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<br />~ <br />---t\~ HILLS <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />April 9, 2007 <br /> <br />AGENDA ITEM: 4.B. <br /> <br />TO: <br /> <br />Honorable Mayor and City Council Members <br />Michelle A. Wolfe, City Administrator <br /> <br />Schawn Johnson, Assistant City Administrator~ <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />Motion to Approve the Memorandum of Understanding between the <br />Ramsey County Sheriffs Department and the City of Arden Hills dated <br />April 9, 2007, for Providing a Hearing Examiner for Potentially <br />Dangerous or Dangerous Dog Hearing Appeals- <br /> <br />ENCLOSURES: <br /> <br />Proposed Memorandum of Understanding Between the Ramsey County <br />Sheriffs Department and the City of Arden Hills <br /> <br />Overview <br />On September 25, 2006, the Arden Hills City Council adopted Ordinance No. 380 amending the <br />Animals and Pets chapter of the Arden Hills City Code. Section 400.04, Subd. C. of the Arden <br />Hills City Code identifies the appeal process the owner and the City must follow if a dog is <br />deemed dangerous or potentially dangerous by the City's Animal Control Officer. The appeal <br />section of the Animal and Pets chapter ofthe City Code reads as follows: <br /> <br />Appeal. An owner may appeal a determination that a dog is a potentially dangerous or <br />dangerous dog by filing a written notice for a hearing to the City Administrator within ten <br />(10) days of the owner's receipt of the notice. If an owner files a timely appeal, a hearing <br />shall be held within thirty (30) days after the City's receipt of the appeal. The City <br />Administrator shall assign a hearing examiner to hear the appeal. The hearing examiner <br />may be a City employee, provided the employee has not been involved in determining if <br />the dog was potentially dangerous or dangerous. During the hearing the Minnesota rules <br />of evidence do not need to be strictly followed and the records of the Animal Control <br />Officer or law enforcement officer shall be considered without further foundation. After <br />considering all ofthe evidence submitted, the hearing examiner shall make written <br />findings of 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 (10) working days <br />after the hearing and shall be thereafter personally served upon the owner or a person of <br />suitable age at the residence of such owner. The decision of the hearing examiner shall <br />