(A) Designation. Following the investigation of a dog attack incident, the Animal Control Authority shall review all reports. Following that review, the Animal Control Authority shall designate any dog dangerous if a preponderance of evidence exists that the dog acted in a manner described in § 92.06.
(B) Impound. The Animal Control Authority may impound, at the animal owner’s expense, any dog determined to pose a threat to public safety pending a final dangerous dog designation order. The Animal Control Authority shall quarantine, at the animal owner’s expense, any dog without proof of current rabies vaccination upon receiving evidence that the dog has bitten any person or domestic animal. Any person who fails or refuses to release a dog to the Animal Control Authority or law enforcement agent upon demand, or after it has been found by a Hearing Officer to be dangerous and ordered into custody, at any time in the investigation, review or requirement stages as described in any part of this chapter, shall be guilty of a misdemeanor.
(C) 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 personally serving the owner or a person of suitable age and discretion at the residence of such owner. Service upon any owner shall be effective as to all owners. The notice shall state the dates, times, places, and facts of the incidents which form the basis for the determination and include the following:
(a) A description of the dog deemed to be dangerous;
(b) The factual basis for that determination; and
(c) The identity of the official who made the determination.
(2) The notice shall also set forth the registration requirements and other restrictions imposed upon a dangerous dog under this chapter or M.S. Chapter 347.
(3) The notice shall also advise the owner(s) that they have five days to appeal the determination by requesting a hearing before the Hearing Officer and shall include a pre-printed form which the owner can use to request a hearing. The request for a hearing shall be made directly to the Animal Control Authority and Office of the Carver County Attorney and must be submitted in writing.
(4) If the owner does not request a hearing within the allotted ten 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.
(D) Appeal of dangerous dog designation.
(1) Within five days after receiving notice of a dangerous dog designation, the owner or custodian of the dog may request a hearing to contest the designation. The request for a hearing shall be made in writing on a form provided by the Animal Control Authority.
(2) Except as otherwise described in this section, the hearing shall be conducted pursuant to the requirements of § 92.07(C) of this chapter.
(3) Pending a hearing, the dog may be seized and held by the Animal Control Authority at a place of the Animal Control Authority’s designation unless the owner shows proof that the dog is properly licensed, if required; has met the requirement for rabies vaccinations; keeps the dog only in a proper enclosure unless restrained on a leash with a muzzle; 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.
(4) After considering all evidence pertaining to the dog, the Hearing Officer shall make such order(s) as the Hearing Officer deems proper including ordering the Animal Control Authority to take the dog into custody if the dog is not currently in custody.
(E) Authority to order destruction. The 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 each of the following criteria are present:
(1) The dog is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks;
(2) 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
(3) The owner cannot, will not, does not, or otherwise refuses to provide proof of the liability insurance for the dog as required by § 92.08(G)(3)(c).
(F) Cost. The owner or person claiming an interest in the dog is liable for all actual costs of care, keeping, and disposal of the dog, except to the extent that a court or 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 county and the person claiming an interest in the dog, before the dog is returned to the person.
(G) Dangerous dog registration.
(1) Requirements. For any dog determined or declared to be dangerous by operation of this chapter, 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 chapter or state law.
(2) Registration. No person may own or possess a dangerous dog in this county unless the dog is registered as provided in this chapter or applicable state law. All dogs deemed dangerous by the Animal Control Authority or Hearing Officer, as applicable, shall be registered as a dangerous dog with the Animal Control Authority within 30 days after the date the dog was so deemed.
(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:
(a) The owner provides and maintains a proper enclosure for the dangerous dog, as defined in § 92.06;
(b) The owner posts clearly visible warning symbol, understandable to children, that there is a dangerous dog on the property. These warning signs must be posted on the front and the rear of all buildings on the property and upon the proper enclosure for the dog. The warning symbol must meet the requirements set forth in M.S. § 347.51, subd. 2(a) and § 92.08(L)(4);
(c) 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;
(d) The owner pays the annual registration fee set by the Board;
(e) An identification microchip was implanted in the dog as required under M.S. § 347.515 and § 92.09;
(f) The owner provides proof that all applicable dog licensing requirements are met;
(g) The owner provides proof that the dog is current on all commonly required vaccines;
(h) The dog must be sterilized. If proof of the sterilization is not delivered to the Animal Control Authority, within 30 days of the designation of a dog as dangerous, the Animal Control Authority shall seize the dog and have it sterilized at the owner’s expense. If the owner does not surrender the dog after the 30-day period expires, then the Animal Control Authority may seize the dog pursuant to § 92.08(B).
(i) An owner of a dangerous dog shall renew the registration of the dog annually until the dog is deceased.
(H) Release. If a dangerous dog was impounded by the Animal Control Authority or upon order of a Hearing Officer, the dog shall not be released until the owner demonstrates to the Animal Control Authority that all applicable requirements of this chapter, including all registration requirements imposed by this section or applicable state law, have been complied with. The owner shall have a maximum of 30 days to comply with all requirements. The owner shall be responsible for all costs incurred in the seizure and boarding of the dog, prior or the dog’s return.
(I) Revocation.
(1) Any certificate of registration for a dangerous dog may be revoked, 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 chapter or applicable state law. The provisions of §§ 92.10 and 92.11, 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 how the dog is not being kept in conformance with this chapter 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 § 92.07(B). The Hearing Officer may allow the hearing date to be extended beyond the 20-day period for good cause.
(3) If a dangerous dog certificate of registration is revoked following the 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 obtain the dog if the owner is in compliance with all registration requirements.
(J) 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 County to a new location or new jurisdiction, within 30 days of the death or relocation. An owner shall, if instructed 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.
(K) Sale or transfer of dangerous dogs. A person who sells or otherwise 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 seller must also notify the Animal Control Authority, in writing, of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number.
(L) Dangerous dog requirements.
(1) Requirements. For any dog determined or declared to be dangerous by operation of this chapter, 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 chapter or state law.
(2) Restraint. An owner of a dangerous dog shall, at all times, keep the dog, while on the owner’s property, in a proper enclosure as defined by § 92.06. If for any reason and at any time a dangerous dog is not in a proper enclosure the dangerous dog must be 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.
(3) Leased property. 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 or potentially dangerous dog that will reside at the property.
(4) Warning symbol. If the county issues a certificate of registration to the owner of a dangerous dog pursuant to this chapter, the county must provide, for posting on the owner’s property, an adequate number of warning symbols to inform all persons, including children, that there is a dangerous dog on the property. The design of the warning symbol must be uniform with any specifications for such a sign as issued by the Minnesota Commissioner of Public Safety, if any, and shall otherwise be obtained by the county from the Commissioner of Public Safety. The county will charge the owner a reasonable fee to cover its administrative costs and the cost of the warning symbol.
(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, as developed by the Commissioner of Public Safety or the Animal Control Authority, affixed to the dog’s collar at all times.
(6) Property inspection. The owner of a dangerous dog shall permit the Animal Control Authority and/or law enforcement to enter the property where a dangerous dog is kept or located, at all hours reasonable under the circumstances, without a warrant or other advance judicial process, to inspect the premises so as to ensure compliance with the provisions of this chapter, 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 § 92.10 and revoke the dangerous dog registration pursuant to division (I) of this section.
(7) Violation. The Animal Control Authority shall immediately seize a dangerous dog if requirements imposed by this chapter are not followed. The owner or custodian may reclaim the dog upon payment of impounding and boarding fees and upon presenting proof to the Animal Control Authority that the requirements of M.S. §§ 347.51 and 347.52 have been met. A dangerous dog not reclaimed under this section within 14 days may be disposed of as provided by law, and the owner is liable to the Animal Control Authority for costs incurred in confining and disposing of the dog.
(8) Review of conditions. 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 Hearing Officer may use discretion in determining whether the conditions set forth above are still required.
(9) Review of designation. The Animal Control Authority or Hearing Officer may, upon the written request of the owner, review the status of a dog which has been determined to be dangerous if a period of two years has passed without any further incidents or violations of this chapter and may use discretion in determining whether any conditions which have been ordered are still required. If the review is conducted by the Hearing Officer, the burden of proof shall be upon the dog’s owner and the standard of proof shall be by clear and convincing evidence. 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. This designation may be reviewed again no sooner than one year following the Hearing Officer’s most recent order regarding the designation of the dog as dangerous. An administrative hearing fee shall be required prior to such a review. In the event that the dangerous dog designation is upheld by the Hearing Officer, all actual expenses of the hearing will be the responsibility of the dog’s owner.
(Ord. 69-2010, passed 8-10-10) Penalty, see § 92.99