Ordinance No. 140 Domestic Animals

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