Ordinance No. 140 Domestic Animals

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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 determination, 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: 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 Who was committing or attempting to commit a crime. The findings shall be made within ten (10) days of the date of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the residence of the owner. If the Hearing Officer upholds the dangerous dog determination, the dog's owner shall be responsible for paying the actual costs of the hearing, up to $1,000. 5. Dangerous Dog Restrictions. Registration Required. No person may keep a dangerous dog in the City of Gem Lake unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a certificate of registration to the owner of the dangerous dog if the owner presents the following information: 1. Secure Enclosure. A Secure enclosure exists for the dangerous dog and there is a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property. 2. Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least $300,000.00, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $300,000.00, insuring the owner for any personal injuries inflicted by the dangerous dog. 3. Registration Fee. The owner shall pay a dangerous dog registration fee of $500.00, in addition to standard dog licensing fees. 4. Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority with the costs borne by the dog's owner. 5. Warning Symbol. The owner has posted a warning symbol to inform children that there is a dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. 2. Tag. The dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the Uniform Dangerous Dog symbol, affixed to the dog's collar at all times. Photograph. The owner of the dangerous dog shall make the dog available to be photographed for identification by the Animal Control Authority at a time and place specified by the Animal Control Authority. 6. Dangerous Dog Regulations. Muzzling. A dangerous dog shall be kept in a secure enclosure while on the owner's property. If the dangerous dog is outside a Secure Enclosure, the dog must be muzzled and restrained by substantial chain or leash and be under the physical restrains of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. 2. Annual Renewal. The owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. The owner of a dangerous dog shall pay the fee set forth in section 8.5.3 above, in addition to any regular dog licensing fees, to obtain a renewal certificate of registration for a dangerous dog under this section. If the dog is removed from the City, it must be registered as a dangerous dog in its new jurisdiction. Ordinance No. 140 Domestic Animals Page 6 of 10