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(ii) inflicted serious in3ury to a person, including multiple <br />bites, serious disfigurement, serious impairment of health, or <br />serious impairment of a bodily function; or (iii) continued to <br />exhibit the behavior which resulted in a previous finding by a <br />court that it is a dangerous dog, provided that its owner has <br />been given notice of that finding. <br /> <br /> (b) Any animal warden who has reason to believe that a <br />canine or canine crossbreed within his jurisdiction is a <br />dangerous dog or vicious dog shall apply to a magistrate of <br />the City of Portsmouth for the issuance of a summcns requiring <br />the owner or custodian, if known, to appear before the General <br />District Court at a specified time. The summons shall advise <br />the owner of the nature of the proceeding and the matters at <br />issue. The animal warden or owner shall confine the animal <br />until such time as evidence shall be heard and ~ verdict <br />rendered. The court, through its contempt powers, may compel <br />the owner, custodian or harborer of the animal to produce the <br />animal. If, after hearing the evidence, the court finds that <br />the animal is a dangerous dog, the court shall order the <br />animal's owner to comply with the provisions of the ordinance. <br />If, after hearing the evidence, the court finds that the <br />animal is a vicious dog, the court shall order the animal <br />euthanized in accordance with the provisions of Section <br />3.1-796.119 of the Code of Virginia, 1950, as amended, which <br />said section is incorporated herein by reference~ it being the <br />intent of this ordinance that any amendment of the <br />aforementioned section by the legislature of Virginia shall be <br />deemed to be incorporated herein upon the effective date of <br />such legislation. <br /> <br /> (c) No canine or canine crossbreed shall be found to be <br />a dangerous dog or vicious dog solely because it is a <br />particular breed, nor shall the City Council prohibit the <br />ownership of a particular breed of canine or canine <br />crossbreed. No animal shall be found to be a dangerous dog or <br />vicious dog if the ~hreat, injury or damage was sustained by a <br />person who was (i) committing, at the time, a crime upon the <br />premises occupied by the animal's owner or custodian, (ii) <br />committing, at the time, a willful trespass or other tort upon <br />the premises occupied by the animal's owner or custodian or <br />(iii) provoking, tormenting, or physically abusing the animal, <br />or can be shown to have repeatedly provoked, tormented, <br />abused, or assaulted the animal at other times. No police dog <br />which was engaged in the performance of its duties as such at <br />the time of the acts complained of shall be found to be a <br />dangerous dog or a vicious dog. No animal which, at the time <br />of the acts complained of, was responding to pain or injury, <br />or was protecting itself, its kennel, its offspring, or its <br />owner or owner's property, shall be found to be a dangerous <br />dog or a vicious dog. <br /> <br /> <br />