(A) M.S. §§347.50 through 347.565 adopted by reference. Except as otherwise provided in this chapter, the regulatory and procedural provisions of M.S. §§ 347.50 through 347.565 (commonly referred to as the dangerous dog regulations), as amended through Laws 2008, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof, and regulatory provisions regarding microchip identification, notice of dog’s death or relocation, dangerous dog on rental property, sale of dangerous dog and dog sterilization.
(B) Declaration of potentially dangerous or dangerous dog.
(1) A city police officer, community service officer or animal control officer may declare a dog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. When declaring a dog dangerous, a written notice declaring the dog dangerous shall be delivered or mailed to the owner of the dog, or a copy thereof posted at the place where the dog is kept, or delivered to a person residing on the property where the dog is kept, and telephoning, if possible. When declaring a dog potentially dangerous, a written notice shall be given to the owner of the dog in the same manner as notice for a dangerous dog, or the notice may be emailed to the owner and the same shall be deemed a sufficient method of service.
(2) For purposes of a notice declaring a dog potentially dangerous or dangerous, the notice must include a copy of the provisions of this section and M.S. §§ 347.50 through 347.565, and a form, with instructions, to request an appeal of the declaration of the owner’s dog as potentially dangerous or dangerous.
(3) Beginning 180 days from the date a dog is declared potentially dangerous or dangerous, or the date of the hearing officer’s written findings of fact and conclusion affirming the declaration of the dog as potentially dangerous or dangerous, or the date the owner appeals the notice of the declaration, the dog owner may request annually that the city review the designation. The owner shall provide clear and convincing evidence that the dog’s behavior has changed due to the dog’s age; neutering; environment; completion of obedience training that includes modification of aggressive behavior; or other factors rendering the dog no longer dangerous. The hearing officer shall review the evidence without hearing, and if the hearing officer finds sufficient evidence that the dog’s behavior has changed, and the dog is no longer potentially dangerous or dangerous; the hearing officer may rescind the designation.
(C) Appeal.
(1) Any owner of a dog declared potentially dangerous or dangerous may appeal the declaration by serving upon the City Clerk, within 14 business days of receipt of the notice declaring the dog potentially dangerous or dangerous, inclusive of the date the notice is received, a written notice of appeal and paying the non- refundable hearing fee established in the fee schedule adopted by City Council resolution.
(2) The appeal hearing shall be heard by the hearing officer within the following timelines following the city’s receipt of the dog owner’s request to appeal the designation: 14 days for dangerous dog designations; and as soon as practical for potentially dangerous dog designations. The appeal hearing shall be conducted in an informal manner, and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription.
(3) After considering all evidence submitted and within ten days after the hearing, the hearing officer shall make written findings of fact and conclusion as to whether the dog is a potentially dangerous or dangerous dog. The hearing officer’s decision related to a dangerous dog designation shall be made within ten days after the hearing and delivered to the dog’s owner by hand delivery or registered mail as soon as practical. The hearing officer’s decision related to a potentially dangerous dog designation shall be made within 30 days after the hearing and delivered to the dog’s owner by hand delivery, mail, or email as soon as practical.
(4) An owner’s right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date.
(‘81 Code, § 5-11)
(5) If a dangerous dog designation is upheld by the hearing officer, the dog owner shall pay the city’s actual expenses of the hearing after application of the non- refundable hearing fee to those expenses, not to exceed $1,000.
(D) Requirements for dangerous or potentially dangerous dogs. Immediately upon receipt of the notice declaring the dog potentially dangerous or dangerous, the owner shall confine the dog in a proper enclosure as defined herein and shall notify the city in writing of the dog’s subsequent death or relocation. If no timely appeal is received by the City Clerk within the time limits prescribed herein or the dog’s owner is deemed to have otherwise waived his or her right to appeal the declaration, or the hearing officer has upheld the declaration, then the owner shall immediately comply with the requirements of this chapter, the provisions of M.S. §§ 347.50 to 347.565 and the following:
(1) Implant a microchip in the dog for identification, and provide to the city the name of the microchip manufacturer and identification number. All costs related to the purchase and implantation of the chip must be paid by the dog's owner;
(2) Continue to confine the dog in a proper enclosure;
(3) Muzzle and restrain the dog on a substantial leash not to extend more than six feet, whenever outside of the proper enclosure. The muzzle must be made in a manner that will prevent the dog from biting any person or animal, but that will not cause injury to the dog or interfere with its vision or respiration;
(4) Notify the Police Department, in writing, of the death, sale, relocation or transfer of the dog within 14 days of the death, transfer, relocation or sale. If requested by the city, the dog’s owner shall execute an affidavit under oath setting forth either the circumstances of the dog’s death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred and the address where the dog has been relocated or is being kept;
(5) Present a certificate of liability insurance issued by an insurance company authorized to conduct business in this state, which specifically states that the owner is insured for any personal injuries inflicted by the potentially dangerous or dangerous dog, in the amount of at least $300,000;
(6) Provide written proof that the owner's insurance provider has been notified, in writing, of the declaration of the potentially dangerous or dangerous dog; and
(7) A dangerous dog shall be sterilized at the owner’s expense. If the owner does not have the animal sterilized and provide the city verification thereof within 30 days, the city shall seize the dog and have it sterilized at the owner’s expense.
The owners of all dogs found to be dangerous or potentially dangerous by another city or jurisdiction must notify the Police Department with 14 days of moving into the city, and must follow the requirements of § 91.20(D).
All dogs declared dangerous shall be housed or kept only on property zoned industrial (I-1 and I-2). The owner shall not allow the dog, whether muzzled or in its proper enclosure, to be found in any area not zoned industrial.
(E) Prohibition in residential areas. No person may house or keep a dangerous dog on property zoned residential.
(F) Regulatory and procedural responsibility.
(1) In accordance with Minnesota law, the city is responsible for the regulatory and procedural provisions for potentially dangerous and dangerous dogs pursuant to M.S. §§ 347.50 to 347.565, as amended through Laws 2008, which are hereby incorporated herein and adopted by reference in its entirety.
(2) The owner of a dangerous dog for which a certificate of registration is required under this chapter shall pay an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall be in the amounts as specified in the appendix to Chapter 35.
(3) This section shall control if there is any conflict or inconsistency with M.S. §§ 347.50 et seq.
(G) Destruction of dangerous dog. The hearing officer is authorized to order the destruction of the dog upon a finding that the dog has been declared dangerous, the owner’s right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with the provisions of M.S. §§ 347.50 through 347.565 and the provision of the city code.
(Am. Ord. 717, passed 6-27-02; Am. Ord. 825, passed 11-20-07; Am. Ord. 845, passed 9-11-08; Am. Ord. 847, passed 10-9-08; Am. Ord. 1104, passed 12-21-21)