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be self- closing and self-locking. The gate shall be locked at all times when the <br />dog is in the pen or kennel. <br />Provocation means an act that an adult could reasonable expect may cause a dog to bite <br />or attack. <br />Substantial Bodily Harm, means bodily injury that involves a temporary but substantial <br />disfigurement, or that causes a temporary but substantial loss or impairment of the function of <br />any bodily member or organ or that causes a fracture of any bodily member. <br />Unprovoked means the condition in which the dog is not purposely excited, stimulated, <br />agitated or disturbed. <br />Section 10 -92 - Declaration of Dangerous or Potentially Dangerous Do . <br />(a) A police officer, community service officer, or animal control officer may declare <br />a dog to be Dangerous or Potentially Dangerous when the officer has probable <br />cause to believe that a dog is Dangerous or Potentially Dangerous as defined in <br />this ordinance or in Minnesota Statutes, Sections 347.50 to 347.565. The <br />following factors will be considered in determining a Dangerous or Potentially <br />Dangerous Dog: <br />(1 whether any injury or damage to a person by the dog was caused while <br />the dog was protecting or defending a person or the dog's offspring within <br />the immediate vicinity of the dog from an unjustified attack or assault. <br />(2) The size and strength of the dog, including jaw strength, and the animal's <br />propensity to bite humans or other domestic animals. <br />(3) whether the dog has wounds, scarring, is observed in a fight, or has other <br />indications that the dog has been or will be used, trained or encouraged to <br />fight with another animal or whose owner is in possession of any training <br />apparatus, paraphernalia or drugs used to prepare such dogs to fight with <br />other animals. <br />(b) Beginning 6 months after a dog is declared Dangerous or Potentially Dangerous, <br />an owner may request annually that the City review the designation. The owner <br />must provide evidence that the dog's behavior has changed due to the dog's age, <br />neutering, environment, completion of obedience training or other factors. If <br />enough evidence is provided, the City may rescind the designation. <br />(c) Exceptions. <br />(1) The provisions of this Section do not apply to dogs used by law <br />enforcement. <br />(2) Dogs may not be declared Dangerous or Potentially Dangerous if the <br />threat, injury, or danger was sustained by a person who was: <br />-3- <br />