For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. Carver County or any law enforcement agent or other public official acting under its direction and control. Additionally, ANIMAL CONTROL AUTHORITY shall mean any individual, organization, partnership, or entity operating under contract to perform animal control operations pursuant to a written agreement authorized and approved by the Carver County Board of Commissioners, or any city or town located within Carver County which has declared itself to be the ANIMAL CONTROL AUTHORITY within its jurisdiction.
BOARD. The Carver County Board of Commissioners.
BODILY HARM, GREAT BODILY HARM, and SUBSTANTIAL BODILY HARM. Shall have the meaning given to it under M.S. § 609.02.
COUNTY. The County of Carver, a political subdivision of the State of Minnesota.
DANGEROUS DOG. Any dog that has:
(1) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(2) When unprovoked, engaged in any attack on any person under circumstances which indicated danger to personal safety;
(3) Killed a domestic animal without provocation while off the owner’s property;
(4) Been found to be potentially dangerous, and after the owner has received notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals;
(5) When unprovoked, has bitten one or more persons on two or more separate occasions; or
(6) Been or will be used, trained, or encouraged to fight with another animal; or whose owner has in their custody or possession any training apparatus, paraphernalia, or drugs used to prepare such dog for fighting with another animal.
HEARING. A proceeding conducted by a hearing officer in accordance with the requirements of this chapter.
HEARING OFFICER. A licensed doctor of veterinary medicine, an Animal Control Authority official, the County Administrator, or any otherwise qualified impartial HEARING OFFICER appointed by the County Administrator.
KILL, KILLS or KILLED. Any act in which there is a direct causal connection between the act of the attacking dog and the death of the person or other animal. For domestic animals which were euthanized following such an attack, KILLED or KILLS shall mean the death was the direct consequence of the attack, extensive veterinarian assistance would be futile, and that euthanasia merely hastened the inevitable death of the victim animal.
OWNER. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Any person in possession of a dog five consecutive days or more shall, for the purposes of this chapter, be deemed to be an OWNER thereof.
POTENTIALLY DANGEROUS DOG. Any dog that:
(1) When unprovoked, inflicts a bite on a human or domestic animal on public or private property;
(2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or
(3) Has a known propensity, tendency, or disposition to attack 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, shall be constructed of the same gauge wire or heavier as the sidewalls, and shall also have no openings in the wire greater than two inches; and
(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. The area under the gate shall be constructed and maintained in such a way as to prevent the dog from digging under the gate.
UNPROVOKED. The condition in which the dog is not purposely excited, stimulated, agitated, or disturbed. Any attack on a child 14 years of age or younger is presumed to be UNPROVOKED. This presumption can be rebutted if sufficient evidence is shown to prove beyond a reasonable doubt that the child was engaged in the commission of a crime or illegal activity, including activities classified under M.S. § 343 as cruelty to animals.
(Ord. 69-2010, passed 8-10-10)