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Subd. 1. Designation. The Animal Control Authority or impartial hearing officer shall designate any dog as a dangerous dog upon receiving evidence that the dog meets any of the criteria in subection 391.02.
Subd. 2. Notice.
1. Upon a designation that a dog is dangerous, the Animal Control Authority shall provide a written notice of dangerous dog to the owner of record or, if none, to any owner of such dog by delivering or mailing it to the owner of the dog, 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. The notice shall include the following:
a. A description of the dog deemed to be dangerous;
b. The authority for and purpose of the dangerous dog declaration and seizure, if applicable;
c. The time, place, and circumstances under which the dog was declared dangerous;
d. The contact person where the dog is kept, if the dog was seized;
e. The identity of the official who made the determination;
f. The restrictions imposed upon the owner of a dangerous dog under this section;
g. A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within 14 days of the notice will terminate the owner’s right to a hearing under this section;
h. A statement that, if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of subsections 391.06, Subd. 2 and 391.05, Subd. 8 and until such time as the hearing officer issues an opinion;
j. A form to request a hearing under this section; and
k. A statement that all actual costs of the 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 impartial hearing officer finds that the seizure or impoundment was not substantially justified by law.
2. If the owner does not request a hearing within 14 days, the designation of dangerous dog as issued in the written notice of dangerous dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the notice by the Animal Control Authority.
Subd. 3. Hearing.
1. If an owner, within 14 days of the date of the notice, requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before an impartial hearing officer not more than 14 days after the Animal Control Authority is notified of the owner’s request for a hearing. Any dog owner who requests such a hearing is liable to the city for all costs and expenses related to the hearing.
2. Pending the hearing, the dog may be seized and kept in the custody of the Animal Control Authority unless the owner keeps the dog in a proper enclosure as defined in subsection 391.02 and otherwise demonstrates to the Animal Control Authority that the dog, under its present circumstances, does not present an unreasonable risk of harm to persons or other domestic animals.
3. The records of the Animal Control Authority, any police reports relating to an attack or bite, medical records, and all reliable hearsay shall be admissible for consideration by the hearing officer without further foundation. At the hearing, both the owner and the Animal Control Authority may present the testimony of live witnesses, cross-examine witnesses, and present documentary evidence.
4. After considering all evidence pertaining to the dog, the impartial hearing officer shall issue a written decision that rejects or upholds the determination within ten days of 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.
5. The impartial hearing officer may order the Animal Control Authority to take the dog into custody, if the dog is not currently in custody. Any person who fails or refuses to release a dog to the Animal Control Authority upon demand, or after it has been found by a hearing officer to be dangerous and ordered into custody, shall be guilty of a misdemeanor.
6. The impartial hearing officer, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that:
a. The dog is a dangerous dog, as defined by subsection 391.02;
b. The owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and
c. The owner refuses to provide proof of the liability insurance for the dog as required by subsection 391.06, Subd. 3.
7. The decision of the impartial hearing examiner is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the State Court of Appeals for a writ of certiorari not more than 30 days after notice of the decision.
8. In the event that the dangerous dog declaration is upheld by the impartial hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner.
9. The actual costs of care, keeping, and disposal of the dog are the responsibility of the dog’s owner, except to the extent that a court or impartial hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the city and the person claiming an interest in the dog, before the dog is returned to the person.
Subd. 4. Exemption. A dog may not be declared dangerous if the threat, injury, or damage was sustained by a person who:
1. Was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog;
2. 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. Was committing or attempting to commit a crime against the owner or the owner’s property.
Subd. 5. Review of Dangerous Dog Designation. Beginning six months after a dog is 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 changed due to the dog’s age, sterilization, 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.
Subd. 1. Requirements. For any dog determined or declared to be dangerous by operation of this section, state statute, court order, ordinance, or regulation from another jurisdiction, or valid declaration from an Animal Control Authority, the dog shall, at all times during the dog’s life, be registered as a dangerous dog pursuant to this section or state law.
Subd. 2. Registration. No person may own or possess a dangerous dog in this city unless the dog is registered as a dangerous dog. All dogs declared dangerous by the Animal Control Authority or impartial hearing officer, as applicable, shall be registered as a dangerous dog with the Animal Control Authority within 14 days after the owner has notice that the dog is designated dangerous.
Subd. 3. Registration Requirements. The Animal Control Authority shall issue a certificate of registration to the owner of a dangerous dog only if the owner presents sufficient evidence that all of the following are met:
1. The owner provides and maintains a proper enclosure for the dangerous dog, as defined in subsection 391.02;
2. The owner posts clearly visible warning signs, available from the Animal Control Authority, that there is a dangerous dog on the property, including a warning symbol to inform children. The city may charge the owner a reasonable fee to cover its administrative costs and cost of the warning symbol;
3. The owner provides, and annually shows proof of, public liability insurance pre-paid in full in the minimum amount of $500,000 per person and $1,000,000 per incident, payable to any person or persons injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $500,000 per person and $1,000,000 per incident insuring the owner for any personal injuries inflicted by the dangerous dog;
4. The owner pays the annual registration fee set by City Council ordinance; or
5. The owner has implanted an identification microchip in the dog as required under subsection 391.09.
Subd. 4. Release. If a dangerous dog was impounded by the Animal Control Authority, or upon order of an impartial hearing officer, the dog shall not be released until the owner demonstrates to the Animal Control Authority compliance with all applicable requirements of this section. The owner shall have 14 days to comply with all requirements. The owner must pay the city for all costs incurred in the seizure and boarding of the dog prior to its return.
Subd. 5. Revocation.
1. Any certificate of registration for a dangerous dog may be revoked, following hearing, if the owner fails to maintain compliance with any registration requirement, or fails to keep or maintain the dangerous dog as required by any provision of this section or applicable state law. The provisions of subsections 391.10 and 391.11, applicable to the seizure and disposition of dogs, shall apply.
2. The Animal Control Authority shall serve upon the owner a written Notice setting forth the alleged reasons why the dog is not being kept in conformance with this section, and shall also notify the owner of the date, time, and location of the hearing. Any hearing to revoke a certificate of registration shall be held before a hearing officer within 20 days of the date of the notice, and shall comply with all the requirements as set forth in subsection 391.04, Subd. 3.
3. If a dangerous dog certificate of registration is revoked following hearing, the hearing officer shall order the dog disposed of immediately or, in the alternative, permit the owner a reasonable time period, not to exceed 30 days, to reclaim the dog if the owner is in compliance with all registration requirements.
Subd. 6. Registration Renewal. An owner of a dangerous dog shall renew the certificate of registration annually until the dog is deceased.
Subd. 7. Death or Relocation of Dangerous Dog. An owner of a dangerous dog shall notify the Animal Control Authority, in writing, of the death of the dog, or if the dog relocates or transfers out of the city to a new location or where the dog will reside within 30 days of the death or transfer. An owner shall, if requested by the Animal Control Authority, execute an affidavit, under oath and penalty of perjury, 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 was transferred or the address where the dog has been relocated.
Subd. 8. Sale or Transfer of Dangerous Dogs. A person who sells or transfers ownership or control of a dangerous dog must notify any potential purchaser or transferee, prior to the consummation of the transaction, that the dog was previously designated 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.
Subd. 1. Requirements. For any dog declared dangerous by operation of this section, state statute, court order, an ordinance or regulation from another jurisdiction, or by operation of a declaration by an Animal Control Authority, the owner, in addition to complying with all the registration requirements set forth under subsection 391.05, shall keep and maintain the dog pursuant to all requirements of this section.
Subd. 2. Restraint. An owner of a dangerous dog shall keep the dog, while on the owner’s property, in a proper enclosure as defined by subsection 391.02, Subd. 7. The dog shall, at all times, be kept in such proper enclosure unless the dog is, at any and all times the dog is outside a proper enclosure, muzzled and restrained by a substantial chain or leash not to exceed six feet in length and under the physical restraint of a responsible person 18 years of age or older. The muzzle, chain, and leash must all be of such a design, manufacture, and maintained in a condition 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.
Subd. 3. Dog Sterilized. The owner of a dangerous dog shall have the dog sterilized within 30 days after the owner has received a notice of dangerous dog.
Subd. 4. Leased Premises. A person who owns a dangerous or potentially dangerous dog and who rents property from another where the dog will reside shall disclose to the property owner prior to when the dog begins to reside on the property, or prior to entering the lease agreement, and at the time of any lease renewal, that the person owns a dangerous dog that will reside at the property.
Subd. 5. Tag. A dangerous dog registered under this section shall have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol affixed to the dog’s collar at all times.
Subd. 6. Property Inspection. The owner of a dangerous dog shall permit the Animal Control Authority to enter the property where a dangerous dog is kept or located, at all hours reasonable under the circumstances to inspect to ensure compliance with the provisions of this section, applicable state statutes, order from a hearing officer, or directive from the Animal Control Authority. The failure of an owner to permit such inspection is, by itself, a ground to immediately seize the dog pursuant to subsection 391.10 and revoke the dangerous dog registration pursuant to subsection 391.05, Subd. 7.
Subd. 7. Review. If, in reviewing the conditions for keeping a dangerous dog there have been no ordinance violations for a period of two years, the Animal Control Authority or impartial hearing officer may use discretion in determining whether the conditions set forth above are still required.
Subd. 1. Designation. The Animal Control Authority or impartial hearing officer shall designate any dog as a potentially dangerous dog upon receiving evidence that the animal meets any of the criteria in subsection 391.02.
Subd. 2. Notice.
1. Upon a designation that a dog is potentially dangerous, the Animal Control Authority shall provide a written notice of potentially dangerous dog to the owner of record or, if none, to any owner of such dog by delivering or mailing it to the owner of the dog, 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. The notice shall include the following:
a. A description of the dog deemed to be potentially dangerous;
b. The authority for and purpose of the potentially dangerous dog declaration and seizure, if applicable;
c. The time, place, and circumstances under which the dog was declared potentially dangerous;
d. The contact person where the dog is kept, if the dog was seized;
e. The identity of the official who made the determination;
f. The restrictions imposed upon the owner of a potentially dangerous dog under this section;
g. 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 notice will terminate the owner’s right to a hearing under this section;
h. A statement that if the impartial hearing officer affirms the potentially dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with the requirements in the notice of potentially dangerous dog;
i. A form to request a hearing under this section; and
j. A statement that all actual costs of the 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 impartial hearing officer finds that the seizure or impoundment was not substantially justified by law.
2. If the owner does not request a hearing within 14 days, the designation of potentially dangerous dog as issued in the written notice of potentially dangerous dog will stand, and the owner will be subject to all restrictions and requirements as set forth in the notice by the Animal Control Authority.
Subd. 3. Hearing.
1. If an owner requests a hearing within 14 days of the date of the notice for determination as to the potentially dangerous nature of the dog, the hearing shall be held before a hearing officer not more than 14 days after demand for said hearing.
2. The hearing shall be conducted pursuant to the requirements of subsection 391.04, Subd. 3.
3. After considering all evidence pertaining to the dog, the hearing officer shall issue a written order that rejects or upholds the determination. 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. If the hearing officer upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the Animal Control Authority. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the dog to be a dangerous dog pursuant to subsection 391.04, the hearing officer may change the designation and issue the appropriate orders.
4. In the event that the dangerous dog declaration is upheld by the impartial hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog’s owner.
5. The decision of the impartial hearing examiner is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the State Court of Appeals for a writ of certiorari not more than 30 days after service of the hearing examiner’s written decision.
Subd. 1. Microchip. The owner of any dog that has been determined to be potentially dangerous shall have a microchip installed in the dog in accordance with subsection 391.09.
Subd. 2. Registration. No person may own or possess a potentially dangerous dog in this city unless the dog is registered as a potentially dangerous dog. All dogs declared potentially dangerous by the Animal Control Authority or impartial hearing officer, as applicable, shall be registered as a potentially dangerous dog with the Animal Control Authority within 14 days after the owner has notice that the dog is designated dangerous.
Subd. 3. Registration Renewal. An owner of a potentially dangerous dog shall renew the certificate of registration annually until the dog is deceased.
Subd. 4. Death or Relocation of Potentially Dangerous Dog. An owner of a potentially dangerous dog shall notify the Animal Control Authority, in writing, of the death of the dog, or if the dog relocates or transfers out of the city to a new location or where the dog will reside within 30 days of the death or transfer. An owner shall, if requested by the Animal Control Authority, execute an affidavit, under oath and penalty of perjury, 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 was transferred or the address where the dog has been relocated.
Subd. 5. Sale or Transfer of Potentially Dangerous Dogs. A person who sells or transfers ownership or control of a potentially dangerous dog must notify any potential purchaser or transferee, prior to the consummation of the transaction, that the dog was previously designated 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.
Subd. 6. Release. If a potentially dangerous dog was impounded by the Animal Control Authority, or upon order of an impartial hearing officer, the dog shall not be released until the owner demonstrates to the Animal Control Authority compliance with all applicable requirements of this section. The owner shall have 14 days to comply with all requirements. The owner must pay the city for all costs incurred in the seizure and boarding of the dog prior to its return.
Subd. 7. Other Restrictions. Any dog determined to be potentially dangerous may be subject to any or all of the following restrictions, as determined by the Animal Control Authority or the hearing officer.
1. The owner of a dog may be required to complete an approved dog obedience class within a designated period of time, and provide proof of completion to the Animal Control Authority.
2. The dog may be required to be kept in a proper enclosure, or restrained by chain or leash not to exceed six feet in length, and/or muzzled, and under the control of a responsible person 18 years of age or older at all times it is outdoors and not inside a proper enclosure.
3. The owner may be required to post the property where the dog resides with warning signs, available from the Animal Control Authority, readable to children, containing a written notice and warning that a potentially dangerous dog is present on the property.
4. The owner may be required to show proof of up-to-date rabies vaccination and, if required, licensing.
5. The dog may be required to wear, at all times, a tag or marker identifying it as a potentially dangerous dog.
Subd. 8. Review of Potentially Dangerous Dog Designation. Beginning six months after a dog is declared a potentially 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 changed due to the dog’s age, sterilization, 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 potentially dangerous dog designation.
It shall be the responsibility of each owner of any dog kept or harbored within the city and determined to be a dangerous or potentially dangerous dog under this section, court order, state statute, designation from the Animal Control Authority, or a substantially similar ordinance from another jurisdiction, to ensure that a microchip is implanted in the dog for identification. 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 a qualified veterinarian under the direction and control of the Animal Control Authority. All costs related to purchase and implantation of the microchip must be borne by the dog’s owner.
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