10.2. SR 12-02-2019 - Laserfiche WebLink

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(1) A description of the seized dog; the authority for and purpose of the declaration and seizure; the time, place, and circumstances under which the dog was declared; and the telephone number and contact person where the dog is kept; (2) A statement that the owner of the dog may request a hearing concerning the declaration and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing; (3) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of Minn. Stats. § 347.52, paragraphs (a) and (e) regarding proper enclosures and notification to the city upon transfer or death of the dog, until such time as the hearing officer issues an opinion; (4) A statement that if the hearing officer affirms the "dangerous dog" declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of Minn. Stats. §§ 347.51, 347.515, and 347.52; (5) A form to request a hearing; and (6) A statement that if the dog has been seized, all maintenance costs of the care, keeping, and disposition of the dog pending the outcome of the hearing are the responsibility of the owner, unless a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. (b) Right to hearing. (1) After a dog has been declared "dangerous," "potentially dangerous" or has been seized for destruction, the owner may appeal in writing to the city within 14 days after notice of the declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing. The owner must pay a $100.00 fee for an appeal hearing. (2) The appeal hearing will be held within 14 days of the request. The hearing officer must be an impartial employee of the city or an impartial person retained by the city to conduct the hearing. (3) Pending the hearing, the dog may be seized and kept by the animal control authority unless the owner shows proof that the dog is properly licensed and has met the requirements for rabies vaccinations; keeps the dog in a proper enclosure unless restrained on a leash with a muzzle and otherwise demonstrates to the animal control authority that the dog under its present circumstances does not present an unreasonable risk of harm to persons or other domestic animals. (4) The records of the animal control authority, any police reports relating to an attack or bite, medical records and all reliable hearsay shall be admissible for consideration by the hearing officer without further foundation. (5) The animal control authority may be represented by the City of Elk River Prosecutor's Office. The owner may be represented by private legal counsel, although the owner does not have the right to an attorney at public expense. (6) At the hearing, both the owner and the animal control authority may present the testimony of live witnesses; cross-examine witnesses, and present documentary evidence. (7) The burden of proof shall be upon the animal control authority. The standard of proof shall be clear and convincing evidence if the authority seeks to destroy the dog; in other cases it shall be by a preponderance of the evidence. (8) After considering all evidence pertaining to the dog, the hearing officer shall make such order as they deem proper, including ordering the animal control authority to take the dog into custody if the dog is not currently in custody. (9) Any person who fails or refuses to release the dog to the animal control authority or law enforcement agent upon demand, or after it has been found by a hearing officer to be dangerous and ordered into custody, shall be guilty of a misdemeanor.