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<br />6.5A <br />Page 21 <br /> <br />(2) Committed a willful trespass or other tort upon the private <br />property of the owner or caretaker of the animal; <br /> <br />(3) Threatened or committed an unjustified attack or assault <br />against the owner, caretaker or person in control of the animal; <br /> <br />(4) Or any other mitigating factors deemed appropriate for <br />consideration by the Animal Control Officer, Peace Officer or Hearing <br />Officer. <br /> <br />(e) Upon receipt of written or oral notification by the Animal Control <br />Officer and/or Peace Officer that an animal is dangerous as defined in this <br />Chapter, the owner shall submit an application for a Dangerous Animal Permit to <br />the Animal Control Officer within five (5) calendar days. The application for a <br />permit shall contain the name of the applicant, applicant's address, the <br />applicant's home and business phone numbers, the address and description of <br />the proposed location of where the animal will be kept, if different from <br />applicant's, a complete description and a photograph of the animal. The permit <br />shall contain all of the requirements of Section 6.04.100 and any additional <br />conditions or requirements deemed necessary by the Animal Control Officer of <br />Peace Officer to protect the public health or safety. <br /> <br />(f) Should the owner of the animal wish to contest the dangerous <br />animal designation, the owner may request a hearing, to be conducted according <br />to the procedures set forth in Section 6.04.095 of this Chapter. The owner shall <br />submit a written request for a Dangerous Animal Hearing to the Animal Control <br />Officer and/or Peace Officer within five (5) calendar days of written notification by <br />the Animal Control Officer and/or Peace Officer that the animal has been declared <br />dangerous. Should the owner not submit a request for a hearing within five (5) <br />calendar days of notification, the hearing process shall be deemed waived by the <br />owner, and the dangerous animal declaration will be considered final by the <br />County Director of the Environmental Services Agency, or the Town. In that <br />event, the County Director of the Environmental Services Agency or the Town <br />may allow the dangerous animal permit to be issued without a hearing. Unless a <br />dangerous animal permit is immediately obtained, the animal shall be impounded <br />at the owner's expense pending appropriate disposition as determined by the <br />Animal Control Officer and/or Peace Officer." <br /> <br />SECTION 4. A new Section 6.04.085 is hereby added to Chapter 6.04 to read as <br />follows: . <br /> <br />"6.04.085 Declaration of vicious animals. <br /> <br />(a) No person shall keep, have, maintain, sell, trade or let for hire an <br />animal which has been designated as vicious pursuant to this Chapter. <br /> <br />Atty/Ord.248 <br />121405 <br /> <br />..." ,-,.-,-..-..,--....--"...-..,-------'------ <br />