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(1) In addition to the other requirements of sections 4.330 to 4.490, the owner of a potentially dangerous dog shall comply with the following additional regulations:

(a) If the dog has engaged in Level 1 or Level 2 behavior, the owner shall provide a physical device or structure that prevents the dog from reaching any public right-of-way or adjoining property, and shall restrict the dog by such a device or structure whenever the dog is outside the owner’s home and not on a leash off the owner’s property.

(b) If the dog has engaged in Level 3 behavior, the owner shall provide a secure enclosure and confine the dog within such enclosure whenever the dog is not on a leash off the owner’s property or inside the home of the owner. The owner shall also post approved warning signs on the property where the dog is kept.

(c) If the dog has engaged in Level 4 or Level 5 behavior, the owner shall meet the requirements of subpart 4.445(b) and shall, additionally, not permit the dog to be off the owner’s property unless the dog is muzzled and restrained by an adequate leash and under the control of a capable person over the age of 18.

(d) Any dog that has been found to have engaged in Level 4 or 5 behavior may be euthanized by order of the municipal court judge or the hearings official, provided the dog’s behavior poses a significant risk of additional injury or death and the owner fails to provide sufficient evidence of compliance with the restrictions imposed by this section. In addition, the hearings official or municipal court judge has the authority to suspend, for a period of time, the Level 5 dog owner’s right to be the owner of any dog in the city, including dogs currently owned by that person.

(e) To ensure correct identification, the owner of a dog that has been classified as potentially dangerous shall cause the dog to wear an identifying collar and ID tag. In addition, the owner of a dog that has engaged in Level 5 behavior shall have the dog marked with a permanent identifying mark.

(f) In addition to obtaining a regular dog license, the owner shall obtain a potentially dangerous dog license pursuant to sections 4.395(2) and 4.395(5).

(g) The owner of a potentially dangerous dog shall notify the director of the transfer of ownership by sale, gift or otherwise of the potentially dangerous dog and of the name and address of the person to whom the potentially dangerous dog was transferred.

(2) No person shall own a dog in violation of this section or of the hearings official’s order under subpart 4.445(1)(d).

(Section 4.445 changed to section 4.360; a new section 4.445 added by Ordinance No. 19461, enacted April 13, 1987; amended by Ordinance No. 10505, enacted October 12, 1987; and Ordinance No. 19615, enacted May 22, 1989.)