A. Requirements. If the City Council does not order the destruction of an animal that has been declared dangerous, the City Council may, as an alternative, order any or all of the following:
1. That the owner provide and maintain a proper enclosure for the dangerous animal as specified in Section 5-3-5, B.;
2. Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statutes Sections 347.50- 347.56;
3. Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00);
4. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; and
5. Any or all additional requirements permitted under Minnesota Statutes Sections 347.50-347.56.
B. Seizure. The Enforcement Officer shall immediately seize any dangerous animal if the owner does not meet any of the above requirements imposed by the City Council within fourteen days after the date notice is sent to the owner that the animal is dangerous.
C. Reclaiming Dangerous Animals. A dangerous animal seized may be reclaimed under provisions of 5-3-4, by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements is fulfilled. An animal not reclaimed under this Section within fourteen (14) days may be disposed of under provisions of 5-3-4, and the owner is liable to the City of Baxter for all costs incurred in confining the animal and having the animal destroyed including, but not limited to, reimbursement of all of the City's legal fees and court costs.
D. Subsequent Offenses. If an owner of an animal has subsequently violated the provisions of 5-3-5 with the same animal, the animal must be seized by the Enforcement Officer. The owner may request a hearing as provided for in the provisions of 5-3-5, D. If the owner is found to have violated the provisions for which the animal was seized, the Enforcement Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of 5-3-6, C, if provisions have been fulfilled. If the animal is not yet reclaimed by the owner within fourteen days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of under the provisions of 5-3-4, and the owner is liable to the animal control or City of Baxter for the costs incurred in confining, impounding, and disposing of the animal. (Ord. 2021-006, 4-20-2021)