(A) Notice and appeal hearing. After a dog has been declared dangerous or potentially dangerous or has been seized for destruction pursuant to M.S. § 347.54, the city shall give notice pursuant to M.S. § 347.541 to the owner. The owner may appeal this designation or seizure in writing on the form required by the City Clerk within 14 days of the date of the notice of declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing. If an appeal is properly and timely filed with the City Clerk, a hearing will be held pursuant to M.S. § 347.541.
(B) Appeal fee. In addition to any other fees under this chapter, the owner must pay an appeal fee for an appeal hearing that will be established from time to time by the City Council.
(C) Time of hearing and hearing officer. Pursuant to M.S. § 347.541, Subd. 4, the appeal hearing will be held within 14 calendar days of the written request for hearing. The hearing officer must be an impartial employee of the city and shall be the City Administrator, or the City Administrator's designated representative, unless the City Administrator determines that another impartial person be retained by the city to conduct the hearing.
(D) Decision and costs. If the declaration/designation or destruction is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000, in addition to all maintenance and related costs for impound and/or destroying and disposing of the dog shall be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within 10 days after the hearing. The decision shall be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the Chief of Police. The decision of the hearing officer is final.
(E) Failure to comply with order. Any owner who fails to comply with an order to destroy a dangerous dog or a potentially dangerous dog or fails to otherwise comply with an order from the animal control authority, hearing officer or City Council is guilty of a misdemeanor. In addition, the animal control authority will confiscate/seize the dog and have it destroyed in a proper and humane manner and the costs thereof will be the responsibility of the owner.
(Ord. 580, passed 2-27-2018)