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(1) A dog or animal displaying symptoms of being rabid may be seized at any place or time and will be confined in the city impounding facility at the expense of the owner, until found to be free from rabies.
(2) If a dog or other animal appears to be diseased, vicious, dangerous, rabid or has been exposed to rabies, and the dog or other animal cannot be impounded without serious risk of personal injury, the dog or other animal may be killed, if reasonably necessary for the safety of a person or persons.
(3) When a dog or other animal has bitten a person and the skin has been broken or the services of a doctor are required, the owner or custodian of the biting animal and the person bitten or his or her parent or guardian must report the incident to the Lino Lakes Police Department within 24 hours of the bite. The dog or other animal must be confined for a period of not less than ten days in a veterinary hospital or on the owner's premises, as determined by the authorized city personnel. These personnel may refuse to permit confinement on the owner's premises if the animal has previously been found repeatedly at large or if the animal does not have a currently effective rabies inoculation. If confinement on the owner's premises is permitted, the animal may not be allowed off the premises or in contact with people or other animals during the confinement period, except for medical purposes. If the owner fails to comply with these restrictions, authorized city personnel may enter onto the property, seize the animal and remove it to a veterinary hospital. The owner is responsible for all costs of confinement incurred under this section. As a condition of releasing a confined animal, authorized city personnel may require that the animal's owner take the animal for an examination by a veterinarian and may require the owner to follow any recommendations from the veterinarian regarding the animal's training or behavior. The authorized personnel must notify the owner of these requirements in writing. Failure to comply with a requirement is a violation of this code, punishable as a misdemeanor and/or as a civil violation.
(Ord. 03-08, passed 5-27-2008)
It shall be unlawful for any person’s animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner’s home with criminal intent.
(Ord. 03-08, passed 5-27-2008; Am. Ord. 19-11, passed 10-10-2011) Penalty, see § 503.23
(1) Designation as dangerous animal. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following that the animal meets any of the criteria set forth in the definition of DANGEROUS ANIMAL in § 503.01.
(2) Procedure. The animal control officer, after having determined that an animal is dangerous, shall proceed in the following manner:
(a) Order the animal seized and kept at an animal control facility at owner’s expense. The owner shall immediately make the animal available for seizure, and failure to do so shall be a misdemeanor.
(b) The animal control officer shall then determine whether to:
1. Order the animal destroyed; or
2. Impose the conditions set forth in § 503.20. If conditions are imposed in lieu of destruction, the animal shall remain confined at an animal control facility until the owner demonstrates to the animal control officer that all conditions have been fulfilled except that set forth in § 503.20(1)(d).
(c) The animal control officer shall cause one owner of the animal to be notified in writing or in person that the animal has been determined to be dangerous and that the animal is to be destroyed or that the owner must comply with the conditions set forth in § 503.20. The owner shall be notified as to dates, times, places and parties bitten that form the basis for the determination and shall be given 14 days to appeal the determination by requesting a hearing before the hearing officer for a review of the determination.
1. If no appeal is filed, the orders issued will stand.
2. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the hearing officer, who shall set a date for hearing not more than three weeks after demand for the hearing. Pending the hearing, the animal shall remain at an animal control facility. A fee, as established by the City Council, shall be posted by the owner to cover the administrative costs of scheduling the hearing.
3. The records of animal control or the city shall be admissible for consideration by the hearing officer without further foundation.
4. After considering all evidence, the hearing officer shall make an order rejecting, upholding or amending the determination. The order must be issued within ten days of the hearing and shall be delivered to the owner in person or by registered mail. If the declaration that the animal is dangerous is upheld by the hearing officer, the actual expense of the hearing, including attorney’s fees, up to a maximum of $1,000 will be the responsibility of the animal’s owner. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer.
(3) Harboring a dangerous animal. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction.
(4) Stopping an attack. If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
(Ord. 03-08, passed 5-27-2008; Am. Ord. 19-11, passed 10-10-2011)
Cross-reference:
City fee schedule, see § 218.01
The owner of an animal which has been identified as dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification must include the current owner’s name and address, the relocation address and the name of the new owner, if any.
(Ord. 19-11, passed 10-10-2011)
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