07/12/1995 P&Z Packet (2) - Laserfiche WebLink

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Subd 3 dangerous or potentially dangerous animal is owned by a resident of the City, the Chief of Police or designated agent shall determine whether the animal should be removed from the City, or whether it would be sufficient for the animal's owner to comply with Minnesota's dangerous dog statute, Minnesota Statutes Sections 347.50, et. sea. Upon making the determination, the Police Chief or designated agent shall send a notice to the animal's owner via certified mail, return receipt requested. The notice shall provide: (i) that the animal has been classified as dangerous or potentially dangerous; (ii) either that the animal must be permanently removed from the City or that the owner must comply with the requirements of Minnesota's dangerous dog statute; (iii) that the owner may appeal the classification and determination by hand -delivering an enclosed appeal form to the Police Department within fourteen (14) days from the date of the notice; (iv) and that, if the owner fails to appeal, the owner must comply with the notice of the Police Chief by either permanently removing the animal from the City or, if allowed by the Police Chiefs determination, to comply with the Minnesota dangerous dog statute. If the owner of an animal elects to appeal, the appeal shall be referred to the City Council for a hearing. The City Administrator shall notify the owner of the animal by certified mail, return receipt requested, of the time and date of the hearing. Notice must be given at least fourteen (14) days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during such hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. Subd 4 If the City Council declares the animal to be dangerous or potentially dangerous, the City Administrator shall notify the owner of the animal by certified mail, return receipt requested, that the City Council has declared the animal dangerous or potentially dangerous, and has ordered either that the animal be permanently removed from the City, or that the owner comply with the requirements of Minnesota's dangerous dog statute, as the case may be. Subd 5 The owner of any animal declared dangerous or potentially dangerous must comply with the Police Chiefs or the City Council's order, as the case may be, within fourteen (14) days from the Police Chiefs notice in the event that the owner did not appeal, or within fourteen (14) days from the City Administrator's notice. Subd 6 If the owner of an animal that has been declared dangerous or potentially dangerous fails to comply with the Police Chiefs or City Council's order, the animal control authority and/or police shall seize the animal. If the owner was ordered to remove the animal, the seized animal may be immediately destroyed. If the owner was ordered to comply with the Minnesota dangerous dog statute, the seized animal shall be housed at the appropriate animal shelter facility at the owner's expense for Page 13