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(f) Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used by <br />law enforcement officials for police work. <br />(g) Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a <br />person: <br />(1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by <br />the owner of the dog; <br />(2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have <br />repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or <br />who was committing or attempting to commit a crime. <br />(3) <br />(h) Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag <br />identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the <br />dog's collar at all times. <br />(Ord. No. 12-11. § 3, 7-24-2012) <br />Sec. 10-66. - Hearing for dogs deemed dangerous or potentially dangerous. <br />The owner of a dog that has been deemed dangerous or potentially dangerous may request a hearing <br />to determine the validity of the dangerous or potentially dangerous dog declaration. If such a request is <br />made, the owner must immediately comply with provisions 1 of the notice, until the hearing examiner issues <br />an opinion. To appeal the dangerous or potentially dangerous dog declaration: <br />(a) A request, identifying with specificity the basis for the dog owner's objection to the declaration <br />shall be filed in writing with the office of the chief of police within 14 days after the date of the <br />service of the notice. Failure to do so within 14 days will terminate the owner's right to a hearing. <br />(b) A $250.00 filing fee shall be submitted with the appeal request. In the event that the dangerous <br />dog declaration is not upheld by the hearing examiner, the filing fee will be refunded to the dog's <br />owner. Per Minn. Stat. § 347.541, if the dangerous dog declaration is upheld by the hearing <br />examiner, actual expenses of the hearing up to a maximum of $1,000.00 will be the responsibility <br />of the dog's owner. <br />(c) A hearing shall be conducted within ten days, unless a later date is mutually agreed to by the <br />hearing examiner, the dog owner and the city. <br />(d) The hearing officer shall issue a decision on the matter within ten days after the hearing. The <br />decision must be delivered to the dog's owner by hand delivery or registered mail as soon as <br />practical and a copy must be provided to the animal control authority. <br />(e) If the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from <br />receipt of that decision to comply with all requirements of the notice. <br />(f) Any costs incurred for the care, keeping, and disposition of the dog are the responsibility of the <br />person claiming an interest in the dog, except to the extent that a court or hearing officer finds <br />that the seizure or impoundment was not substantially justified by law. <br />(Ord. No. 12-11, § 3, 7-24-2012) <br />Sec. 10-67. - Failure to restrain an attack by a dog. <br />(a) It shall be unlawful for an owner to fail to restrain a dog from inflicting or attempting to inflict bodily <br />injury to any person or other animal. Violation of this section shall be a misdemeanor. The court, upon <br />a finding of the defendant's guilt hereunder, is authorized to order, as part of the disposition of the <br />case, that the animal be destroyed based on a written order containing one or more of the following <br />findings of fact: <br />(1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack <br />without warning, or multiple attacks; or <br />Page 14 <br />