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A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

B. Any dangerous dog shall be immediately confiscated by an animal control officer if:

1. The dog is not validly licensed under Section 6.04.020(D) of this chapter;

2. The owner fails to maintain the liability insurance coverage required under Section 6.04.020(D) of this chapter;

3. The dog is not maintained in the proper enclosure;

4. The dog is outside of the proper enclosure and not under physical restraint as required by subsection (B)(1) of this section.

C. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

D. The violation of any of the provisions of this section shall be a misdemeanor and subject to punishment as provided in Section 6.04.130 of this chapter.

(Prior code § 6.06.045)