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AN ORDINANCE TO AMEND CHAPTER 4 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1988, BY AMENDING SECTIONS 4-12(c) AND 4-17(a), AND BY REPEALING SECTIONS 4-33 AND 4-37, AND BY ADDING THERETO SECTION 4-33.1 PERTAINING TO ANIMALS AND FOWL. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 4-12(c) of ~he Code of the City of Portsmouth, Virginia, 1988, be amended and reordained to as follows: read Section 4-12. Disposal of dead animals and fowl generally. (c) This section shall also apply to dead dogs and other companion animals. 2. That Section 4-17 (a) be amended to read as follows: Section 4-17. Vicious or destructive animals. (a) It shall be unlawful for any person to keep unconfined within the city any animal which is known by such person to be vicious or which has evidenced a disposition to attack human beings without provocation or is known to be destructive of property; provided, that such animals may be kept where there have been made adequate provisions to protect persons and/or property from such animal. An animal shall be deemed "unconfined" if such animal is not securely confined indoors or confined in a securely enclosed and locked pen or run ares upon the premises of said person. Such pen or run area must also have either sides s~x (6) feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one (1) foot. 3. That Sections 4-33 and 4-37 of the Code of the City of Portsmouth, Virginia, 1988, be repealed. 4. That Chapter 4 of the Code of the City of Portsmouth, Virginia, 1988, be amended by adding thereto Section 4-33.1 to be ordained and read as follows: Section 4-33.1. Authority to control dangerous or vicious dogs. (a) As used in this section, "dangerous dogs" means a canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal, and "vicious dog" means a canine or canine crossbreed which has (i) killed a person;