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Article IV. Declaration of Dangerous or Potentially Dangerous Dog
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(1) The police department or the town attorney may classify potentially dangerous and dangerous dogs. They may find and declare an animal particularly dangerous or potentially dangerous if there is cause to believe the animal falls within the definitions set forth in CMC 6.15.010. The finding must be based upon substantial evidence. Substantial evidence includes, without limitation:

(a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definitions set forth in CMC 6.15.010; or

(b) Dog bite reports filed with the police department; or

(c) Actions of the dog witnessed by any police officer or town employee.

(2) A declaration of potentially dangerous or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

(a) Certified mail to the owner’s last known address; or

(b) Personally; or

(c) If the owner can be located by neither of the above methods, by publication in a newspaper of general circulation in the county.

(3) The declaration shall state, at least:

(a) The description of the animal;

(b) The name and address of the owner, if known;

(c) The location of the animal if not in the custody of its owner;

(d) The facts upon which the declaration of dangerous or potentially dangerous dog is based;

(e) The restrictions placed upon the animal; and

(f) Notification of the right to appeal the declaration pursuant to this chapter. (Ord. 431 § A, 2002)