(A) Compliance with state law. The owner of a dangerous dog must comply with M.S. §§ 347.50 through 347.565. Any violation of such statutory provisions is a misdemeanor under this section.
(B) Procedure for determination that animal is dangerous. The owner of a dangerous animal shall be advised in writing of the determination that the animal is dangerous, and shall be provided a copy of M.S. §§ 347.50 through 347.565. The owner may appeal this designation according to the procedures in division (C)(1) of this section. Notwithstanding any appeal that may be requested by the owner, the owner shall comply with the provisions of this section until and unless the declaration is reversed by the hearing officer or a court of law.
(C) Dangerous animal appeal.
(1) The owner may appeal by delivering a written notice of appeal to the Dayton Police Department within seven days after receipt of the notice referred to in division (B) of this section. The notice of appeal must identify the name, address, and telephone number of the owner, include complete animal information, and must state the basis for the appeal. Upon receipt of a valid notice of appeal, a hearing shall be held within 14 days of the request before an impartial hearing examiner who shall not be a member of the Dayton city staff. The rules of evidence need not be strictly followed and records of the Animal Control Officer or law enforcement officer shall be considered without further foundation. After considering all evidence submitted, the hearing examiner shall issue a written order setting forth whether the animal is dangerous pursuant to M.S. § 347.50. The order shall be made within ten business days after the hearing and shall be served by mail or personal service upon the owner as soon as practical.
(2) The hearing officer shall be appointed by the city administrator or his or her designee. The hearing officer shall receive compensation in an amount to be determined by the City Council. The decision of a hearing officer is effective the date it is issued, unless a later date is stated in the decision.
(D) Registration required. No person shall own, keep or harbor a dangerous animal without first registering with the Dayton Police Department. Said registration shall expire yearly from the date of the original dangerous dog declaration. Each registration shall be accompanied with a fee established by the City Council.
(Ord. 2014-11, passed 7-8-2014)