Subd. 1. Designation. The Animal Control Authority or impartial hearing officer shall designate any dog as a dangerous dog upon receiving evidence that the dog meets any of the criteria in subection 391.02.
Subd. 2. Notice.
1. Upon a designation that a dog is dangerous, the Animal Control Authority shall provide a written notice of dangerous dog to the owner of record or, if none, to any owner of such dog by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include the following:
a. A description of the dog deemed to be dangerous;
b. The authority for and purpose of the dangerous dog declaration and seizure, if applicable;
c. The time, place, and circumstances under which the dog was declared dangerous;
d. The contact person where the dog is kept, if the dog was seized;
e. The identity of the official who made the determination;
f. The restrictions imposed upon the owner of a dangerous dog under this section;
g. A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within 14 days of the notice will terminate the owner’s right to a hearing under this section;
h. A statement that, if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of subsections 391.06, Subd. 2 and 391.05, Subd. 8 and until such time as the hearing officer issues an opinion;
j. A form to request a hearing under this section; and
k. A statement that all actual costs of 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 impartial hearing officer finds that the seizure or impoundment was not substantially justified by law.
2. If the owner does not request a hearing within 14 days, the designation of dangerous dog as issued in the written notice of dangerous dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the notice by the Animal Control Authority.
Subd. 3. Hearing.
1. If an owner, within 14 days of the date of the notice, requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before an impartial hearing officer not more than 14 days after the Animal Control Authority is notified of the owner’s request for a hearing. Any dog owner who requests such a hearing is liable to the city for all costs and expenses related to the hearing.
2. Pending the hearing, the dog may be seized and kept in the custody of the Animal Control Authority unless the owner keeps the dog in a proper enclosure as defined in subsection 391.02 and otherwise demonstrates to the Animal Control Authority that the dog, under its present circumstances, does not present an unreasonable risk of harm to persons or other domestic animals.
3. The records of the Animal Control Authority, any police reports relating to an attack or bite, medical records, and all reliable hearsay shall be admissible for consideration by the hearing officer without further foundation. At the hearing, both the owner and the Animal Control Authority may present the testimony of live witnesses, cross-examine witnesses, and present documentary evidence.
4. After considering all evidence pertaining to the dog, the impartial hearing officer shall issue a written decision that rejects or upholds the determination within ten days of 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.
5. The impartial hearing officer may order the Animal Control Authority to take the dog into custody, if the dog is not currently in custody. Any person who fails or refuses to release a dog to the Animal Control Authority upon demand, or after it has been found by a hearing officer to be dangerous and ordered into custody, shall be guilty of a misdemeanor.
6. The impartial hearing officer, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that:
a. The dog is a dangerous dog, as defined by subsection 391.02;
b. The owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and
c. The owner refuses to provide proof of the liability insurance for the dog as required by subsection 391.06, Subd. 3.
7. The decision of the impartial hearing examiner is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the State Court of Appeals for a writ of certiorari not more than 30 days after notice of the decision.
8. In the event that the dangerous dog declaration is upheld by the impartial hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner.
9. The actual costs of care, keeping, and disposal of the dog are the responsibility of the dog’s owner, except to the extent that a court or impartial hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the city and the person claiming an interest in the dog, before the dog is returned to the person.
Subd. 4. Exemption. A dog may not be declared dangerous if the threat, injury, or damage was sustained by a person who:
1. Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog;
2. Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
3. Was committing or attempting to commit a crime against the owner or the owner’s property.
Subd. 5. Review of Dangerous Dog Designation. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the Animal Control Authority review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, sterilization, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Animal Control Authority finds sufficient evidence that the dog’s behavior has changed, the Authority may rescind the dangerous dog designation.