(A) Registration. Any person who has a dog that has been determined to be a dangerous dog pursuant to this code or pursuant to M.S. § 347.50, Subd. 1, must register the dog as a dangerous dog with the city, pay an annual fee, and meet all the other requirements provided for in M.S. § 347.51, Subd. 2.
(1) The owner shall also make the 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 dangerous dog must be renewed annually with the city until the dog is deceased or is determined to be no longer dangerous. The current owner of the 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.
(3) The owner of the dangerous dog must be 18 years of age or older.
(4) Dangerous dogs registered in the city shall be provided with a warning symbol for posting on the owner's property pursuant to M.S. § 347.51, Subd. 2a. The city may charge the registrant a reasonable fee for the symbol.
(5) Owners of dogs designated as dangerous must affix an additional tag to the dog's collar identifying the dog as dangerous and containing the dangerous dog symbol as further set forth in M.S. § 347.51
(B) Keeping of dangerous dogs.
(1) Confinement. A dangerous dog must be securely confined indoors or confined in a secure outdoor enclosure suitably sized for the dog and otherwise meeting the requirements of a proper enclosure. An enclosure is secure and proper within the meaning of this section if it meets the following specifications:
(a) A floor area of 32 square feet per animal kept in such enclosure;
(b) A sidewall height of five feet, constructed of 11 gauge of heavier wire with openings that do not exceed two inches; and
(c) If the enclosure is on a permeable surface, the fence must be buried a minimum of 18 inches into the ground;
(d) The support posts are one and one-quarter inch or larger steel pipe buried a minimum of 18 inches into the ground;
(e) A cover over the entire kennel that is constructed of the same gauge wire as the sidewalls or heavier with openings no greater than two inches;
(f) An entrance/exit self closing, self locking gate constructed of the same material as the sidewalls and with openings no greater than two inches; and
(g) In compliance with all zoning setbacks requirements unless a variance is obtained.
When the dog is confined in the enclosure, all access points of the enclosure must be locked. An Animal Control Officer may seize a dangerous dog that is unconfined while on the owner's property and not otherwise restrained as provided below.
(2) Restraint. If the dangerous dog is outside of the proper enclosure, it must be securely muzzled and restrained with a chain not exceeding three feet in length, and having a tensile strength sufficient to restrain it. The dog's muzzle must be designed in a manner that will prevent it from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration.
(3) Sterilization. The city may require a dangerous dog to be sterilized at the owner's expense within 14 days of the date the dog is declared 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 dangerous dog must make the dog available to Animal Control for an inspection to determine whether the dog has been sterilized.
(4) Microchip implantation. All dogs that are determined to be dangerous shall be implanted with a microchip for identification purposes. 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 dangerous dog must make the dog available to Animal Control for an inspection to determine whether a microchip has been implanted.
(5) Surety bond or liability insurance. Before the city will register a dangerous dog the owner must present sufficient evidence that the owner has obtained a surety bond or a policy of liability insurance in the amounts set forth in M.S. § 347.51, Subd. 2.
(C) Obedience class. The city may require that the owner and its dangerous dog attend and complete an approved obedience class.
(D) Removal of dangerous dog classification. Beginning six months after a dog is declared a dangerous dog, pursuant to M.S. § 347.51, Subd. 3(a), an owner may request on an annual basis that the city review the dog's designation as a 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 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.
(E) Seizure of dangerous dogs. The city may seize any dangerous dog if the dog has been declared dangerous and the owner has not registered the dog pursuant to this section within 14 days of receiving notice of the dangerous dog declaration. The city may also seize a dangerous dog that is not being maintained in a secure enclosure, a dog that is outside of the enclosure and is not under the required physical restraint, or if the owner of a dangerous dog has otherwise violated M.S. § 347.54. The city shall provide the dog's owner with notice of the dog's seizure. A dangerous dog seized under this section may be reclaimed by the owner upon payment of impound and boarding fees and presenting proof that all requirements of this section are being met. A dangerous dog that is not reclaimed within seven days of the date of the notice may be disposed of as provided in this section and the dog's owner shall be responsible for any costs incurred in the confinement and disposal of the dog.
(F) Destruction of dangerous dogs. The Chief of Police or the Chief of Police's designee, after having been advised that a dog has inflicted substantial or great bodily harm on a human being on public or private property without provocation; inflicted multiple bites on a human on public or private property without provocation; bit multiple human victims on public or private property in the same attack without provocation; bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or the dangerous dog is in violation of this section or state law may proceed as follows:
(1) The owner of the dog shall be notified by the city in writing either personally or by mail as to the reasons the dog is subject to destruction under this section and the date(s), time(s), place(s), names of person(s) harmed, circumstances, telephone number and contact person where the dog is kept, copy of the ordinance and state statute, and the statements and form required by M.S. § 347.541 including that the owner shall be given seven days to request a hearing for a determination as to the disposition of the dog. If the owner does not request a hearing within seven days of the date of receiving the notice, the Chief of Police or the Chief of Police's designee may order the dog to be destroyed and shall serve or deliver a copy of the destruction order to the dog's owner. The city shall not destroy a dog until at least seven days have passed since the issuance of a destruction order.
(2) If the dog's owner requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before an impartial hearing officer selected by the Chief of Police from a list of persons approved by the City Council at a date not more than 14 days after receipt of the owner's demand for the hearing. The records of the Animal Control Officer shall be admissible for consideration without further foundation. After considering all evidence, the hearing officer shall make a determination as he or she deems proper and issue a decision on the matter within ten days of the hearing. The hearing officer shall consider the following factors:
(a) Whether the threat, injury, or damage fits any of the exemptions set forth in M.S. § 347.51, Subd. 5; and
(b) Whether the threat, injury, or damage occurred while the animal was protecting or defending a person or the animal's offspring within the immediate vicinity of the animal.
(3) The hearing officer may order the dog to be destroyed. The city shall deliver a copy of the hearing officer's order to the dog's owner. The decision of the hearing officer shall be final unless the owner files an appeal to the Court of Appeals. The city shall not destroy a dog until at least five business days have passed since the issuance of a destruction order.
(4) The Animal Control Officer is authorized to take the dog subject to the destruction order into custody at the time a destruction order is served or delivered. The dog's owner must immediately make the dog available to the Animal Control Officer at the time a destruction order is delivered. The city shall not destroy a dog until at least seven days have passed since the issuance of a destruction order.
(5) If the dangerous dog declaration is upheld by the hearing officer, the actual expenses of the hearing will be the responsibility of the dog's owner. If the declaration is overturned by the hearing officer, the costs and fees of the hearing, impound, and boarding will be reviewed by the hearing officer.
(G) Misdemeanor. Any person convicted of violating this section shall be subject to the penalties specified by state statute.
(H) 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 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)