Laserfiche WebLink
section 4.4351} shall be reviewed by the hearings official after six months <br />for dogs c1 ass i f i ed as Level 1 ar level 2 and after one year for dogs cl ass i - <br />f i ed as Level 3 or higher. I f the dog owner can show that the behavior which <br />caused the classification has been corrected to the satisfaction of the hear- <br />ings official, then the hearings official may enter an order modifying or <br />deleting the classification. <br />Section 13. Subsections ~1} and ~4} of Section 4.440 of the Eugene <br />Code, 1971, are amended~to provide: <br />4.440 Identification of Potentiall Dan Brous Do s; A eats, Restrictions <br />Pend i ng_Ap,peal . <br />~1} The director shall have the authority to determine whether an <br />do has en a ed i n the beh v' • y <br />,g g g a Fors specified ~n section 4.435. This determ~na- <br />t~on shall be based upon an investigation that includes observation of the <br />dog's behavior by the animal regulation authority employees orb other wit- <br />Y <br />nesses who personally observed the behavior, sign a written statement attest- <br />ing to the observed behavior and agree to provide testimony regardin the <br />do 's behavior if nec g <br />g essary. The determ~nat~on may also be based on evi- <br />dence that the dog's owner was fined or the dog was classified or re istered <br />in another state co nt ~ g, <br />• ,, u y or city because the dog engaged ~n the behaviors <br />spec~f~ed ~n section 4.435. <br />~4} Once the owner has received notice of the dog's classification <br />as a Level 1 to Level 4 potentially dangerous dog pursuant to subsection <br />4.4402}, the owner shall comply with the restrictions specified in the <br />notice within ten days, unless the owner appeals it to the hearings official. <br />If the director's decision is upheld on appeal, the dog's owner shall be <br />liable for the cast of the dog's impoundment. <br />Section 14, Subsection ~~} of Section 4.445 of the Eugene Code, 1971 <br />is amended to provide: <br />4.445 Re ulation of Potentiall Dan Brous Do s. <br />~1} In addition to the other requirements of sections 4.330 to <br />4.490, the owner of a potentially dangerous dog shall comply with the follow- <br />ing additional regulations: <br />~a} If the dog has engaged in Level ~ or Level 2 behavior, <br />the owner shall provide a physical device or structure that pre- <br />vents the dog from reaching any public right-of-way or adjoining <br />property, and shall restrict the dog by such a devi ce or structure <br />whenever the dog is outside the owner's home and not on a leash <br />off the owner's property. <br />fib} If the dog has engaged in Level 3 behavior, the owner <br />shall prove de a secure encl asure and confine the dog within such <br />enclosure whenever the dog is not on a leash off the owner's prop- <br />erty or inside the home of the owner. The owner shall also post <br />Ordinance - S <br />