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15 <br />Section 13. Protective measures for confinement of potentially dangerous dogs. <br /> <br /> (1) Circumstances Requiring Special Preventive Measures <br /> <br /> The Department shall have the authority to require the owner or <br /> custodian of a dog to comply with specific preventive measures, as <br /> described below in Section 13 (#2), after taking into consideration <br /> the following factors: <br /> <br /> a. Nature of the particular do~: The behavior, size, temperament, <br /> <br /> capacity for inflicting serious injury, the number of dogs <br /> involved or other such factors which would be relevant to <br /> determination of whether or not additional preventive measures <br /> need to be imposed for a particular situation; and <br /> <br /> b. Adequacy of confinement: The adequacy of the enclosure or <br /> confinement, if any; and <br /> <br /> c. Immediate surrounding area: The likelihood that the conditions <br /> <br /> pertaining to the particular dog and the dog's confinement are <br /> detrimental to the safety, welfare or peace and tranquility of <br /> citizens in the immediate surrounding area. <br /> <br /> In considering whether to order a special preventive measure, the <br /> Department is authorized to consider additional factors as <br /> aggravating circumstances that might warrant the ordering of special <br /> preventive measures: <br /> <br /> d. Child under the age of seven: A child under the age of seven <br /> lives in close proximity, or small children walk by or are <br /> otherwise in close proximity to the premises occupied by the dog; <br /> or <br /> <br /> e. Bite: The dog has bitten a human being or domestic animal, <br /> without provocation or trespass, and the person bitten does not <br /> ordinarily reside on the premises; or <br /> <br /> <br />