05-13-09 Council Agenda - Laserfiche WebLink

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impounding and boarding fees, and upon presentation of proof to the Animal Control Authority that the requirements of Sections D and ~ have been satisfied. A dangerous dog not reclaimed under this provision within seven (7) days maybe 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 incun•ed 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 arnowrt sufficient to provide for the dog's actual cost of care and keeping. "I'Ire security must be posted within seven (7) days of the seizure inclusive of the date of seizm•e. (L) 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recommendation, may also establish conditions that the person must meet before a prohibition is partially or completely rescinded, including, but not limited to, successfully completing dog training or dog handling courses.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 If a person has a prohibition rescinded, in full or in part, by the City Council, and subsequently fails to comply with any limitation imposed by the Cowrcil or is again convicted of an animal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. (M) 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 District Court regarding disposition of the dog. If the owner is not convicted of the charges, the owner shall be notified of the right to reclaim the dog within seven (7) days consistent with other reclamations. (N) Destruction of Dog Under Certain Circumstances. Upon a Final Determination, following a hearing if one is requested, and not withstanding the other provisions of this Ordinance, a dangerous dog that: (i) inflicted substantial bodily harm or 1101-13 14