(A) Upon request of a person claiming interest in the animal, which request must be made within ten days of the date of seizure, a hearing shall be held within five business days of the request to determine the validity of the seizure and impoundment.
(B) If the seizure was done pursuant to a warrant under M.S. § 343.22, as it may be amended from time to time, the hearing must be conducted by the judge who issued the warrant. If the seizure was done under M.S. § 343.29, as it may be amended from time to time, the city may either:
(1) Authorize a licensed veterinarian with no financial interest in the matter or professional association with either party; or
(2) Use the services of a hearing officer to conduct the hearing.
(C) A person claiming interest in the animal who is aggrieved by a decision of a hearing officer under this section may seek a court order governing the seizure or impoundment within five days of the notice of the order.
(1) The judge or hearing officer may authorize the return of the animal, if the judge or hearing officer finds that:
(a) The animal is physically fit; and
(b) The person claiming an interest in the animal can and will provide the care required by law for the animal.
(2) The person claiming an interest in the animal is liable for all actual costs of the care, keeping and disposal of the animal, except if a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs shall 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 animal before return of the animal to the person.
(a) If such an animal is owned by a resident of the city, the cost shall include the purchase of a license, if unlicensed, payment for the animal’s maintenance while in custody, and may include an immunization fee of any such animal for rabies.
(b) If such an animal is owned by a person not a resident of the city, the cost shall include payment for the animal’s maintenance while in custody, and may include an immunization fee of any such animal for rabies.
(2003 Code, § 8.05-9) (Ord. 65, passed 5-31-1996)