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2024 02-20 CC Packet
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2024 02-20 CC Packet
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Ordinance No. 140 Domestic Animals Page 12 of 14 <br /> <br />1. The owner has not registered the do g in compliance with the provisions of Section 7 <br />8.3 within fourteen (14) days after the service of the Notice of Final Determination <br />declaring a dog to be a dangerous dog. <br /> <br />2. The owner does not secure the proper liability insurance pursuant to Section 7 8.3 <br />within fourteen (14) days after the service of the Notice of Final Determination <br />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 <br />a responsible person. <br /> <br />5. The dangerous dog is not sterilized within thirty (30) days as required by Section 7.4.6 <br />8.6.6. <br /> <br />6. Seizure is ordered by the District Court upon conviction of the owner for a crime <br />related to the keeping of a dangerous dog. <br /> <br />9. Reclaiming a Dangerous Dog. Unless otherwise ordered by the District Court, a dangerous dog may be <br />reclaimed by the owner of the dog upon payment of the impounding and boarding fees, and upon <br />presentation of proof to the Animal Control Authority that the requirements of Sections 7.3 and 7.4 10.5 <br />and 10.6 have been satisfied. A dangerous dog not reclaimed under this provision within seven (7) days <br />may be disposed of as provided in M.S., Section 35.71, Subdivision 3, and the owner shall be liable to the <br />Animal Control Authority for costs incurred in confining and disposing of the dangerous dog. Any person <br />claiming an interest in a seized dog may prevent disposition of the dog by posting security, by cash or letter <br />of credit, in an amount sufficient to provide for the dog’s actual cost o f care and keeping. The security must <br />be posted within seven (7) days of the seizure inclusive of the date of seizure. A dangerous dog seized <br />under M.S., section 347.54, subdivision 1 may be reclaimed by the owner of the dog upon payment of <br />impounding and boarding fees, and presenting proof to the appropriate animal control authority that the <br />requirements of sections 347.51 and 347.52 will be met. A dog not reclaimed under this subdivision within <br />seven (7) days may be disposed of in a manner permitted by la w, and the owner is liable to the animal <br />control authority for costs incurred in confining and disposing of the dog . <br /> <br />10. Review of Status for Persons Prohibited from Owning Dogs. A person barred from owning a dog under <br />M.S. §347.542, subd. 1 may request that the City Council review the prohibition. No request for review <br />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 <br />relating to the review, including but not limited to the seriousness of the violation or violations that led to <br />the prohibition, any criminal convictions of the person under review, and any other appropriate factors. The <br />Animal Control Authority may recommend continuing the prohibition, rescinding the prohibition with <br />limitations upon ownership, or completely rescinding the prohibition. The City Council, in addition to <br />acting on the recommendation, may also establish conditions that the person must meet before a prohibition <br />is partially or completely rescinded, including, but not limited to, successfully completing dog training or <br />dog handling courses. A person under prohibition may only make one (1) request for review in any twelve - <br />month period, regardless of outcome. If a person has a prohibition rescinded, in full or in part, by the City <br />Council, and subsequently fails to comply with any limitation imposed by the Council or is again convicted <br />of an animal violation involving unprovoked bites or att acks, the City Council may permanently prohibit <br />the person from owning a dog in the State of Minnesota. <br /> <br />11. Confiscation of Dangerous Dog. If the owner of a dangerous dog has been convicted of a misdemeanor <br />violation of M.S. §347.51, §347.515, or §347.52, and the owner is charged with a subsequent violation of <br />those statutes with the same dog, the Animal Control Authority shall immediately seize the dangerous dog <br />and hold it until resolution of the new criminal charges. The Animal Control Authority shall follo w the <br />directives of the District Court regarding disposition of the dog. If the owner is not convicted of the
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