(A) Seizure. The Animal Control Authority shall immediately seize any dangerous dog or potentially dangerous dog if:
(1) After 30 days after the owner has notice that the dog is dangerous or potentially dangerous, the dog is not validly registered under this chapter or applicable state law;
(2) After 30 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under this chapter;
(3) The dog is not maintained in a proper enclosure as defined in § 92.06;
(4) The dog is outside the proper enclosure and not under the proper physical restraint of a responsible person as required under this chapter or any applicable state law;
(5) The owner is served with written notice, by certified mail to the owner’s last known address, that the owner is in violation of any of the requirements of this chapter or any applicable state statute, or is in violation of any directive issued by the Animal Control Authority or order from a Hearing Officer, and within 30 days of service of such written notice, has refused or failed to achieve satisfactory compliance;
(6) The Animal Control Authority has reason to believe that the dog is a dangerous or potentially dangerous dog and is kept or maintained under conditions or circumstances creating an unacceptable risk of harm to physical persons or other domesticated animals; or
(7) For any other reason authorized by law.
(B) Additional dogs subject to seizure.
(1) Any dog found to be in circumstances, which, to a reasonable person, indicate that the dog has been or will be used, trained, or encouraged to fight with another animal, or any animal whose owner has in custody or possession any training apparatus, paraphernalia, or drugs used to prepare such dog to be fought with another animal is hereby declared to be a public nuisance and shall be immediately seized and held.
(2) Any dog may be seized and held to determine if rabid.
(3) Any dog which meets the definitions of dangerous dog or potentially dangerous dog found in § 92.06 may be seized and held by the Animal Control Authority at a place designated by the Animal Control Authority pending a determination whether the animal is dangerous or potentially dangerous.
(C) Reclaiming dogs. A dog seized under this chapter may be released to the owner upon payment of impounding and boarding fees and upon presenting proof to the Animal Control Authority that all requirements of this chapter and state law have or will be met. A dog not reclaimed under this subdivision within five days may be disposed of as provided under M.S. § 35.71, subd. 3, and the owner is liable to the Animal Control Authority for costs incurred in confining and disposing of the dog.
(D) Subsequent offenses. If a person has been convicted of a misdemeanor for violating a provision of this chapter and the person is charged with a subsequent violation relating to the same dog, the dog shall be seized by the Animal Control Authority. If the owner is convicted of the crime for which the dog was seized, the court shall order the dog be destroyed in a proper and humane manner and order the owner to pay the cost of confining and destroying the dog. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the Animal Control Authority of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within 30 days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under M.S. § 35.71, subd. 3. The owner is liable to the Animal Control Authority for the costs incurred in confining, impounding, and disposing of the dog.
(Ord. 69-2010, passed 8-10-10) Penalty, see § 92.99