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59 <br /> <br />(2) <br /> <br />(3) <br /> <br />(4) <br /> <br />(5) <br /> <br />(6) <br /> <br />h. Reputation of the dog: The dog has a known propensity, <br /> reputation, tendency or disposition to attack without <br /> provocation, to cause injury or to otherwise endanger the safety <br /> of human beings or domestic animals. <br /> Preventive Measures: If the Department determines that the <br /> circumstances require special preventive measures, then the Department <br /> shall have the authority to require appropriate, specific preventive <br /> measures which might include, but are not limited to, the following: <br /> a. Necessary repairs to any fence or enclosure. <br /> b. Measures to ensure that a gate will remain secure. <br /> c. A "fence" or "secure dog fence" (as described in Section 4, <br /> "Definitions") or any other similar device that would provide <br /> greater assurance for the confinement of the dog, subject to <br /> specific approval by the Department. <br /> d. 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 /> 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, stating <br /> the reasons that preventive measures are required identifying the <br /> specific preventive measures that must be implemented, and stating the <br /> designated time period for compliance with the written order. The <br /> Department shall have the authority to allow for reasonable extensions <br /> of time limits based on good faith progress of implementation of the <br /> preventive measures. Any approved extensions shall be in writing. <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 to <br /> comply with written order to take preventive measures shall be one <br /> hundred ($100.00) dollars. The Department shall have the authority to <br /> issue an additional $200.00 citation for continuing failure to comply <br /> with a written order. <br /> Ownerls Challenge to Written Order. The owner may submit in writing <br /> a challenge to the Department's determination that Section 13, (#1) is <br /> applicable to the owner's premises or submit in writing a challenge to <br /> the specific preventive measures required by the Department. The <br /> owner's written challenge must be received by the Sheriff by the end <br /> of five days of the date of the written order, not counting the day of <br /> issuance of the written order. The review of the challenge may be <br /> done solely on the basis of written material or if requested by the <br /> owner, the Sheriff may hold a formal hearing at which the owner and <br /> issuing officer shall have an opportunity to present oral or <br /> documentary information. If a formal hearing is requested the Sheriff <br /> shall schedule the hearing as soon as possible after the request. <br /> Seizure and Disposition of Animal. The Department is authorized to <br /> seize an animal as provided in Section 14, when the owner has not <br /> complied with the written order and the time for filing a challenge <br /> has expired.' <br /> <br />Section 14. <br /> <br />(1) <br /> <br />Seizure and Disposition of Animals. <br /> <br />Authority to seize animals. In addition to any other authority or <br />procedure authorized by this Ordinance or by any other law to seize an <br />animal, the Department shall have the authority to summarily seize any <br />animals from premises when the Department determines that the animal <br />is in circumstances that pose a danger to the public safety or public <br />health, or to seize an animal at any other time, when so authorized in <br />this Ordinance or pursuant to Animal Cruelty Laws specifically <br />provided in North Carolina General Statutes, 14-360, 19A-l, 2, 3, 4, <br />and 19A-45, 46, 47, and 48. <br /> <br />The written order shall explicitly state that the Department has the <br />authority to terminate ownership rights of the animal, including the <br />possible humane destruction of the animal, if there is a failure to <br />comply with the written order, or unless otherwise directed by court <br />order. <br /> <br /> <br />