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ORD 09-08
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ORD 09-08
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Last modified
10/16/2013 1:25:42 PM
Creation date
8/27/2009 3:12:08 PM
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City Government
type
ORD
date
8/17/2009
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Statutes, Section 347.52, paragraphs (a) and (e) regarding Proper <br />Enclosures and notification to the City upon transfer or death of the dog, <br />until such time as the hearing officer issues an opinion; <br />(4) A statement that if the hearing officer affirms the Dangerous Dog <br />declaration, the Owner will have 14 days from receipt of that decision to <br />comply with all other requirements of Minnesota Statutes, Sections <br />347.51, 347.5 15, and 347.52; <br />(5) A form to request a hearing; and <br />(6) A statement that if the dog has been seized, all Maintenance Costs of the <br />care, keeping, and disposition of the dog pending the outcome of the <br />hearing are the responsibility of the Owner, unless a court or hearing <br />officer finds that the seizure or impoundment was not substantially <br />justified by law. <br />(b) Right to Hearing. <br />(1 } After a dog has been declared Dangerous, Potentially Dangerous or has <br />been seized for destruction, the Owner may appeal in writing to the_ City <br />within 14 days after notice of the declaration or seizure. Failure to do so <br />within 14 days of the date of the notice will terminate the Owner's right to <br />a hearing. The owner must pay a $100 fee for an appeal hearing. <br />(2) The appeal hearing will be held within 14 days of the request. The <br />hearing officer must be an impartial employee of the City or an impartial <br />person retained by the City to conduct the hearing. <br />(3) Pending the hearing, the dog may be seized and kept by the animal control <br />authority unless the owner shows proof that the dog is properly licensed <br />and has met the requirements for rabies vaccinations; keeps the dog in a <br />proper enclosure unless restrained on a leash with a muzzle and otherwise <br />demonstrates to the animal control authority that the dog under its present <br />circumstances does not present an unreasonable risk of harm to persons or <br />other domestic animals. <br />(4) The records of the animal control authority, any police reports relating to <br />an attack or bite, medical records and all reliable hearsay shall be <br />admissible for consideration by the hearing officer without further <br />foundation. <br />(5) The animal control authority may be represented by the City of Elk River <br />prosecutor's office. The owner may be represented by private legal <br />counsel, although the owner does not have the right to an attorney at <br />public expense. <br />InM <br />
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