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§ 95.026 PROCEEDINGS FOR DESTRUCTION OF CERTAIN DOGS. (A) Upon sworn complaint to district court that anyone of the following facts exist: (1) That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; (2) That any dog is vicious or shows vicious habits, or molests pedestrians; (3) That any dog is a public nuisance as defined in M.S. § 561.01, as it may be amended from time to time; and/or (4) That any dog violates its quarantine contrary to the provisions of the chapter. (E) The district court shall issue a summons directed to the owner or person having possession of the dog commanding the owner or person in possession to appear before the court and show cause why the dog should not be disposed of as authorized in this code, The summons shall be returnable not less than 2 nor more than 6 days from the date of delivery and shall be served at least 2 days before the time to appear mentioned in the summons. If, at the hearing, the district court finds that the facts stated in the complaint are true, the judge may either order: the owner or custodian to keep the dog confined to a designated place; the owner or custodian to remove the dog from the city; or humanely euthanized by certified veterinary staff. If the owner or custodian disobeys the order, the owner or custodian shall, upon the filing of a complaint and after a hearing and conviction before a district court, be liable to the punishment provided for violation of this chapter. Any Animal Control Officer may, upon disobedience of the order, impound and order the humane euthanasia of any dog describe in the order of the district court. The provisions of this section are in addition to and supplemental to other provisions of this code. Costs of the proceeding specified by this section shall be assessed against the owner or custodian of the dog. (Ord. 08-088, passed 10-15-2013) § 95.027 PROHIBITION OF UNSECURED FEMALE DOGS OR CATS IN HEAT. (A) It shall be unlawful for any person to own, harbor, keep, or have in their possession or on their premises any unsecured female dog or cat in heat. (B) Any unsecured female dog or cat in heat shall be deemed to be any female dog or cat which is not confined in a building or secured in a manner that the dog or cat cannot come into contact with another animal except for planned breeding. (Ord. 08-088, passed 10-15-2013) Penalty, see § 10.99 § 95.028 LIABILITY. The city and/or its animal control agents shall not be liable to any person for the death, destruction, damage, injury or disease caused to any animal that has been impounded pursuant to this chapter. (Ord. 08-088,passed 10-15-2013) DANGEROUS AND POTENTIALLY DANGEROUS DOGS § 95.040 DANGEROUS DOGS; REPORTING AND NOTIFICATION. (A) Incident report. The Animal Control Officer shall complete an "incident report" on any incident listed in the definition for "dangerous dog" in § 11.01. (B) Notice declaring a dangerous dog. The Animal Control Officer shall provide the animal owner with a "notice to declare dog dangerous" for any incident listed in the definition for "dangerous dog" in § 11.01. The Animal Control Officer shall provide written notice to the City Clerk/Administrator that a "notice to declare dog dangerous" has been issued to an animal owner. (1) Every reasonable attempt should be made by the Animal Control Officer to deliver the "notice declaring a dangerous dog" to the animal owner in person.