INFORMATION #1 11-05-2007 - Laserfiche WebLink

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SECTION 10 -POTENTIALLY DANGEROUS DOGS; DESIGNATION. Subsection l: Designation The Animal Control Authority or hearing officer shall designate any dog as a potentially dangerous dog upon receiving evidence that the animal meets any of the criteria in Section 6(J) of this Ordinance. Subsection 2: Notice (1) Upon determination that a dog is potentially dangerous, the Animal Control Authority shall provide a written Notice of Potentially Dangerous Dog to the owner of record, or if none, any owner of such dog by personally serving the owner or a person of suitable age and discretion at the residence of such owner. Service upon any owner shall be effective as to all owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and shall include the following: (i) A description of the dog deemed to be potentially dangerous; (ii) The factual basis for that determination; and (iii) The identity of the official who made the determination. (2) The Notice shall also set forth the restrictions imposed upon a potentially dangerous dog under this Ordinance. (3) The Notice shall also advise the owner(s) that they have ten (10) days to appeal the determination by requesting a hearing before a hearing officer, and shall include a pre- printed form the owner may use to request the hearing. The request for a hearing shall be made directly to the Animal Control Authority, and the owner shall be so informed. Either a verbal or written request, in any form, is sufficient. (4) If the owner does not request a hearing within the allotted ten (10) -days, the designation of potentially dangerous dog as issued in the written Notice of Potentially Dangerous Dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the Notice by the Animal Control Authority. Subsection 3: Hearing (1) If an owner requests a hearing within ten (10) days of the date of the Notice for determination as to the potentially dangerous nature of the dog, the hearing shall be held before a hearing officer not more than ten (10) days after demand for said hearing. (2) The hearing shall be conducted pursuant to the requirements of Section 7, Subsection 3 of this Ordinance. (3) After considering all evidence pertaining to the dog, the hearing officer shall issue a written order which rejects or upholds the determination. If the hearing officer upholds the determination as potentially dangerous, the order may affirm or modify the conditions 070710 Sherburne County Dog Ordinance 14