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(i) A description of the dog deemed to be dangerous; <br />(ii) The factual basis for that determination; and <br />(iii)The identity of the official who made the determination. <br />(2) The Notice shall also set forth the registration requirements and other restrictions imposed <br />upon a dangerous dog under this Ordinance or Minnesota Statutes Chapter 347. <br />(3) The Notice shall also advise the owner(s) that they have .ten (10) days to appeal the <br />determination by requesting a hearing before the hearing officer, and shall include a pre- <br />printed form which the owner can use to request a hearing. The request for a hearing shall <br />be made directly to the Animal Control Authority, and either a verbal or written request is <br />sufficient. <br />(4) If the owner does not request a hearing within the allotted ten (10) days, the designation of <br />dangerous dog as issued in the written Notice of Dangerous Dog will stand, and the owner <br />will be subject to all restrictions and requirements as set forth in the Notice by the Animal <br />Control Authority. <br />Subsection 3: Hearing <br />(1) If an owner, within 10 days of the date of the Notice, requests a hearing for determination as <br />to the dangerous nature of the dog, the hearing shall be held before a hearing officer not <br />more than ten (10) days after the Animal Control Authority is notified of the owner's request <br />for a hearing. Any dog owner who requests such a hearing is liable to the County for all <br />costs and expenses related to the hearing. <br />(2) Pending the a hearing, the dog may be seized and kept at animal control unless the owner <br />shows proof that the dog is properly licensed, if required; has met the requirement for rabies <br />vaccinations; keeps the dog only in a proper enclosure unless restrained on a leash with a <br />muzzle; and otherwise demonstrates to the Animal Control Authority that the dog, under its <br />present circumstances, does not present an unreasonable risk of harm to persons or other <br />domestic animals. <br />(3) The records of the Animal Control Authority, any police reports relating to an attack or bite, <br />medical records, and all reliable hearsay shall be admissible for consideration by the hearing <br />officer without further foundation. <br />(4) The Animal Control Authority shall be represented by the Sherburne County Attorney's <br />Office. The owner may be represented by private legal counsel, although the owner does not <br />have the right to an attorney at public expense. <br />(5) At the hearing, both the owner and the Animal Control Authority may present the testimony <br />of live witnesses, cross-examine witnesses, and present documentary evidence. The Animal <br />Control Authority, and the dog's owner, may apply to the District Court for subpoenas for <br />hearings. <br />070710 Sherburne County Dog Ordinance g <br />