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law enforcement personnel, to a dog assisting [a handicapped person]an <br />individual with a disability, or to a dog inside a motorized vehicle. <br /> <br /> <br />Section 7. <br /> Section 4.435 of the Eugene Code, 1971, is amended to provide as follows: <br /> <br />4.435 Potentially Dangerous Dog <br />. <br />(1) <br /> The purpose of this section is to establish a procedure whereby dogs that <br />pose a reasonably significant threat of causing serious injury to humans, <br />domestic animals or livestock or property are identified and subjected to <br />precautionary restrictions in order to prevent initial or additional injuries. <br />(a) Level 1 behavior is established if a dog at large is found to menace, <br />chase, display threatening or aggressive behavior or otherwise threaten <br />or endanger the safety of any domestic animal or livestock. <br />(b) Level 2 behavior is established if a dog at large is found to menace, <br />chase, display threatening or aggressive behavior or otherwise threaten <br />or service animal. <br />or endanger the safety of any person (Note: HRC <br />Accessibility Committee had recommended that chasing or menacing a <br />service animal be a Level 5 behavior – that is, more serious than <br />chasing or menacing a person. Staff recommends this change instead.) <br />(c) Level 3 behavior is established if a dog, while at large, bites or causes <br />physical injury to any domestic animal or livestock. <br />whether or not confined <br />(d) Level 4 behavior is established if a dog, , bites <br />or causes physical injury to <br /> any person or service animal. (Note: <br />HRC Accessibility Committee had recommended that a dog biting or <br />causing physical injury to a service animal be a Level 5 behavior, and <br />this is similar to what exists as Level 4, and also appears to conflict <br />somewhat with 1.e.1.) <br />(e) Level 5 behavior is established if: <br />1. A dog, whether or not confined, causes the serious injury or death <br />of any person or service animal; or <br />2. A dog, while at large, kills any domestic animal; or <br />3. A dog, while at large, kills any livestock; or <br />4. A dog engages in or is found to have been trained to engage in <br />exhibitions of fighting; or <br />5. A dog that has been classified as a level [4]3 potentially <br />dangerous dog repeats the behavior described in subsection <br />[4.435(1)(d)] 4.435(1)(c) after the owner receives notice of the <br />level [4]3 behavior classification. <br /> (2) <br /> Notwithstanding subsection 4.435(1), the director shall have discretion to <br />refrain from classifying a dog as potentially dangerous even if the dog has <br />engaged in the behaviors specified in subsection 4.435(1) if the director <br />determines that the behavior was a result of the victim abusing or tormenting <br />the dog or other extenuating circumstances. <br />(3) <br /> No dog shall be classified as potentially dangerous if the behavior in question <br />was directed against a trespasser on the property of a business which owns a <br />licensed watchdog, providing the owner has complied with section 4.405. <br />(4) <br /> No dog shall be classified as potentially dangerous if the behavior in question <br />was directed against a trespasser that has illegally entered any residence. <br />(5) <br /> Upon application of the dog owner accompanied by the fee established by the <br />city manager, the restrictions for a dog classified under subsection 4.435(1) <br />Ordinance - Page 3 of 5 <br />