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3. Reclaiming Impounded Animals.
<br />Any non -regulated domestic animal impounded hereunder may be reclaimed by the owner or harborer of same
<br />within ten (10) days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal holidays,
<br />upon payment to the City of an impounding fee as established by the city from time to time together with the actual
<br />costs incurred for boarding.
<br />2. Any regulated animal impounded hereunder may be reclaimed by the owner or harborer of same within five (5)
<br />days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal holidays, upon payment
<br />to the City of an impounding fee as established by the city from time to time together with the actual costs incurred
<br />for boarding.
<br />4. Selling of Impounded Animals.
<br />Any non -regulated domestic animal taken up and impounded that has not been reclaimed within the time provided
<br />herein, or if the owner or harborer cannot be located, then within five (5) days, the person in charge of the pound
<br />shall give five (5) days' notice of the time and place where said animal will be sold by posting notices in the office
<br />in charge of the pound, the office of the City Clerk, and in a conspicuous place at the pound. Should the person in
<br />charge of the pound be unable to sell said animal, for want of bidders or otherwise, that person cannot sell or to
<br />otherwise dispose of such animal thereafter without notice to the City.
<br />Any regulated animal taken up and impounded hereunder may be that is not reclaimed by the owner or harborer of
<br />same within five (5) days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal
<br />holidays, the animal may be sold or destroyed and the impounding fees to the City together with the actual costs
<br />incurred for boarding, notices and other such expenses along with reasonable legal and administrative fees shall be
<br />assessed to the owners' or harborers' property.
<br />5. Biting Animals Quarantined. Whenever any animal, other than a dog subject to the regulations of Section 7 of this
<br />Ordinance, has bitten a person, the owner or harborer of such animal, having been so notified, either orally or in writing, shall
<br />immediately quarantine said animal at the owners' or harborers' home or other suitable place of confinement, as directed by
<br />the law enforcement or Animal Control officer of the City for a period of fourteen (14) days after the occurrence. During the
<br />quarantine period, the animal shall be securely confined in a building or in a yard enclosed by a fence so constructed that the
<br />animal cannot escape or otherwise leave said enclosure, and which will not permit other animals or persons to enter, for the
<br />purpose of preventing the animal from biting or otherwise coming in contact with persons or animals.
<br />Rabid Animals. Upon a reasonable suspicion that an animal may be rabid, the animal shall be subjected to the necessary tests
<br />by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. The confinement, testing, and
<br />treatment, in addition to all other expenses incurred as the result of an animal biting a person shall be the sole expense to the
<br />owner or harborer of said animal.
<br />Animals Which Cannot be Impounded. If an animal is rabid, or otherwise diseased, vicious, or dangerous, and cannot be
<br />impounded after a reasonable effort or without serious risk to the law enforcement or Animal Control officer, impound
<br />employees, or others, such animal may be immediately killed.
<br />Section 8. Dangerous / Potentially Dangerous Dogs.
<br />1. Incorporation of Statute. The provisions of Minnesota Statutes, Sections 347.50 through 347.565, inclusive, are hereby
<br />adopted as the potentially dangerous and dangerous dog regulations for the City. Where a conflict exists between the
<br />provisions of the City Ordinances, and the provisions of Minnesota Statutes, Sections 347.50 through 347.565, inclusive, the
<br />more restrictive provision shall apply.
<br />2. Initial Determination. The City's designated Animal Control Authority shall be responsible for initially determining ("Initial
<br />Determination") whether a dog is a potentially dangerous dog or a dangerous dog. The Animal Control Authority may retain
<br />custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The
<br />Initial Determination shall be conclusive unless the owner appeals the Initial Determination as herein after provided.
<br />3. Notice of Initial Determination. The Notice of Initial Determination shall be personally served on the owner of the dog or on
<br />a person of suitable age at the residence of such owner. The Notice of Initial Determination shall describe the dog deemed to
<br />be potentially dangerous or dangerous; shall identify the time, place and circumstances under which the dog was declared
<br />dangerous; shall identify the officer making the Initial Determination; and shall inform the owner of the owner's right to
<br />appeal the Initial Determination within 14 days of the date of notice. The notice shall also inform the owner that compliance
<br />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
<br />the dog are the responsibility of the owner.
<br />4. Request of Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for Hearing with the
<br />City Administrator within fourteen (14) days of the owner's receipt of the Notice of Initial Determination. A hearing shall be
<br />Ordinance No. 140 Domestic Animals Page 5 of 10
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