2011.03.07 ORD 2011-455 - Laserfiche WebLink

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Ordinance 2011-455 6. a summary statement as to why the dog should not be declared dangerous or potentially dangerous; and b) The dog owner must provide a written behavioral assessment to the hearing officer. The behavioral assessment shall be prepared by a licensed veterinarian or certified animal professional and shall describe the dog's normal behaviors toward unknown persons, and may include recommendations regarding the dangerous or potentially dangerous dog determination, future care and training, and possible re-evaluation of the dog. 6) Hearing procedure. a) Any hearing must be held within fourteen (14) days of the appeal to determine the validity of the dangerous dog declaration. The city shall mail written notice of the hearing to the owner requesting the hearing to the address provided on the request and to any person who was an alleged victim of the dog that is subject of the hearing. b) The hearing officer shall be the City Administrator or an impartial person designated by the City Administrator to conduct the hearing. "Impartial" means that the hearing officer did not have any direct involvement in the original determination that the dog is a dangerous dog or potentially dangerous dog c) At the hearing, the parties shall have the opportunity to present evidence in the form of exhibits and testimony. Each party may question the other party's witnesses. The strict rules of evidence do not apply and the records of the animal control authority are admissible without further foundation. d) The Hearing Officer may add, remove, or modify all conditions deemed appropriate by the Animal Control Authority for a potentially dangerous dog. In addition, the hearing officer may reevaluate the status of the dog after a specified time period or upon completion of any required dog training and may remove the potentially dangerous dog designation at that time. e) The Hearing Officer shall make written findings of fact and reach a written conclusion as to whether the dog is a dangerous dog or potentially dangerous dog pursuant to this chapter, within ten (10) days after the hearing. The decision must be delivered to the dog's owners by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. f) The decision of the Hearing Officer is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a Writ of Certiorari not more than thirty (30) days after service of the hearing officer's written decision. Sec. 10-36 — Police Dogs This chapter shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities. 10