05-13-09 Council Agenda - Laserfiche WebLink

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harbor any dog which is considered a barking dog. A dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property upon which the dog is situated or when the dog is teased or provoked. 1101.160. RABIES CONTROL. (A) The Minnesota Health Laws and Regulations are hereby adopted in cases of rabid animals which have bitten any person or animals suspected of being rabid. (B) It shall be the duty of every physician to report to the City the names and addresses of persons treated for bites inflicted by animals together with other information helpful in rabies control. (C) It shall be the duty of every licensed veterinarian to report to the City his diagnosis of any animal observed by him as a rabies suspect. 1101.170. DANGEROUS/POTENTIALLY DANGEROUS DOGS. The provisions of Minnesota Statutes, Sections 347.50 through 347,56, 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 Minnesota Statutes, Sections 347,50 through 347.56, inclusive, the more restrictive provision shall apply. (A) Initial Determination. The City's designated Animal Control Authority shall be responsible for initially determining ("Initial Determination") whether a dog is a potentially dangerous dog 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 Initiat Determination as hereinafter provided. (B) 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 appeat the Initial Determination within 14 days of the date of notice, The notice shall also inform the owner that compliance with (F)(1) and (F)(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. (C) Request of Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for hIearing with the City Administrator within fourteen (14) IlOI-7