(A) Any animal that has bitten a person and inflicted substantial bodily harm to the person or committed any of the acts set forth in § 92.01 shall be considered a dangerous animal. Upon report to the police that an animal has committed an act, the Police Chief or animal control officer shall notify the owner of the animal of his or her intent to classify the animal as dangerous. The notice shall be sent to the owner of the animal by certified mail, return receipt required. If the owner does not pick up the certified letter, the Police Chief or animal control officer shall hand deliver the notice to the owner of the animal. Within 14 days from the date of mailing of the certified letter, the owner of the animal may contest the classification of the animal as dangerous. The request for an appeal shall be placed in writing by the owner of the animal and delivered to City Hall.
(B) If the owner of the animal elects to appeal the dangerous animal classification, the appeal shall be referred to the City Council for an appropriate hearing. The City Administrator shall notify the owner of the animal as to the time and date of the hearing, but in all cases, at least 14 days notice shall be given to the owner.
(C) The owner shall be informed of his or her right by the City Administrator to be represented by legal counsel during the hearing, as well as the right to provide oral and written testimony as to why the City Council should not declare the animal as dangerous.
(D) During the hearing, the Council shall maintain an electronic recording of the hearing.
(E) If the City Council declares the animal to be dangerous, the City Administrator shall notify the owner of the animal by certified mail, return receipt required, that the animal has been declared dangerous. If the owner does not pick up the certified letter, the Police Chief or animal control officer shall hand deliver the notice to the owner of the animal.
(F) The owner of any declared dangerous dog shall then have 14 days to comply with the provisions of M.S. Chapter 347.50, as it may be amended from time to time, from the date the certified letter described herein and shall, in writing, report the dangerous dog to the County Sheriff’s Department. If the owner of a dog that has been declared dangerous fails to comply with the 14-day reporting requirement, the animal control authority and/or the police may seize the dog and cause the dog to be housed at the appropriate animal shelter facility for a minimum period of seven days, excluding holidays. If the owner of the dog fails to comply with the reporting requirements of the dangerous dog statute within the seven-day period, the dog shall be destroyed at the owner’s expense.
(G) If deemed necessary, the Council shall, by Council resolution, set fourth similar requirements to be met by the owners of dangerous animals, other than dogs. The owner of the dangerous animals shall then have 14 days to comply with the order of the City Council. If the owner of the dangerous animal fails to comply with the Council’s order within the 14 days, the animal control authority and/or the police may seize the dangerous animal and cause the same to be housed at the appropriate animal shelter facility at the owner’s expense. All seized animals shall be housed at the animal control facility for a minimum period of seven days, excluding holidays. If the owner of the dangerous animal fails to comply with the Council’s order within seven days, excluding holidays, the animal shall be destroyed at the owner’s expense.
(H) Any animal that has bitten a person and inflicts injury to a human being or commits any act outlined herein may be classified as a potentially dangerous animal. The procedures set fourth under § 92.12 shall also apply procedurally to the classification and hearing process of potentially dangerous animals.
(`87 Code, § 508.14) Penalty, see § 92.99