05-13-09 Council Agenda - Laserfiche WebLink

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days of the owner's receipt of the Notice of Initial Determination. A hearing shall be held within fourteen (14) days after the City's receipt of the Request for I-fearing. The City AdminisUator shall assign a Hearing Officer who shall not be the person who made the Initial Determination. At the hearing, the Dearing 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 }Tearing Officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (Final Determination). The I-Tearing Officer shall apply the criteria in 1101.010 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: (I) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the dog; (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 (3) 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. Tf 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. (D) Dangerous Dog Restrictions. (1) Registration Required. No person may keep a dangerous dog in the City of Tittle Canada 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: (a) Secure Enclosure. A Secure enclosure exists for the dangerous dog and there is a posting on the premises with a clearly visible warniatg sign, including a warning symbol to inform children, that there is a dangerous dog on the property. (b) Bond/Insurance. A surety bond issued by a surety company authorized to conduct business iu the State of Minnesota in a form acceptable to the Animal Control Authority in the sutn 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 1101-8 9