangerous dog regulations, specifically, 347. 51 Subd 3a <br />"Dangerous dog designation review. Beginning six months after a dog is declared a <br />dangerous dog, an owner may request annually that the animal control authority review <br />the designation. The owner must provide evidence that the dog's behavior has changed <br />due to the dog's age, neutering, environment, completion of obedience training that <br />includes modification of aggressive behavior, or other factors. If the animal control <br />authority finds sufficient evidence that the dog's behavior has changed, the authority <br />may rescind the dangerous dog designation." <br />Amendment of Public Nuisance Provisions for Cats <br />1. Sec.4 -45. (8) v <br />a. Language: "Seriously interferes with the reasonable use and enjoyment by <br />neighboring residents of their property because of its howling, whining, crying, <br />or other noise making." <br />b. Alternatives <br />i. "Seriously interferes with the reasonable use and enjoyment by <br />neighboring residents of their property." W <br />a <br />