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FINAL DRAFT Lino Lakes Animal Ordinance 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 such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in Subd. 3.b. When an animal is declared potentially dangerous, the animal control officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. 5. Evidence justifying designation. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: a. That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in Subd. 3.a. b. That the animal has been declared potentially dangerous and such animal has then bitten, attached, or threatened the safety of a person or domestic animal as stated in Subd. 3.a. 6. Authority to order destruction. The animal control officer, upon finding 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 (1) 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 having determined that an animal is dangerous, may proceed in the following manner: a. The animal control officer shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the city council for a review of this determination. Amended Draft Jan. 2008 Page 14 of 19