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2024 01-16 CC Packet
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2024 01-16 CC Packet
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Ordinance No. 140 Domestic Animals Page 8 of 10 <br /> <br />within the City of Gem Lake within thirty (30) days of the death or transfer. The notice must also provide the new <br />location where the dog will reside if moved. <br /> <br />4. Notice to Landlord. The owner of a potentially dangerous dog who rents property from another where the dog will <br />reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease <br />renewal that the person owns a potentially dangerous dog that will reside at the property. <br /> <br />5. Transfer of Ownership. The owner of a potentially dangerous dog must notify any new owner, whether by <br />purchase, donation or other transfer, that the City has identified the dog as a potentially dangerous dog. The <br />transferring or selling owner must also notify the Animal Control Authority in writing of the sale and provide the <br />Animal Control Authority with the new owner’s name, address, and telephone number. <br /> <br />6. Designation Review. Beginning six months after a dog is declared a dangerous dog or potentially dangerous dog, <br />an owner may request annually a review of the designation. The owner must provide evidence that the dog's <br />behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes <br />modification of aggressive behavior, or other factors. The owner shall submit a request for reconsideration to the <br />City Administrator, who shall then assign a Hearing Officer to consider the request, in Consultation with the <br />Animal Control Authority. If the Hearing Officer finds sufficient evidence that the dog's behavior has changed, the <br />Officer may rescind the dangerous dog or potentially dangerous dog designation. <br /> <br />7. Seizure of Dangerous Dog. The Animal Control Authority shall immediately seize any dangerous dog if: <br /> <br />1. The owner has not registered the dog in compliance with the provisions of Section 7.3 within fourteen <br />(14) days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog. <br /> <br />2. The owner does not secure the proper liability insurance pursuant to Section 7.3 within fourteen (14) <br />days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog. <br /> <br />3. The dangerous dog is not maintained in a secure enclosure. <br /> <br />4. The dangerous dog is outside a secure enclosure and not under the physical restraint of a responsible <br />person. <br /> <br />5. The dangerous dog is not sterilized within thirty (30) days as required by Section 7.4.6. <br /> <br />6. Seizure is ordered by the District Court upon conviction of the owner for a crime related to the keeping <br />of a dangerous dog. <br /> <br />8. Reclaiming a Dangerous Dog. Unless otherwise ordered by the District Court, a dangerous dog may be reclaimed <br />by the owner of the dog upon payment of the impounding and boarding fees, and upon presentation of proof to the <br />Animal Control Authority that the requirements of Sections 7.3 and 7.4 have been satisfied. A dangerous dog not <br />reclaimed under this provision within seven (7) days may be disposed of as provided in Minnesota Statutes, Section <br />35.71, Subdivision 3, and the owner shall be liable to the Animal Control Authority for costs incurred in confining <br />and disposing of the dangerous dog. Any person claiming an interest in a seized dog may prevent disposition of the <br />dog by posting security, by cash or letter of credit, in an amount sufficient to provide for the dog’s actual cost of <br />care and keeping. The security must be posted within seven (7) days of the seizure inclusive of the date of seizure. <br /> <br />9. Review of Status for Persons Prohibited from Owning Dogs. A person barred from owning a dog under <br />Minnesota Statutes, § 347.542, subd. 1 may request that the City Council review the prohibition. No request for <br />review may be made before three years have passed from the date of conviction which caused the person to be <br />barred from dog ownership. The Animal Control Authority shall report to the City Council on matters relating to the <br />review, including but not limited to the seriousness of the violation or violations that led to the prohibition, any <br />criminal convictions of the person under review, and any other appropriate factors. The Animal Control Authority <br />may recommend continuing the prohibition, rescinding the prohibition with limitations upon ownership, or <br />completely rescinding the prohibition. The City Council, in addition to acting on the recommendation, may also <br />establish conditions that the person must meet before a prohibition is partially or completely rescinded, including, <br />but not limited to, successfully completing dog training or dog handling courses. A person under prohibition may <br />only make one (1) request for review in any twelve-month period, regardless of outcome. If a person has a <br />prohibition rescinded, in full or in part, by the City Council, and subsequently fails to comply with any limitation <br />imposed by the Council or is again convicted of an animal violation involving unprovoked bites or attacks, the City <br />Council may permanently prohibit the person from owning a dog in the State of Minnesota. <br /> <br />10. Confiscation of Dangerous Dog. If the owner of a dangerous dog has been convicted of a misdemeanor violation <br />of Minnesota Statutes §347.51, §347.515, or §347.52, and the owner is charged with a subsequent violation of those <br />statutes with the same dog, the Animal Control Authority shall immediately seize the dangerous dog and hold it <br />until resolution of the new criminal charges. The Animal Control Authority shall follow the directives of the
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