For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Animal Control Authority. The City Police Department.
Dangerous Dog. Any dog that has:
1. Without provocation, inflicted death, great bodily harm, substantial bodily harm, or permanent disfigurement to any person on public or private property;
2. Without provocation, engaged in any attack on any person under circumstances which indicated danger to personal safety;
3. Killed a domestic animal while off the owner’s property;
4. Bitten one or more persons on two or more separate occasions without provocation;
5. Been found to be potentially dangerous, and after the owner received notice or personal knowledge that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of a human being or domestic animal; or
6. Been or will be used, trained, or encouraged to fight with another animal; or whose owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such dog to be fought with another animal.
Great Bodily Harm. Shall have the meaning given it under M.S. § 609.02, subd. 8, as it may be amended from time to time.
Hearing Officer. The City Administrator or designee.
Owner. Any person, firm, corporation, association, department, or organization possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Any person keeping or harboring a dog for five consecutive days shall, for the purposes of this section, be deemed to be an owner thereof.
Potentially Dangerous Dog. Any dog that has:
1. When unprovoked, bitten a human or domestic animal on public or private property;
2. When unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than upon the dog owner’s property, in an apparent attitude of attack; or
3. A known history or propensity, tendency, or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
Proper Enclosure. Securely confined indoors, or in a securely enclosed and locked pen or structure outdoors, suitable to prevent the animal from escaping and providing the dog protection from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Such enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel, in order to qualify as a proper enclosure, shall meet the following minimum specifications.
1. The overall floor size shall have a minimum area of 32 square feet.
2. Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be one and one-quarter inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches into the ground.
3. A cover over the entire pen or kennel shall be provided, constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches.
4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel.
Provocation. An act that an adult could reasonably expect may cause a dog to attack or bite.
Substantial Bodily Harm. Shall have the meaning given to it under M.S. § 609.02, subd. 7a, as it may be amended from time to time.
Unprovoked. The condition in which the animal is not purposely excited, stimulated, agitated, or disturbed. It shall be a rebuttable presumption that any attack on a child 14 years of age or younger shall be considered to be unprovoked unless the child is engaged in the commission of a crime or illegal activity, including activities classified under M.S. Chapter 343, as it may be amended from time to time, as cruelty to animals.