(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. Any agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction.
ATTACK. The deliberate action of a dog, whether or not in response to a command by a person, to bite, to seize with its teeth, or to pursue any human, animal, or inanimate object, with the intent to destroy, kill, wound, injure, or otherwise harm the object of its action.
DANGEROUS DOG. Any dog that has:
(a) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(b) Killed a domestic animal without provocation while off the owner’s property; or
(c) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
GREAT BODILY HARM. Has the meaning given to it under M.S. § 609.02, subd. 8, as it may be amended from time to time.
OWNER. Any person keeping, harboring, or having control of, or permitting any animal habitually to be or remain on, or be lodged or fed within, such person’s house, yard, premises, excluding veterinarians or kennel operators temporarily maintaining on their premises, for a period of 30 days or less, animals owned by others.
POTENTIALLY DANGEROUS DOG. Any dog that:
(a) When unprovoked, inflicts a bite on a human or domestic animal on public or private property;
(b) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or
(c) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury, or otherwise threatens the safety of humans or domestic animals.
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and shall provide protection from the elements for the animal. A PROPER ENCLOSURE does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which the windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting.
PROVOCATION. An act that an adult could reasonably expect may cause a dog to attack or bite.
(B) Potentially dangerous dogs; declaration of a potentially dangerous dog.
(1) Declaration. A city animal control officer or other law enforcement official may declare that a dog is a potentially dangerous animal if the animal has:
(a) Without provocation, inflicted bite(s) on a human or domestic animal on public or private property;
(b) Without provocation, chased or approached a person upon the streets, sidewalks, or other public or private property, other than the dog owner’s property, in an apparent attitude of attack; or
(c) Has a known propensity, tendency, or disposition to attack without provocation, causing injury or otherwise threatening the safety of humans or domestic animals.
(2) Notice of declaration of potentially dangerous dog to owner. Upon a determination by an animal control officer or other law enforcement official that a dog is potentially dangerous, the city shall serve notice of the potentially dangerous dog designation on the owner of such dog. Notice shall be served upon the owner of the dog personally or by certified mail. Service upon any owner is effective as to all owners. The notice must include:
(a) A description of the dog and the authority and purpose for the potentially dangerous dog declaration; the time, place, and circumstances that resulted in the dog being declared a potentially dangerous dog; and the telephone number of the person who made the declaration that the dog is a potentially dangerous animal;
(b) A statement that the owner of the dog may request a hearing concerning the potentially dangerous dog declaration, and that failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing under this section;
(c) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of this section regarding potentially dangerous dogs and continue to do so until such time as the hearing officer issues an opinion on the appeal;
(d) A form to request a hearing under this division (B);
(e) A statement that any hearing must be held within 14 days of the request to determine that validity of the potentially dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing;
(f) A statement that in the event the potentially dangerous dog declaration is upheld by the hearing officer, actual expense of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner; and
(g) A statement that the hearing officer shall issue a decision in the matter within ten days after the hearing, and that the decision must be delivered to the dog’s owner by hand delivery or registered mail as soon as practical, and a copy must be provided to the city’s animal control authority.
(C) Dangerous dog.
(1) Declaration of a dangerous dog. A city animal control officer or other law enforcement official may determine that a dog is a dangerous dog if the animal has:
(a) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(b) Killed or caused substantial bodily harm to a domestic animal without provocation while off the owner’s property; or
(c) Been previously found to be potentially dangerous and, after the owner had notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
(2) Notice of declaration of dangerous dog to owner. Notice shall be served upon the owner of the dog personally or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property; and telephoning, if possible. Service upon any owner is effective as to all owners. The notice must include:
(a) A description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept;
(b) A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and that failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing under this section;
(c) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of this section and M.S. § 347.52, paragraphs (a) and (c), as they may be amended from time to time, and continue to do so until such time as the hearing officer issues an opinion on the appeal;
(d) A statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of the decision to comply with all requirements of M.S. §§ 347.51, 347.515, and 347.52, as they may be amended from time to time;
(e) A form to request a hearing under this division (C)(2); and
(f) A statement that all actual costs of care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law.
(3) Hearing. Any hearing must be held within 14 days of the request to determine the validity of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner. The hearing officer shall issue a decision in the matter within ten days after the hearing. The decision must be delivered to the dog’s owner by hand delivery or registered mail as soon as practical, and a copy must be provided to the animal control authority.
(4) Registration. No person may own, keep, possess, harbor, maintain, or otherwise have a dangerous dog in the city unless the dog is currently registered as provided in this section. Registration must be completed within 14 days after the owner’
(5) Certificate of registration. The City Clerk/Treasurer shall issue an annual certificate of registration to the owner of the dangerous dog if the owner presents sufficient evidence that:
(a) Payment has been made for the annual dangerous dog registration fee, which shall be fixed, determined, and amended by the City Council and adopted by resolution;
(b) An owner of a potentially dangerous dog shall keep the dog in a proper enclosure that has been inspected and approved by the city;
(c) All owners of dangerous dogs within the city shall display in a prominent place on their property a warning symbol approved by the State Commissioner of Public Safety to inform children that there is a dangerous dog on the property. The warning symbol must be the uniform symbol provided by the Commissioner of Public Safety. The animal control authority may charge the registrant a reasonable fee to cover costs related to obtaining an appropriate warning symbol. In addition, a similar symbol is required to be posted on the proper enclosure of such animal;
(d) A dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol acquired by the city affixed to the dog’s collar at all times. The tag shall be of the design approved by the State Commissioner of Public Safety;
(e) An owner of a dangerous dog shall obtain a surety bond issued by a surety company authorized to conduct business in this state in an amount of at least $300,000 payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in an amount of at least $300,000 insuring the owner for any personal injury inflicted by the dangerous dog; and
(f) All owners of dogs declared dangerous shall cause the dog to be implanted with a microchip for identification and provide the city animal control officer with the name of the microchip manufacturer and the serial identification number of the implanted microchip. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implanting of the microchip must be borne by the dog’s owner.
(6) Sterilization. Upon designation of a dog as dangerous, the animal control officer shall require the owner to cause the dog to be sterilized at the owner’s expense and provide the city animal control authority with proof thereof, including the name, address, and telephone number of the veterinarian who performed the procedure, within 30 days of the date the dog was determined to be dangerous. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the dog and have it sterilized at the owner’s expense.
(7) Review of designation. Beginning six months after a dog has been declared a dangerous dog, an owner may request annually that the animal control authority review the designation. The owner must provide evidence that the dog’s behavior has been changed due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog’s behavior has changed, the authority may rescind the dangerous dog designation.
(D) Leash and muzzle. An owner of a potentially dangerous or dangerous dog shall keep the dog, when not confined in a proper enclosure, muzzled and restrained by a leash not longer than four feet, and under the physical restraint of a responsible person.
(E) Microchip identification. The owner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the dog’s owner.
(F) Exemption. A dog shall not be declared a potentially dangerous or dangerous dog if the threat, injury, or damage was sustained by a person:
(1) Who was committing, at the time, an unlawful trespass or other tort upon the premises occupied by the owner of the dog;
(2) Who 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) Who was committing or attempting to commit a crime.
(G) Law enforcement exemption. The provisions of this section do not apply to dogs used by law enforcement officials for law enforcement work.
(H) Appeal of potentially dangerous or dangerous dog designation. Within 14 days after receipt of notice of a potentially dangerous or dangerous dog declaration, the owner may request a hearing to appeal the designation. The request must be in writing filed with the City Clerk/Treasurer.
(I) Appeal hearing procedure.
(1) Setting hearing date. In the event an appeal is filed with the City Clerk/Treasurer, a hearing shall be scheduled within two weeks of the date the request for appeal is received.
(2) Notice of hearing date. In the event that an appeal is filed, notice shall be mailed to the owner stating the date, time, place, and subject of the hearing.
(3) Designated hearing officer. The City Clerk/Treasurer or a designated hearing officer shall convene a hearing, at which time, the dog owner shall have the opportunity to present evidence and testimony to support the appeal of the potentially dangerous or dangerous dog designation. The hearing officer may receive evidence and testimony from the animal control officer or law enforcement official and other parties who wish to be heard.
(4) Written recommendation. Upon receiving the evidence and testimony, the hearing officer shall make a written recommendation to the City Council which may confirm or rescind the potentially dangerous or dangerous dog designation.
(J) Confiscation.
(1) Seizure. The animal control officer or law enforcement official shall immediately seize any potentially dangerous and dangerous dog if, after 14 days after the owner has notice of the designation and the owner has not filed an appeal of the designation, and:
(a) The dog is not validly registered under this section;
(b) The dog is not maintained in the proper enclosure;
(c) The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under this section;
(d) The owner does not secure the proper surety bond or liability insurance as required under this section; or
(e) The owner is required to sterilize the dog and fails to do so.
(2) Reclamation. An owner may reclaim a potentially dangerous or dangerous dog seized under this section by paying impounding and boarding fees and presenting proof to the city that the requirements of this section have been met. The city may dispose of a dog not reclaimed within seven days, and the owner is liable to the city for the costs incurred in confining and disposing of the dog.
(K) Destruction of dog in certain circumstances. A dog that has previously been declared a potentially dangerous or dangerous dog that inflicts substantial or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the animal control officer. The animal control officer may not destroy the dog until the dog owner has had an opportunity for a hearing on an appeal under the provision of this section. Upon determination following appeal that destruction is appropriate, the owner of the dangerous dog shall pay the costs incurred in confiscation, boarding, and destruction.
(L) Fees. The city may charge the owner an annual fee in addition to any regular dog license, to obtain a certificate of registration for a potentially dangerous or dangerous dog under this section. Fees may also be charged for signs and tags that are designated as the official symbol of a potentially dangerous or dangerous dog. Annual fees for registration, signs, and tags may be set by resolution of the City Council and amended by City Council Resolution from time to time.
(M) Notice of dog’s removal. An owner of a potentially dangerous or dangerous dog must notify the animal control officer, in writing, of the death of the dog or its transfer to a new owner or jurisdiction within 30 days of the death or transfer. The owner shall provide the animal control officer, the name, address, and telephone number of the new owner, or address where the dog will reside in the new jurisdiction. An animal that has been removed from the city pursuant to this provision may not re-enter the city. If a dangerous dog is removed from the city, it must be registered as a dangerous dog in its new jurisdiction.
(N) Notice to property owner. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside, must disclose to the property owner prior to entering the lease agreement, and at the time of any lease renewal, that the person owns a potentially dangerous or dangerous dog that will reside on the property.
(O) Notice on transfer. A person who transfers ownership of a dangerous dog must notify the new owner that the animal control authority has identified the animal as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner’s name, address, and telephone number.
(Ord. passed 12-11-2018; Ord. passed 8-8-2023) Penalty, see § 90.99