Subd. 1. Forfeiture of rights. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section:
a. A public nuisance animal;
b. A wild animal; and
c. A maltreated animal.
In addition, the ownership rights with respect to other animals owned by the same owner may be forfeited if he or she has demonstrated an inability or unwillingness to properly care for or control such animals, in order to prevent any of them from becoming public nuisance or maltreated animals.
Subd. 2. Notice. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his or her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. The notice must state that the owner has a right, within ten days after receiving the notice, to request a hearing before a Hearing Officer appointed under City Code Chapter 104. The request for a hearing must be in writing and must state the reason or reasons for the request. A failure to request the hearing will constitute an admission of the facts alleged in the notice, and the animal will be deemed forfeited to the city.
Subd. 3. Findings of fact. If the owner requests a hearing, the hearing will be held in accordance with City Code Chapter 104. The Hearing Officer must make written findings of fact and reach a conclusion whether the allegations are true and whether the animal will be forfeited to the city. The findings and conclusions must be made within ten working days after the hearing and must be served on the owner personally or by registered mail. The decision of the Hearing Officer is final, but may be appealed by a writ of certiorari to the District Court.
Subd. 4. Animal confinement. After receiving the forfeiture notice and during the forfeiture proceedings, the owner must keep the subject animal confined within his or her home or within a secure, covered enclosure. If the owner fails to do so, or if there is an immediate threat to public health or safety or to the animal's health or safety, authorized city personnel may immediately impound the animal and keep it at the impound facility, at the owner's expense, until a forfeiture determination has been made.
Subd. 5. Forfeiture. If the animal is deemed or ordered forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody.
Subd. 6. Disposition of forfeited animal. Authorized city personnel will determine, on a case-by-case basis, whether forfeited animals are destroyed or given to new owners who will adequately care for and control them.
(Ord. 493, passed 3-12-2012) Penalty, see § 104.01