Agenda - Council - 01/27/2026 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 (4) Hearing for dons deemed dangerous or potentially dangerous. The owner of a dog that a dog that has been deemed dangerous or potentially dangerous may request a hearing to determine the validity of the dangerous or potentially dangerous dog declaration. If such a request is made, the owner must immediately comply with the provisions outlined in Minn. Stat. § 347, until the hearing examiner issues an opinion. To appeal the dangerous or potentially dangerous dog declaration: a. A request, identifying with specificity the basis for the dog owner's objection to the declaration shall be filed in writing with the office of the chief of police within the allotted time per Minn. Stat. § 347. Failure to do so within the allotted time will terminate the owner's right to a hearing. b. A filing fee as established by an annual fee schedule shall be submitted with the appeal request. In the event that the dangerous dog declaration is not upheld by the hearing examiner, the filing fee will be refunded to the dog's owner. Per Minn. Stat. § 347, if the dangerous dog declaration is upheld by the hearing examiner, actual expenses of the hearing up to a maximum allowed by Minnesota Statute will be the responsibility of the dog's owner. 14 c. A hearing shall be conducted within the allotted time per Minn. Stat. § 347. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 d. The hearing officer shall issue a decision on the matter within the allotted time per Minn. Stat. § 347 after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. e. If the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all requirements of the notice. f. Any costs incurred for the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. (5) Failure to restrain an attack by a dog. a. It shall be unlawful for an owner to fail to restrain a dog from inflicting or attempting to inflict bodily injury to any person or other animal. Violation of this section shall be a misdemeanor. The court, upon a finding of the defendant's guilt hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the followine findines of fact: The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; or ii. The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. b. If the court does not order the destruction of the dog, the court, as an alternative, may order the defendant to provide, and show proof to the court of public liability insurance in the minimum amount allowed by Minnesota Statute. (6) Stopping an attack. a. If any animal control officer is witness to an attack by a dog upon a person or another animal, the officer may take whatever means they deem appropriate to bring the attack to an end and prevent further injury to the victim. (7) Grounds for seizure and impoundment. 41 a. The animal control authority shall immediately seize any dog if: 42 43 44 The animal control authority has reason to believe that the dog is a dangerous or potentially dangerous dog and is kept or maintained under conditions or circumstances creating an unacceptable risk of harm to physical persons or other domesticated animals. Page 12 of 16