BC 1992 08 17 - Laserfiche WebLink

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47 decision, the animal shallbe confined at the animal shelter and a cash bond shall be requested for all costs whatsoever attendant upon County's retention of the animal. Section 13. Protective measures for confinement of potential dangerous dogs. (1) (2) (3) Circumstances Requiring Special Preventive Measures The Department shall have the authority to require the owner or custodian of a dog to comply with specific preventive measures, as described below in Section 13 (#2), after taking into consideration the following factors: a. Nature of the particular dog: The behavior, size, temperament, capacity for inflicting serious injury, the number of dogs involved or other such factors which would be relevant to determination of whether or not additional preventive measures need to be imposed for a particular situation; and b. Adequacy of confinement: The adequacy of the enclosure or confinement, if any; and c. Immediate surrounding area: The likelihood that the conditions pertaining to the particular dog and the dog~s confinement are detrimental to the safety, welfare or peace and tranquility of citizens in the immediate surrounding area. In considering whether to order a special preventive measure, the Department is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures: d. Child Under the age of seven: A child under the age of seven lives in close proximity, or small children walk by or are otherwise in close proximity to the premises occupied by the dog; or e. Bite: The dog has bitten a human being or domestic animal, without provocation or trespass, and the person bitten does not ordinarily reside on the premises; or f. Dog trained for fighting or aggressive attack: The dog is used for competitive dog fighting or the dog has been trained for aggressive attacks; or g. Attitude of attack incident: The dog, without provocation or a trespass, has approached a person in an apparent attitude of attack; or h. Reputation of the dog: The dog has a known propensity, reputation, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings 'or domestic animals. Preventive Measures: If the Department determines that the circumstances require special preventive measures, then the Department shall have the authority to require appropriate, specific preventive measures which might include, but are not limited to, the following: a. Necessary repairs to any fence or enclosure. b. Measures to ensure that a gate will remain secure. c. A "fence" or "secure dog fence" (as described in Section 4, "Definitions") or any other similar device that would provide greater assurance for the confinement of the dog, subject to specific approval by the Department. d. The Department shall also have the authority to require the owner to tattoo the dog at the owner's expense, if that is necessary for identification, investigative, or enforcement purposes. Written Order: If the Department determines that a dog owner must take specific preventive measures, the Department shall make reasonable efforts to notify the owner by the written order, stating the reasons that preventive measures are required identifying the specific preventive measures that must be implemented, and stating the designated time period for compliance with the written order. The Department shall have the authority to allow for reasonable extensions of time limits based on good faith progress of implementation of the preventive measures. Any approved extensions shall be in writing.