(A) Designation. The Animal Control Authority or Hearing Officer shall designate any dog as a dangerous dog upon receiving evidence that the dog meets any of the criteria of applicable state law or § 90.05 of this chapter.
(B) Notice.
(1) Upon a designation that a dog is dangerous, the Animal Control Authority shall provide a written notice of dangerous dog to the owner of record or, if none, to any owner of such dog by personally serving the owner or a person of suitable age and discretion at the residence of such owner. Service upon any owner shall be effective as to all owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and include the following:
(a) A description of the dog deemed to be dangerous;
(b) The factual basis for that determination; and
(c) The identity of the official who made the determination.
(2) The notice shall also set forth the registration requirements and other restrictions imposed upon a dangerous dog under this subchapter or M.S. Ch. 347, as it may be amended from time to time.
(3) The notice shall also advise the owner(s) that they have ten days to appeal the determination by requesting a hearing before the Hearing Officer, and shall include a preprinted form which the owner can use to request a hearing. The request for a hearing shall be made directly to the Animal Control Authority, and must be submitted in writing.
(4) If the owner does not request a hearing within the allotted ten days, the designation of dangerous dog as issued in the written notice of dangerous dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the notice by the Animal Control Authority.
(C) Hearing.
(1) If an owner, within ten days of the date of the notice, requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before a Hearing Officer within ten days after the Animal Control Authority is notified of the owner’s request for a hearing. The Hearing Officer may allow the hearing date to be extended beyond the ten-day period for good cause. Any dog owner who requests such a hearing is liable to the county for all costs and expenses related to the hearing.
(2) Pending the hearing, the dog may be seized and kept at Animal Control unless the owner shows proof that the dog is properly licensed, if required; has met the requirement for rabies vaccinations; keeps the dog only in a proper enclosure unless restrained on a leash with a muzzle; and
otherwise demonstrates to the Animal Control Authority that the dog, under its present circumstances, does not present an unreasonable risk of harm to persons or other domestic animals.
(3) The records of the Animal Control Authority, any police reports relating to an attack or bite, medical records and all reliable hearsay shall be admissible for consideration by the Hearing Officer without further foundation.
(4) The Animal Control Authority shall be represented by the County Attorney’s office. The owner may be represented by private legal counsel of the owner’s choosing, although the owner does not have the right to an attorney at public expense.
(5) At the hearing, both the owner and the Animal Control Authority may present the testimony of live witnesses, cross-examine witnesses and present documentary evidence. The Animal Control Authority, and the dog’s owner, may apply to the District Court for subpoenas for hearings.
(6) The burden of proof shall be upon the Animal Control Authority. The standard of proof shall be clear and convincing evidence if the Authority seeks to destroy the dog; in all other cases, it shall be by a preponderance of the evidence.
(7) After considering all evidence pertaining to the dog, the Hearing Officer shall make such order as he or she deems proper, including ordering the Animal Control Authority to take the dog into custody, if the dog is not currently in custody.
(8) Any person who fails or refuses to release a dog to the Animal Control Authority or law enforcement agent upon demand, or after it has been found by a Hearing Officer to be dangerous and ordered into custody, shall be guilty of a misdemeanor.
(9) Authority to order destruction. The Hearing Officer, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that each of the following criteria are present:
(a) The dog is dangerous, as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks;
(b) The owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and
(c) The owner cannot, will not, does not or otherwise refuses to provide proof of the liability insurance for the dog as required by § 90.07(C)(3) of this chapter.
(10) The decision of the Hearing Officer is a quasi-judicial determination that is subject to review by writ of certiorari to the state’s Court of Appeals.
(11) The owner or person claiming an interest in the dog is liable for all actual costs of care, keeping, and disposal of the dog, except to the extent that a court or Hearing Officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the county and the person claiming an interest in the dog, before the dog is returned to the person.
(D) Exemption. A dog may not be declared dangerous if the threat, injury or damage was sustained by a person who:
(1) Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog;
(2) Was provoking, tormenting, abusing or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or
(3) Was committing or attempting to commit a crime against the owner or the owner’s property.
(E) Review of designation. Beginning one year after a dog is declared a dangerous dog, an owner may request annually in writing that the Animal Control Authority or the Hearing Officer review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, sterilization, environment, completion of obedience training that includes modification of aggressive behavior or other factors. If the Animal Control Authority or Hearing Officer finds sufficient evidence that the dog’s behavior has changed, the Authority may rescind the dangerous dog designation. If a review of designation is conducted by the Hearing Officer, the burden of proof shall be upon the dog’s owner and the standard of proof is clear and convincing evidence.
(Ord. 10-01, passed 1-19-2010)