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1999-05-12
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1999-05-12
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ten day period back to the owner. <br /> If the owner fails to reclaim the animal, the municipality must transfer the animal to <br /> any licensed institution that has requested the animal; unless, the animal wears a tag <br /> that specifically states that it may not be used for animal research." Otherwise, if the <br /> owner still fails to reclaim the animal and: 1) no licensed institution has requested the <br /> dog; or 2) the city was unable to transfer animal because it bore a no research tag; then <br /> the municipality may elect to destroy the animal." <br /> However, there is little private interest in harboring dangerous or potentially <br /> dangerous animals. Moreover, the general public has a significant interest in the <br /> prevention of dangerous or potentially dangerous animals roaming the streets. The <br /> government entity will have a substantial interest in controlling animals to satisfy its <br /> obligations to the public. Thus, while due process is a concern prior to killing a pet, <br /> summary destruction of a pet is justified and constitutional in some cases. <br /> When an animal presents an immediate danger to the safety and health of the public, <br /> no notice or hearing will be required prior to destruction. The circumstances must be <br /> such as to create a reasonable belief that such killing is necessary to prevent injury to <br /> persons or property and the probability of present or future depredations while giving <br /> reasonable regard to the value of the animal to be destroyed 8 For example, summary <br /> destruction is permissible where it necessary to prevent the spread of an animal <br /> epidemic for the immediate protection of the public8 On the other hand, the mere fact <br /> that a dog may be chasing another's livestock or pets, however, is not enough to <br /> justify killing the dog. Rather, there must be a reasonable belief that the killing was <br /> necessary for the protection of the livestock or pets8 <br /> VII. CHALLENGES TO ORDINANCES <br /> A. Invalid ordinances <br /> Any ordinance found unconstitutional will be struck down. But this is not the only <br /> remedy sought by those who challenge pet regulations. If an ordinance is struck down <br /> for being unconstitutional, it is likely that the plaintiff's attorney will seek attorney's <br /> fees as provided for by federal statute, 42 U.S.C. §1983. While the actual damages for <br /> such a lawsuit may be minimal, the award of plaintiff's attorney fees could make the <br /> lawsuit a very expensive one for the City. <br /> The Minnesota Council of Dog Clubs recently claimed damages under section 1983 of <br /> the United States Code. To receive section 1983 damages, plaintiffs must show: I) <br /> they were deprived of a federal right; and 2) that the person depriving them acted <br /> under the color of state law. Generally, section 1983 damages are to be awarded in <br /> cases of egregious conduct by municipal employees acting with apparent authority. <br /> Cases in which a municipality sought to enforce a ordinance later found to be <br /> unconstitutional does not present the type of egregious conduct that Section 1983 <br /> damages are designed to discourage 8 As a result, the Minnesota Council of Dog <br /> Clubs did not receive Section 1983 damages; even though it had been successful in <br /> L. tPC_OS777 '• 4199i1 WPO * Cop,n,n1 L °OK.(Mwmu Cuiu a IM <br /> 66 <br />
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