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A. An animal control officer may determine that an animal is a nuisance animal if they determine there is sufficient evidence that the animal:

1. Engaged in aggressive posturing, lunging, or barking while unrestrained, and caused a person to modify, stop or alter the person’s activity to avoid an encounter or caused a person to fear for their safety from the animal’s behavior; or

2. Bit or caused physical injury to any domestic animal; or

3. Is repeatedly at large; or

4. Has damaged personal or public property.

B. When an animal control officer determines that an animal is a nuisance animal, the animal control officer may declare the animal a nuisance animal and may:

1. Make recommendations to the owner to minimize the probability of future nuisance behaviors 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 requiring that the animal be enrolled in obedience classes.

C. 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.

D. Failure to maintain conditions is a violation.

E. Any owner aggrieved by the determination and decision of animal control may appeal to the Animal Control Commission pursuant to Chapter 4.16 FNSBC. (Ord. 2023-41 § 5, 2023.)