(A) Registration. Any person who has a dog that has been determined to be a potentially dangerous dog pursuant to this code or pursuant to M.S § 347.50, must register the dog as a potentially dangerous dog with the city.
(1) The owner shall also make the potentially dangerous dog available to be photographed by the city's Animal Control Officer for identification purposes at a time and place specified by Animal Control.
(2) The registration of the potentially dangerous dog must be renewed annually with the city until the dog is deceased or is determined to be no longer potentially dangerous. The current owner of a potentially dangerous dog must notify the city's Animal Control Officer in writing of the death of the dog or its transfer to another owner or to another location within 30 days of the dog's death or transfer. If requested by the city, the owner must execute an affidavit under oath setting forth 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 to. The Chief of Police, or its designee, shall be allowed to inspect the animal and the place where the animal is now located at any reasonable time.
(3) The owner of a potentially dangerous dog must be 18 years of age or older.
(B) Appeal. An appeal of the designation must be submitted on the form supplied by the city. The completed form and designation appeal fee must be returned to the Chief of Police within seven days of notification. Potentially dangerous determination appeals consist of a record review by the Chief of Police, or its designee. The owner shall be notified of the results of the record review within ten days of the receipt of the completed form and designation appeal fee.
(C) Microchip implantation. All dogs that are determined to be potentially dangerous pursuant to the definition contained within this code or pursuant to M.S § 347.50 by the city shall be implanted with a microchip for identification purposes within 14 days of the date the dog is declared potentially dangerous. All costs related to purchase and implantation of the microchip shall be borne by the owner of the dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, the city may have a microchip implanted in the dog at the owner's expense. Upon request, the owner or custodian of a potentially dangerous dog must make the dog available to Animal Control for an inspection to determine whether a microchip has been implanted.
(D) Sterilization. The city may require a potentially dangerous dog to be sterilized at the owner's expense within 14 days of the date the dog is declared potentially dangerous. If the owner does not have the dog sterilized, Animal Control may have the dog sterilized at the owner's expense. Upon request, the owner or custodian of a potentially dangerous dog must make the dog available to Animal Control for an inspection or provide proof in the form of a statement from a licensed veterinarian to determine whether the dog has been sterilized.
(E) Obedience class. The city may require that the owner and its potentially dangerous dog attend and complete an approved obedience class.
(F) Removal of potentially dangerous dog classification. A dog determined to be a potentially dangerous dog may be evaluated by a professional animal behaviorist. The owner may provide to the city a report by such animal behaviorist. If the report states that the dog has been rehabilitated, the dog may no longer be classified as potentially dangerous and is no longer subject to the requirements of this section.
(G) Victim's request. Upon the request of an adult victim, the Chief of Police may waive the designation as a potentially dangerous dog so long as the owner of the dog complies with the requirements of this code and state law as it applies to potentially dangerous dogs.
(H) Removal of potentially dangerous dog classification. Beginning six months after a dog is declared a potentially dangerous dog, an owner may request on an annual basis that the city review the dog's designation as a potentially dangerous dog. The owner must provide 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. If Animal Control finds sufficient evidence that the dog's behavior has changed, the city may rescind the potentially dangerous dog classification. The owner of the dog shall be notified in writing of the review results within ten business days of receipt of the request.
(I) Misdemeanor. Any person convicted of violating this section shall be subject to the penalties specified by state statute.
(J) Exemption. Dogs owned and controlled by local, state and federal law enforcement agencies that are used in law enforcement or related activities and service animals, which are individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability, are exempt from the provisions of this section. A dog may not be declared potentially dangerous if the threat, injury, or damage was sustained under the conditions set forth in M.S. § 347.51, Subd. 5.
(Ord. 2006-1067, passed 11-27-06; Am. Ord. 2009-1096, passed 2-23-09; Am. Ord. 2019-1246, passed 11-12-19)