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2024 01-16 CC Packet
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2024 01-16 CC Packet
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City Council Packets
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9 <br />SECTION 11. DISEASED OR VICIOUS DOGS. No owner shall keep or allow to <br />run at large any diseased dog or any dog of a ferocious or vicious character, <br />habit or disposition. <br /> <br />SECTION 12. DANGEROUS/POTENTIALLY DANGEROUS DOGS. The <br />provisions of Minnesota Statutes, Sections 347.50 through 347.56, inclusive, are <br />hereby adopted as the potentially dangerous and dangerous dog regulations for <br />the Town of White Bear. Where a conflict exists between the provisions of the <br />Town Ordinances and the provisions of Minnesota Statutes, Sections 347.50 <br />through 347.56, inclusive, the provisions of the Minnesota Statutes shall apply. <br /> <br />12-1. INITIAL DETERMINATION. The Town's designated Animal <br />Control Authority shall be responsible for initially determining (Initial <br />Determination) whether a dog is a potentially dangerous dog or a dangerous dog. <br />The Animal Control Authority may retain custody of a dog which has been initially <br />determined to be a dangerous dog pending the hearing as hereinafter prov ided. <br />The Initial Determination shall be conclusive unless the owner appeals the Initial <br />Determination as hereinafter provided. <br /> <br />12-2. NOTICE OF INITIAL DETERMINATION. The Notice of Initial <br />Determination shall be personally served on the owner of the dog or on a person <br />of suitable age at the residence of such owner. The Notice of Initial <br />Determination shall describe the dog deemed to be potentially dangerous or <br />dangerous; shall identify the officer making the Initial Determination; and shall <br />inform the owner of the owner’s right to appeal the Initial Determination. <br /> <br />12-3. REQUEST FOR HEARING AND HEARING. An owner may appeal <br />the Initial Determination by filing a Request for Hearing with the Town Clerk <br />within five (5) days of the owner’s receipt of the No tice of Initial Determination. A <br />hearing shall be held within seven (7) days after the Town’s receipt of the <br />Request for Hearing. The Town Clerk shall assign a Hearing Officer who shall <br />not be the person who made the Initial Determination. At the hearin g, the <br />Hearing Officer shall consider the reports and comments of the Animal Control <br />Authority, the testimony of any witnesses, witness statements, and the comments <br />of the owner of the dog. After considering all of the evidence submitted, the <br />Hearing Officer shall make written findings and shall determine whether the dog <br />is a potentially dangerous dog or a dangerous dog (Final Determination). The <br />findings shall be made within five (5) days of the date of the hearing and shall be <br />personally served upon the owner of the dog or upon a person of suitable age at <br />the residence of the owner. <br /> <br />12-4. SEIZURE OF DANGEROUS DOG. The Animal Control Authority <br />shall immediately seize any dangerous dog if, within fourteen (14) days after the <br />service of the Notice of Final Determination declaring a dog to be a dangerous <br />dog: <br />
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