(A) Designation. Following the investigation of a dog attack incident, the Animal Control Authority shall review all reports. Following that review, the Animal Control Authority shall designate any dog potentially dangerous if there is a preponderance of evidence that the dog acted in a manner described in §92.06 above.
(B) Notice.
(1) Upon determination that a dog is potentially dangerous, the Animal Control Authority shall provide a written notice of potentially dangerous dog to the owner of record, or if there is no owner of record, any owner of such dog by personally serving the owner or a person of suitable age and discretion at the residence of such owner.
(2) Service upon any owner shall be effective as to all owners.
(3) The notice shall state the dates, times, places, and facts of the incidents which form the basis for the determination and shall include the following:
(a) A description of the dog deemed to be potentially dangerous;
(b) The factual basis for that determination; and
(c) The identity of the official who made the determination.
(d) The notice shall also set forth the restrictions imposed upon a potentially dangerous dog under this chapter.
(4) The notice shall also advise the owner(s) that they have five days to ask the Office of the Carver County Attorney to review the designation and shall include a pre-printed form that the owner may use to request the review. The request for a review shall be made directly to the Animal Control Authority and Office of the Carver County Attorney and must be submitted in writing.
(5) If the owner does not request a review within the allotted five days, the designation of potentially dangerous dog as issued in the written notice of potentially 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.
(C) Appeal of a potentially dangerous dog designation.
(1) Within five business days of being notified that their dog has been designated a potentially dangerous dog by the Animal Control Authority, the owner or custodian of the dog may request a review of the designation in writing on a form provided by the Animal Control Authority and may submit written and other documentary evidence that disputes the designation to the Office of the Carver County Attorney. The Office of the Carver County Attorney shall make a decision within seven days following the receipt of the written request, based only upon the written evidence.
(2) Within five business days after a potentially dangerous dog designation is confirmed by the Office of the Carver County Attorney, the owner or custodian of the dog may request a hearing to contest the designation. The request for a hearing shall be made in writing on a form provided by the Office of the Carver County Attorney.
(3) The hearing shall be held before the Carver County Administrator or by an independent hearing examiner selected by the Carver County Administrator, not more than 15 days after receipt of the request for hearing. The Hearing Officer may allow the hearing date to be extended beyond the 15-day period for good cause. Any dog owner who requests such a hearing is liable to the county for all costs and expenses related to the hearing.
(4) The Hearing Officer shall hear testimony of the parties and their witnesses and shall consider exhibits offered by the parties. 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. The party offering an exhibit shall mark the party’s name on the exhibit in a manner that will not obscure the exhibit. All exhibits will be returned to the parties at the conclusion of the hearing unless otherwise ordered by the Hearing Officer. The Hearing Officer shall normally receive only evidence admissible under the rules of evidence, but in the exercise of discretion and in the interests of justice, may receive otherwise inadmissible evidence. 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. The Animal Control Authority and the dog’s owner may apply to the District Court for subpoenas for hearings.
(5) The county shall have the burden of proving the dog is potentially dangerous by a preponderance of the evidence. The owner may be represented by private legal counsel of the owner’s choosing, although the owner does not have the right to an attorney at public expense. The Animal Control Authority may be represented by the Office of the Carver County Attorney.
(6) The Hearing Officer shall make a final decision within seven days of the hearing. After considering all evidence pertaining to the dog, the Hearing Officer shall issue a written order which rejects or upholds the determination. If the Hearing Officer upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the Animal Control Authority. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the dog to be a dangerous dog pursuant to § 92.08(A) of this chapter, the Hearing Officer may change the designation and issue the appropriate orders. The petitioner shall pay the Hearing Officer’s fees, unless the county’s designation is set aside.
(7) The decision of the Hearing Officer is a quasi-judicial determination that is subject to review by writ of certiorari to the Minnesota Court of Appeals.
(8) Except to the extent that a court or Hearing Officer finds that the seizure or impoundment was not substantially justified by law, the owner or person claiming an interest in the dog is liable for all actual costs of care, keeping, and disposal of the dog. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the county and the person claiming an interest in the dog, before the dog is returned to the person. If the owner or person claiming an interest in the dog does not pay the costs in full or enter into a payment schedule, the owner or person claiming an interest in the dog shall forfeit all rights and interests in the dog.
(9) The Animal Control Authority, or Hearing Officer, may, upon the written request of the owner, review the status of a dog which has been determined to be potentially dangerous if a period of two years has passed without any further incidents or violations of this chapter and may use discretion in determining whether any conditions which have been ordered are still required. If the review is conducted by the Hearing Officer, the burden of proof shall be upon the dog’s owner, and the standard of proof shall be by clear and convincing evidence. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. This designation may be reviewed again no sooner than one year following the Hearing Officer’s most recent order regarding the designation of the dog as dangerous. An administrative hearing fee shall be required prior to such a review. In the event that the potentially dangerous dog designation is upheld by the Hearing Officer, all actual expenses of the hearing will be the responsibility of the dog’s owner.
(10) If the Hearing Officer confirms the potentially dangerous dog designation, the owner or custodian of the dog shall complete the potentially dangerous dog registration form and file it with the Carver County Sheriff with evidence as set forth in § 92.07(D)(1) through (7) of this chapter within 14 days of the final decision.
(D) Potentially dangerous dog requirements.
(1) Any dog determined to be potentially dangerous shall be microchipped in accordance with § 92.09.
(2) The owner of a dog may be required to complete an approved dog obedience class within a designated period of time and provide proof of completion to the Animal Control Authority.
(3) The dog may be required to be kept in a proper enclosure, or restrained by chain or leash not to exceed six feet in length, and/or muzzled, and under the control of a responsible person 18 years of age or older at all times it is outdoors and not inside a proper enclosure.
(4) The owner may be required to post the property where the dog resides with a warning symbol that children can understand, containing a written notice and warning that a potentially dangerous dog is present on the property. Such signs shall conform to the requirements set forth in M.S. § 347.51, subd. 2(a) and § 92.08(L)(4).
(5) The owner may be required to show proof of up-to-date rabies vaccination and, if required, licensing.
(6) The dog may be required to wear, at all times, a tag or marker identifying it as a potentially dangerous dog.
(7) The dog may be required to be sterilized within 30 days of the owner receiving notice.
(Ord. 69-2010, passed 8-10-10) Penalty, see § 92.99