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l0 <br /> <br />(2) <br /> <br />(3) <br /> <br />(4) <br /> <br />Attitude of attack incident: The dog, without provocation <br />or a trespass, has approached a person in an apparent <br />attitude of attack; or <br /> <br />ho <br /> <br />Reputation of the doq: The dog has a known propensity, <br />reputation, tendency or disposition to attack without <br />provocation, to cause injury or to otherwise endanger the <br />safety of human beings or domestic animals. <br /> <br />Preventive Measures: If the Department determines that the <br />circumstances require special preventive measures, then the <br />Department shall have the authority to require appropriate, <br />specific preventive measures which might include, but are not <br />limited to, the following: <br /> <br />a. Necessary repairs to any fence or enclosure. <br /> <br />b. Measures to ensure that a gate will remain secure. <br /> <br />A "fence" or "secure dog fence" (as described in Section 4, <br />"Definitions") or any other similar device that would <br />provide greater assurance for the confinement of the dog, <br />subject to specific approval by the Department. <br /> <br />do <br /> <br />The Department shall also have the authority to require the <br />owner to tattoo the dog at the owner's expense, if that is <br />necessary for identification, investigative, or enforcement <br />purposes. <br /> <br />Written Order: If the Department determines that a dog owner must <br />take specific preventive measures, the Department shall make <br />reasonable efforts to notify the owner by the written order, <br />stating the reasons that preventive measures are required <br />identifying the specific preventive measures that must be <br />implemented, and stating the designated time period for compliance <br />with the written order. The Department shall have the authority to <br />allow for reasonable extensions of time limits based on good faith <br />progress of implementation of the preventive measures. Any <br />approved extensions shall be in writing. <br /> <br />Failure to comply with written order. It shall be unlawful for an <br />owner to fail to comply with a written order to take preventive <br />measures within the designated time for compliance stated in the <br />written order or any extension thereof. The penalty for failure <br />to comply with written order to take preventive measures shall be <br />one hundred ($100.00) dollars. The Department shall have the <br />authority to issue an additional $200.00 citation for continuing <br />failure to comply with a written order. <br /> <br />Owner's Challenqe to Written Order. The owner may submit in <br />writing a challenge to the Department's determination that Section <br />13, (#l) is applicable to the owner's premises or submit in <br />writing a challenge to the specific preventive measures required <br /> <br /> <br />