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8 <br /> <br />an animal”) encompasses all means by which a dangerous animal may be 1 <br />controlled under the Ordinance, without including means by which the Ordinance 2 <br />did not intend for dangerous animals to be controlled, specifically electronic fences. 3 <br /> 4 <br />d. Section 4-42(d)(2) has been split into two sections, clarifying how a dangerous 5 <br />animal shall be controlled going to and from a secure enclosure or permitted 6 <br />location when on the owner’s property, and when off the owner’s property. This 7 <br />amendment is in response to questions from owners of dangerous animals asking 8 <br />how the animal should be taken to a secure enclosure on the owner’s property. The 9 <br />amendment clarifies that animals going to and from a secure enclosure or 10 <br />permitted location (such as a kennel or vehicle) on the owner’s property should be 11 <br />leashed, but need not be muzzled as it is required when off the owner’s property. 12 <br />e. In 4-42(e)(4)b., the word “tort” was inadvertently left out of previous versions of the 13 <br />Ordinance, so the sentence read, “Committing a willful trespass or other, which 14 <br />shall be determined…” The amended sentence reads, “Committing a willful 15 <br />trespass or other tort, which shall be determined by looking at a totality of the 16 <br />circumstances.” 17 <br /> 18 <br />f. A new section (6) has been added to 4-42(e), excepting “a dog that is defending a 19 <br />person or other animal at the time the injury to or death of a pet or livestock is 20 <br />sustained” from the definition of “dangerous animal.” The language regarding 21 <br />“defending a person” was moved to the Exceptions section from the definitions in 4-22 <br />42(b). The language regarding defending another animal is recommended by the 23 <br />Animal Services Advisory Board and Animal Services staff. 24 <br /> 25 <br />g. A new section 4-42(k) has been added, allowing for the Animal Services Director to 26 <br />review dangerous animal declarations annually upon application of the owner, and 27 <br />revoke the declaration should the owner meet certain criteria for revocation, 28 <br />including by providing a professional, third party assessment of the animal. The 29 <br />Animal Services Director would be required to issue written findings when revoking 30 <br />or refusing to revoke the declaration, based on the criteria outlined in section 4-31 <br />42(k). There is strong support for this amendment given the experience of the 32 <br />Animal Services Hearing Panel Pool with appeals of dangerous animal declarations 33 <br />as the incidents on which these are based vary greatly in their intensity and harm. 34 <br /> 35 <br />At this time, no fees are being proposed for review of a dangerous animal 36 <br />declaration, taking into account the cost of obtaining the required assessment for 37 <br />review and any costs incurred as a result of the declaration in order to comply with 38 <br />the confinement requirements of the Ordinance. Animal Services will monitor 39 <br />administrative costs and staff time incurred as a result of these reviews for one year 40 <br />following the effective date of this amendment, in order to determine whether a fee 41 <br />for review is recommended to account for staff time, materials, etc. related to 42 <br />review of declarations. 43 <br /> 44 <br />• UPDATE following discussion at October 16, 2018 BOCC Meeting: Based on 45 <br />the Board’s request, language has been added to this section clarifying that all 46 <br />dangerous (or vicious, as was used in prior iterations of the Ordinance) declarations 47 <br />made under this or previous versions of the Ordinance may be reviewed. 48 <br /> 49