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04-09-07 Item 4B, Hearing Examiner for Dangerous Dog Appeals
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04-09-07 Item 4B, Hearing Examiner for Dangerous Dog Appeals
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6/25/2007 4:15:25 PM
Creation date
4/6/2007 11:43:07 AM
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04-09-07 Item 4B, Sheriffs Dept MOU
General - Type
Agenda Item
Category
Memo of Understanding on Dangerous Dog
Date
4/9/2007
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<br />(8) Notice. Upon a determination by the Animal Control Officer or other <br />law enforcement officials that a dog is a potentially dangerous or <br />dangerous dog, the City shall provide the owner with notice of the <br />determination by personally serving the owner or a person of suitable <br />age at the residence of such owner. The notice shall describe the dog <br />deemed to be a potentially dangerous or dangerous dog; shall identify <br />the officer making the determination; and shall specify the facts relied <br />upon by the officer in making the potentially dangerous or dangerous <br />dog determination. If the officer determines that the dog is a <br />potentially dangerous or a dangerous dog, the notice shall also inform <br />the owner of the owner's rights to appeal the determination. <br /> <br />(C) Appeal. An owner may appeal a determination that a dog is a <br />potentially dangerous or dangerous dog by filing a written notice for a <br />hearing to the City Administrator within ten (10) days of the owner's <br />receipt of the notice. If an owner files a timely appeal, a hearing shall <br />be held within thirty (30) days after the City's receipt of the appeal. <br />The City Administrator shall assign a hearing examiner to hear the <br />appeal. The hearing examiner may be a City employee, provided the <br />employee has not been involved in determining if the dog was <br />potentially dangerous or dangerous. During the hearing the Minnesota <br />rules of evidence do not need to be strictly followed and the records of <br />the Animal Control Officer or law enforcement officer shall be <br />considered without further foundation. After considering all of the <br />evidence submitted, the hearing examiner shall make written findings of <br />fact and shall determine whether the dog is a potentially dangerous or a <br />dangerous dog. The findings and conclusions shall be made within ten <br />(10) working days after the hearing and shall be thereafter personally <br />served upon the owner or a person of suitable age at the residence of <br />such owner. The decision of the hearing examiner shall be the final <br />decision of the City. If a timely appeal is not filed, the owner of a <br />dangerous dog must comply with the requirements set forth in this <br />section and Minnesota Statutes Sections 347.50 through and including <br />347.56. <br /> <br />(D) Dangerous Dog Restrictions. <br /> <br />1. Registration Required. No person may own a dangerous dog in <br />the City of Arden Hills unless the dog is registered as provided in <br />this section. The Animal Control Officer shall issue a certificate <br />of registration to the owner of the dangerous dog if the owner <br />presents the following information: <br /> <br />(a) Proper Enclosure. A Proper Enclosure exists for the <br />dangerous dog and there is a posting on the premises with <br /> <br />4-9 <br />
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