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(3) Who was committing or attempting to commit a crime. <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 dog's <br /> collar at all times. <br /> (Ord. No. 15-12, §2,7-14-2015;Ord. No. 21-08, §3, 2-23-2021) <br /> Editor's note(s)—Ord. No. 15-12, §2,adopted July 14, 2015,set out provisions intended for use as§ 10-65. For <br /> purposes of classification, and at the editor's discretion,these provisions have been included as§ 10-65.1. <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 to <br /> determine the validity of the dangerous or potentially dangerous dog declaration. If such a request is made,the <br /> owner must immediately comply with provision 1 of the notice, until the hearing examiner issues an opinion.To <br /> appeal the dangerous or potentially dangerous dog declaration: <br /> (1) A request, identifying with specificity the basis for the dog owner's objection to the declaration shall be <br /> filed in writing with the office of the chief of police within 14 days after the date of the service of the <br /> notice. Failure to do so within 14 days will terminate the owner's right to a hearing. <br /> (2) A$250.00 filing fee shall be submitted with the appeal request. In the event that the dangerous dog <br /> declaration is not upheld by the hearing examiner,the filing fee will be refunded to the dog's owner. <br /> Per Minn.Stat. §347.5411 if the dangerous dog declaration is upheld by the hearing examiner, actual <br /> expenses of the hearing up to a maximum of$1,000.00 will be the responsibility of the dog's owner. <br /> (3) A hearing shall be conducted within ten days, unless a later date is mutually agreed to by the hearing <br /> examiner,the dog owner and the city. <br /> (4) The hearing officer shall issue a decision on the matter within ten days after the hearing.The decision <br /> must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a <br /> copy must be provided to the animal control authority. <br /> (5) If the hearing officer affirms the dangerous dog declaration,the owner will have 14 days from receipt <br /> of that decision to comply with all requirements of the notice. <br /> (6) Any costs incurred for the care, keeping,and disposition of the dog are the responsibility of the person <br /> claiming an interest in the dog,except to the extent that a court or hearing officer finds that the <br /> seizure or impoundment was not substantially justified by law. <br /> (Ord. No. 15-12, §2,7-14-2015) <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 injury to <br /> any person or other animal.Violation of this section shall be a misdemeanor.The court, upon a finding of the <br /> defendant's guilt hereunder, is authorized to order, as part of the disposition of the case,that the animal be <br /> destroyed based on a written order containing one or more of the following findings of fact: <br /> (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without <br /> warning, or multiple attacks; or <br /> (2) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order <br /> to prevent injury to persons or other animals. <br /> Created: 2023-07-25 12:16:40 [EST] <br /> (Supp. No. 12,Update 2) <br /> Page 15 of 23 <br />