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result in a determination that the animal is vicious and subject <br />to additional restraint requirements. The determination shall be <br />made a matter of record in the central data system. <br />B. Upon complaint, investigation, and finding by the <br />Animal Control Authority that the animal has committed a second <br />offense within eighteen (18) months of the first offense, said <br />animal shall be determined to be a vicious animal. The Authority <br />shall promptly make a record of such determination with the <br />central file and shall again notify the owner in writing by certi- <br />fied letter of this determination. <br />C. Upon a third offense within the eighteen (18) month <br />period, the owner shall be again notified and shall forthwith <br />voluntarily forfeit the animal to the Animal Control Authority for <br />disposition as it determines most humane and beneficial to the <br />community. <br />D. Every owner of an animal subject to proceedings <br />under this section shall have the right to an evidentiary hearing <br />on the alleged offense before the Code Enforcement Board. Notice <br />of the right to this hearing shall be delivered to the owner as <br />part of the written notice of the dangerous or vicious animal <br />determination. The owner shall have seven (7) days from the date <br />of receipt of the determination in which to request such hearing <br />by delivering a written request to the Animal Control Authority. <br />Any appeal taken shall stay application of this rection until <br />final resolution of the matter by the Code Enforcement Board. <br />E. This section shall not apply to animals trained for <br />security or guard purposes, provided the incident involved <br />occurred during the course and scope of such duty. Nor shall any <br />incident be deemed an offense if it occurs within the real prop- <br />erty limits of the owner, provided the property is conspicuously <br />marked as to the presence of the dangerous or vicious animal. <br />F. It shall be the lawful duty of every person who has <br />observed an unprovoked attack or biting incident involving an <br />animal subject to this section to report such information to the <br />Animal Control Director. <br />-12- <br />