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A. An animal control officer shall conclude that an animal is a dangerous animal if they determine there is sufficient evidence that the animal:

1. Intentionally inflicted or attempted to inflict a bite on a human; or

2. While not under restraint either on the owner’s property or private property with the permission of the property owner, killed or caused serious physical injury to a domestic animal.

B. Notwithstanding subsection (A) of this section, an officer may determine that an animal is not a dangerous animal if one of the following exceptions applies:

1. The animal was teased, tortured, or abused by the victim;

2. The animal was protecting itself, its owner or the owner’s property from an unlawful act perpetrated by the victim and the animal was not otherwise in violation of the law;

3. The animal was acting in a manner consistent with its age;

4. The animal’s action is the result of a professional handling interaction;

5. The animal was responding to pain or injury;

6. The animal was protecting itself, its offspring, its owner or a member of its household; or

7. The circumstances were such that the bite was accidental or happened by chance rather than intent.

C. When an animal control officer determines that an animal is a dangerous animal, the animal control officer shall declare the animal a dangerous animal and may:

1. Make recommendations to the owner to minimize the probability of future bites that may include, but are not limited to, enrolling the animal in obedience classes, spaying or neutering the animal, muzzling the animal in specific circumstances, or avoiding rough play with the animal; or

2. Set conditions that may include, but are not limited to, requirements for fencing and chaining the animal, maintaining the animal in a house or garage, requiring the animal to be leashed or muzzled when in public or when not controlled by a competent adult, requirements for safe travel with the animal, a requirement of spaying or neutering of the animal, or require that the animal be enrolled in obedience classes; or

3. Order euthanasia.

D. It shall be the duty of the Animal Control Manager to review and approve the determination and decision made by the animal control officer in each case.

E. Failure to maintain conditions is a violation.

F. Any owner aggrieved by the determination and decision of animal control may appeal to the Animal Control Commission pursuant to Chapter 4.16 FNSBC.

G. Any owner of an animal deemed dangerous by jurisdictions outside of the Borough shall present the animal to animal control within 30 days of the animal’s arrival in the Borough to be evaluated to determine whether it meets the requirements of a dangerous animal in accordance with this title. Animals determined by animal control to be dangerous shall be handled pursuant to this section. (Ord. 2023-41 § 3, 2023; Ord. 2022-34 § 3, 2022; Ord. 2017-27 § 8, 2017.)