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recommended by the Animal Control Authority. If, as a result of testimony or other evidence <br />at the hearing, there are grounds for declaring the dog to be a dangerous dog pursuant to <br />Section 7 of this Ordinance, the hearing officer may change the designation and issue the <br />appropriate orders. <br />(4) Any owner aggrieved by the decision of the hearing officer may, within five (5) business <br />days of the date the hearing officer's order is filed, seek review of the Order by filing the <br />appropriate pleadings for hearing before the District Court. The owner is responsible to pay <br />all Court-imposed filing fees. The District Court shall conduct a hearing within thirty (30) <br />days of such demand. The District Court shall review the matter on a de novo basis, and <br />issue its written finding of fact and order within a reasonable time of its hearing. <br />Subsection 4: Exemption <br />A dog may not be declared potentially dangerous if the threat, injury, or damage was sustained <br />by a person who: <br />(1) Was committing, at the time, a willful trespass or other tort upon the premises occupied <br />by the owner of the dog; or <br />(2) Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have <br />repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or <br />(3) Who was committing or attempting to commit a crime against the owner or the Owner's <br />property. <br />Subsection 5: Review of designation <br />The Animal Control Authority, or Hearing Officer, may review the status of a dog which has <br />been determined to be potentially dangerous if a period of two (2) years has passed without any <br />further incidents or violations of this Ordinance, and may use discretion in determining whether <br />any conditions which have been ordered are still required. If before a Hearing Officer, the <br />burden of proof shall be upon the dog's owner and the standard of proof shall be by clear and <br />convincing evidence. <br />SECTION 11-POTENTIALLY DANGEROUS DOGS; REQUIREMENTS. <br />Subsection 1: Microchipping <br />Any dog that has been determined to be potentially dangerous shall be microchipped in <br />accordance with Section 12 of this Ordinance. <br />Subsection 2: Other restrictions <br />Any dog determined to be potentially dangerous may be subject to any or all of the following <br />restrictions, as determined by the Animal Control Authority or the hearing officer: <br />070710 Sherburne County Dog Ordinance 15 <br />