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B. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was sustained by a person who was: i) committing a willful trespass or other tort upon the premises occupied by the owner of the dog; ii) provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing, or assaulting the dog; or, iii) committing or attempting to commit a crime. (1) Notice to Owner. If a dog is declared potentially dangerous or dangerous, then the Ao,imal Control Officer will give notice, by delivering or mailing it to the owner of the dog, of intent to declare the dog potentially dangerous or dangerous. Such notice shall inform the o*ner of this designation, the basis for the designation, the procedures for contesting the d$signation as described in Section 6-144 (5) (A) and the result of the failure to contest the d4signation as described in Section 6-144 (5) (B). Upon receipt of notice of intent, the dog o-�ner must immediately comply with the requirements of Section 6-146 and 6-147 and cd*tinue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. A. If the owner of a dog has received a notice of intent under Section 6-144 (4), the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within fourteen days of receipt of the notice of intent. B. If the owner fails to contest the notice of intent within fourteen days, the owner forfeits the right to a hearing and the declaration of the dog as potentially dangerous or dangerous is final. The City Manager will then issue a declaration to the owner, and the owner must comply with all applicable requirements of this Chapter or cause the dog to be humanely destroyed or removed from the City. Hearing Procedure. The City Manager will notify the dog owner of the hearing date. The ring will be held within fourteen days of the request for a hearing. The hearing will be ducted by an impartial hearing officer. The owner may call witnesses and present fence on his or her behalf The hearing officer will inform the owner of his or her decision vriting within ten days of the hearing and must state the reasons for the decision. Effect of Findings. If the hearing officer finds that there is a sufficient basis to declare the potentially dangerous or dangerous, the owner must immediately comply with all livable requirements of Sections 6-144 to 6-147 or immediately cause the dog to be sanely destroyed or removed from the City limits. Appeal. If the owner of the dog disputes the decision of the hearing officer, the owner appeal the decision of the hearing officer to the City Council. An appeal to the City Incil must be in writing and submitted to the City Manager within fourteen days of the NE136-21 7