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Ordinance No. 140 Domestic Animals Page 8 of 14 Section 9. Vicious and Rabid Dogs. 1. Biting Animals Quarantined. Whenever any animal, other than a dog subject to the regulations of Section 7 8 of this Ordinance, has bitten a person, the owner or harborer custodian of such animal, having been so notified, either orally or in writing, shall immediately quarantine said animal at the owners’ or harborers’ custodian’s home or other suitable place of confinement, as directed by the law enforcement or Animal Control officer of the City for a period of fourteen (14) days after the occurrence. During the quarantine period, the animal shall be securely confined in a building or in a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave said enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or animals. 2. Rabid Animals. Upon a reasonable suspicion that an animal may be rabid, th e animal shall be subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. The confinement, testing, and treatment, in addition to all other expenses incurred as the result of an animal biting a person shall be the sole expense to the owner or harborer custodian of said animal. Section 8 10. Dangerous / Potentially Dangerous Dogs. 1. Incorporation of Statute. The provisions of M.S., Sections 347.50 through 347.565, inclusive, are hereby adopted as the potentially dangerous and dangerous dog regulations for the City. Where a conflict exists between the provisions of the City Ordinances, and the provisions of M.S., Sections 347.50 through 347.565, inclusive, the more restrictive provision shall apply. 2. Initial Determination. The City’s designated Animal Control Authority shall be responsible for initially determining (“Initial Determination”) whether a dog is a potentially dangerous do g or a dangerous dog. The Animal Control Authority may retain custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The Initial Determination shall be conclusive unless the owner appeals the Initial Determination as herein after provided. 3. Notice of Initial Determination. The Notice of Initial Determination shall be personally served on the owner of the dog or on a person of suitable age at the residence of such owner. The Notice of Initial Determination shall describe the dog deemed to be potentially dangerous or dangerous; shall identify the time, place and circumstances under which the dog was declared dangerous; shall identify the officer making the Initial Determination; and shall inform the owner of the owner’s right to appeal the Initial Determination within 14 days of the date of notice. The notice shall also inform the owner that compliance with 7.4.1 and 7.4.3 of this Ordinance until the appeal is decided, and that all actual costs of care, keeping and disposition of the dog are the responsibility of the owner. 4. Request of Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for Hearing with the City Administrator within fourteen (14) days of the owner ’s receipt of the Notice of Initial Determination. A hearing shall be held within fourteen (14) days after the City’s receipt of the Request for Hearing. The City Administrator shall assign a Hearing Officer who shall not be the person who made the Initial Determination. At the hearing, the Hearing Officer shall consider the reports and comments of the Animal Control Authority, the testimony of any witnesses, witness statements, and the comments of the owner of the dog. After considering all of the evidence submitted, the Hearing Officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (Final Determination). The Hearing Officer shall apply the definitions of Section 2.3 in making a determinatio n, but shall not declare a dog dangerous if the evidence at hearing shows it is more likely than not that the threat, injury, or damage was sustained by a person: 1. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the dog; or 2. Who was provoking, tormenting, abusing, or assaulting the dog or who has repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or