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Page 2 of 3. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall have no openings in the wire greater than two inches; and 4. An entrance /exit ga t e shall be provided and be constructed of the same material as the sidewalls and also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (d) UNPROVOKED. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed.. (4) Designation as potentially dangerous animal. The animal control officer shall designate any animal as a potentially dangerous animal upon receiving evidence that a potentially dangerous animal has, when unprovoked, then bitten, attacked or threatened the safety of a person or a domestic animal as stated in division (3)(b) above. When an animal is declared potentially dangerous, the animal control officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. (5) Evidence justifying designation. The animal control officer shall have the authority to designate any animal a dangerous animal upon receiving evidence of the following: (a) The animal has, when unprovoked, bitten, attacked or threatened the safety of a person or domestic anima as stated in division (3)(a) above; or (b) The animal has been declared potentially dangerous and the animal has then bitten, attached or threatened the safety of a person or domestic animal as stated in division (3)(a) above. (6) Authority to order destruction. The animal control officer, upon fording that an animal is dangerous • hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact: (a) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (b) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. 7 Procedure. The animal control officer after havin determined that an animal is dan • erous ma •roceed in the following manner. (a) The animal control officer shall cause one owner of the animal to be notified in writing or in person that t animal is dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified to dates, times, places and parties bitten and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination., 1. If no appeal is filed, the orders issued will stand or the animal control officer may order the animal destroyed. 2. If an owner requests a hearing for determination as to the dangerous nature of the animal, the heart shall be held before the City Council, which shall set a date for hearing not more than three weeks after demand hearing. The records of the animal control or City Clerk's office shall be admissible for consideration by the anim control officer without further foundation. After considering all evidence pertaining to the temperament of the animal http:// www .amlegal.com/nxt/gateway.dll/ Minnesota / linolakes_ rnn/ 500generalregulations /chapter503 ani... 11 /18/2C