(A) Officer’s orders. The hearing officer is authorized to order the destruction or other disposition of any animal upon a finding that:
(1) The animal has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner;
(2) The animal has habitually barked, cried, whimpered or otherwise emitted loud or unusual noises or is otherwise kept within the limits of the city in violation of the provisions of this chapter; or
(3) The animal has been found to be infected with rabies.
(B) Officer’s findings. In the event the hearing officer waives authority under this division, a sworn complaint of any person that any one of the foregoing facts exist may be brought before a district court judge in this county. The judge shall issue a summons directed to the owner or person having possession of the animal commanding the person to appear before the judge to show cause why the animal should not be seized and killed or otherwise disposed of by the poundmaster, or any police officer or animal warden. The summons shall be returnable not more than five days from the date thereof and shall be served at least three days before the time of appearance mentioned therein. Upon the hearing and finding of the facts true as complained of, the judge may either order the animal killed or order the owner to remove it from the city or may order it confined to a designated place, or may order its sale or other disposition as herein provided for the impounded animals. Costs of the proceedings specified by this section shall be assessed against the owner of the animal, if the animal is found to be kept in violation of any of the terms of this chapter.
(C) Notice and hearing. The hearing officer, after having been advised of the existence of the animal, as defined above, by sworn complaint and having decided to retain its authority under this division, shall proceed as follows:
(1) The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this section and where applicable, the dates, times and places of animals or persons bitten, attacked, injured or disfigured, or of other violations, and shall be given 14 days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten days of the notice, the hearing officer shall make findings and issue an appropriate order including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition.
(2) If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be held before the hearing officer at a date not more than 14 days after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After considering all evidence, the hearing officer shall make an appropriate order, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition.
(3) The hearing officer may apply to the District Court of Dakota County for subpoenas for hearings under division (D)(3)(b) above.
(D) Concealing of animals. Any person who harbors, hides or conceals an animal which has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor.
(‘81 Code, § 5-11) (Ord. 145, passed 6-24-74; Am. Ord. 522, passed 10-24-91; Am. Ord. 616, passed 6-6-96; Am. Ord. 647, passed 6-25-98; Am. Ord. 847, passed 10-9-08)
For provisions concerning animals with infectious diseases running at large, see M.S. § 346.26
