2008-003 Council Ordinances - Laserfiche WebLink

Home Search

and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of Subd. 3. If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under Section 503.15, Subd. 6 and the owner is liable to the animal control for the costs incurred in confining, impounding, and disposing of the animal. 503.17 FORFEITURE OF OWNERSHIP RIGHTS. 1. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: a. a public nuisance animal; b. a wild animal; and c. a maltreated animal. In addition, the ownership rights of other animals owned by the same owner may be forfeited if he/she has demonstrated an inability or unwillingness to properly care for or control the animal in order to prevent it from becoming a public nuisance animal or a maltreated animal. 2. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his/her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. 3. The owner shall be given fourteen (14) days from the date of the notice to appeal the forfeiture decision by requesting a hearing before city council for a review of this determination. i. If no appeal is filed, the forfeiture decision will stand. ii. If an owner requests a hearing for determination as to the forfeiture of his ownership rights, the hearing shall be held before the city council, which shall set a date for hearing not more than three (3) weeks after demand for the hearing. The records of the animal control or city clerk's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence, the city council shall make an order as it deems proper. 4. If the animal is deemed forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Paque 18 420