(1) Requirements. If the hearing officer does not order the destruction of an animal that has been declared dangerous, the hearing officer may, as an alternative, order any or all of the following:
(a) The owner provide and maintain a proper enclosure for the dangerous animal as defined in § 503.01;
(b) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property, as specified in M.S. § 347.51, as it may be amended from time to time;
(c) Provide and show proof annually of public liability insurance in the minimum amount of $300,000. The owner shall have 15 business days from the date of the request to show proof of insurance, except that if the animal is impounded, proof of insurance must be demonstrated prior to the animal’s release;
(d) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of the design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration;
(e) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.51, as it may be amended from time to time; and
(f) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination.
(2) Failure to comply with conditions.
(a) If an owner of an animal that has been declared dangerous fails to comply with any conditions, the animal must be seized. Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before the hearing officer to determine whether conditions were violated. A request for hearing must be made within 14 days of the seizure, and a fee, as established by the City Council, shall be posted by the owner to cover administrative costs.
(b) If the owner fails to request a hearing within 14 days, the animal control officer may order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining and destroying the animal.
(c) If a hearing is requested, the hearing shall be held before a hearing officer not more than three weeks after demand for a hearing was received. The records of animal control and the City shall be admissible for consideration by the hearing officer without further foundation. After considering all evidence, the hearing officer shall issue a decision within ten days of the hearing and the order shall be delivered to the owner in person or by registered mail.
1. If the owner is found to have violated the conditions, the hearing officer may order the animal destroyed in a property and humane manner and the owner shall pay the costs of confining and destroying the animal. In addition, the owner shall pay the costs of the hearing, if any, including attorney’s fees, up to a maximum of $1,000.
2. If the owner is found not to have violated the conditions, the owner may reclaim the animal after paving the costs of confining the animal. An animal not reclaimed within 14 days of the owner’s receipt of the decision may be destroyed and the owner shall pay all costs of confinement.
(Ord. 19-11, passed 10-10-2011)