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the animal regulation authority of such classification, registration, or <br />fine at the time the owner licenses the dag. If the director classifies the <br />dog pursuant to section 4.440, the owner shall meet the requirements of sub- <br />secti ons ~2} and ~5} above except that the initial potentially dangerous dog <br />1 ~ cense fee w~ 11 only be $Z5. <br />Section 12. Section 4.435 of the Eugene Code, 1971, is amended to pro- <br />vide: <br />4.435 Potentially Dangerous Do <br />~1} The purpose of this section is to establish a procedure where- <br />by dogs that pose a reasonably significant threat of causing serious injury <br />to humans, domestic animals or livestock or property are identified and sub- <br />jected to precautionary restrictions in order to prevent initial or addition- <br />al ~n~ur~es. <br />~a} Level 1 behavior is established if a dog at large is <br />found to menace, chase, display threatening or aggressive behavior <br />or otherwise threaten or endanger the safety of any domestic ani - <br />mal or livestock. <br />fib} Level ~ behavior is established if a dog at large is <br />found to menace, chase, display threatening or aggressive behavior <br />or otherwise threaten or endanger the safety of any person. <br />~c} Level 3 behavior is established if a dag, while at large, <br />bites or causes physical injury to any damestic animal or livestock. <br />~d} Level 4 behavior is established if a dog bites any person. <br />fie} Level 5 behavior is established if: <br />1. A dog, whether or not confined, causes the serious <br />injury or death of any person; or <br />Z. A dog, while at large, kills any damestic animal; or <br />3, A dog, whi 1 e at 1 arge, ki 11 s any 1 i vestock; or <br />4. A dog engages in or is found to have been trained to <br />engage in exhibitions of fighting; ar <br />5. A dog that has been classified as a level 4 poten- <br />tially dangerous dog repeats the behavior described in subsec- <br />tion 4.4351}~d} after the owner receives notice of the level <br />4 behavior classification. <br />. ~2} Notwithstanding subsection 4.4351}, the director shall have <br />d~scret~on to refrain from classifying a dag as potentially dangerous even <br />if the dog has engaged in the behaviors specified in subsection 4.4351} if <br />the director determines that the behavior was a result of the victim abusing <br />or tormenting the dog or other extenuating circumstances. <br />~3} Na,dog sha] 1 be classified as patenti al ly dangerous i f the <br />behavior ~n question was directed against a trespasser on the property of <br />a business which owns a licensed watchdog, providing the owner has complied <br />with section 4.405. <br />. , ~4} No .dag shal 1 be classified as potentially dangerous i f the <br />behave or ~ n quests an was directed against a trespasser that has illegally <br />entered any residence. <br />~5} Upon application of the dog owner accompanied by the fee estab- <br />l~shed by the city manager, the restrictions far a dog classified under sub- <br />Ordinance - 1 <br />