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(6) Been or will be used, trained, or encouraged to fight with another animal; or whose <br />owner has in custody or possession any training apparatus, paraphernalia or drugs <br />used to prepare such dog to be fought with another animal. <br />(E) Great bodily harm. "Great bodily harm" shall have the meaning given it under <br />Minnesota Statutes Section 609.02, Subdivision 8. <br />(F) Hearing. "Hearing" shall mean a proceeding conducted by a hearing officer in <br />accordance with the requirements of this Ordinance. <br />(G)Hearing Officer. "Hearing Officer" shall mean a licensed doctor of veterinary <br />medicine, or a qualified person trained in domestic animal husbandry, appointed by the <br />Board. <br />(H)Killed. A dog "killed" or "kills" a human being or domestic animal if there was a <br />direct causal connection between the act. of the attacking dog and the death of the <br />person or other animal. For domestic animals which were euthanized following such <br />an attack, "killed" or "kills" shall mean the death was the direct and inescapable <br />consequence of the attack, extensive veterinarian assistance would be futile, and that <br />euthanasia merely hastened the inevitable death of the victim animal. <br />(I) Owner. "Owner" shall mean any person or persons, firm, corporation, association, <br />organization, or department possessing, harboring, keeping, having an interest in, or <br />having care, custody, or control of a dog. Any person keeping or harboring a dog for <br />five (5) consecutive days shall, for the purposes of this Ordinance, be deemed to be an <br />owner thereof. <br />(,)) Potentially dangerous dog. "Potentially dangerous dog" shall mean any dog that has: <br />(1) When unprovoked, bitten a human or domestic animal on public or private <br />property; or <br />(2) When unprovoked, chased or approached a person, including a person on a bicycle, <br />upon the streets, sidewalks, or any public or private property, other than upon the dog <br />owner's property, in an apparent attitude of attack; or <br />(3) A known history or propensity, tendency, or disposition to attack while unprovoked, <br />causing injury or otherwise threatening the safety of humans or domestic animals. <br />(K)Proper enclosure. "Proper enclosure" shall mean securely confined indoors, or in a <br />securely enclosed and locked pen or structure outdoors, suitable to prevent the animal <br />from escaping and providing the dog protection from the elements. A proper enclosure <br />does not include a porch, patio, or any part of a house, garage, or other structure that <br />would allow the dog to exit of its own volition, or any house or structure in which <br />windows are open or in which door or window screens are the only obstacles that <br />prevent the dog from exiting. Such enclosure shall not allow the egress of the animal in <br />any manner without human assistance. <br />070710 Sherburne County Dog Ordinance 6 <br />