(A) Right to hearing and release from dog pound. Upon request of a person claiming interest in the dog, which request must be made within ten days of the date of seizure, a hearing shall be held within five business days of the request to determine the validity of the seizure and impoundment. If the seizure was done pursuant to a warrant under M.S. § 343.22, as it may be amended from time to time, the hearing must be conducted by the judge who issued the warrant. If the seizure was done under M.S. § 343.29, as it may be amended from time to time, the city may either authorize a licensed veterinarian with no financial interest in the matter, or professional association with either party, or use the services of a hearing officer to conduct the hearing. A person claiming interest in the dog who is aggrieved by a decision of a hearing officer under this section may seek a court order governing the seizure, or impoundment, within five days of the notice of the order.
(1) The judge, or hearing officer, may authorize the return of the dog, if the judge, or hearing officer, finds that:
(a) The dog is physically fit; and
(b) The person claiming an interest in the dog can, and will, provide the care required by law for the dog.
(2) The person claiming an interest in the dog is liable for all actual costs of the care, keeping, and disposal of the dog, except if a court, or hearing officer, finds that the seizure, or impoundment, was not substantially justified by law. The costs shall be paid in full, or a mutually satisfactory arrangement for payment must be made between the city and the person claiming an interest in the dog before the return of the dog to the person.
(a) If the dog is owned by a resident of the city, the cost shall include the purchase of a license; if unlicensed, payment for the dog’s maintenance while in custody, and may include an immunization fee of any such dog for rabies.
(b) If the dog is owned by a person not a resident of the city, the cost shall include payment for the dog’s maintenance while in custody, and may include an immunization fee of any dog for rabies.
(B) Release from dog pound. Dogs shall be released to their owners, or persons previously in possession of them, upon a sworn statement of ownership, proof that a license has been duly issued for an impounded animal, and payment of impounding fees, as established by the Council by resolution.
(Prior Code, § 10.21) (Ord. 159, second series, passed 10-20-1988)