For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction.
DANGEROUS ANIMAL. A dog which has:
(1) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(2) Killed a domestic animal without provocation while off the owner’s property; or
(3) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
DOG. Both male and female and includes any animal of the dog kind.
GREAT BODILY HARM. Has the meaning given it under M.S. § 609.02, Subd. 8: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
HABITUALLY OR FREQUENTLY BARK OR CRY. Barking or crying intermittently for at least ten minutes, which barking or crying is audible off the premises where the dog is located at the time of the incident.
KENNEL. Any person engaged in the business of breeding, buying, selling or boarding dogs; provided, that such person customarily owns or boards more than three dogs over six months of age.
OFFICER. Any police officer of the city or persons designated by the City Manager to assist in the enforcement of this chapter. Such persons shall have police powers insofar as is necessary to enforce this chapter, and no person shall interfere with, hinder or molest them in the exercise of such powers.
OWN. To have a property interest in, or to, harbor, feed, board, keep or possess.
OWNER. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.
POTENTIALLY DANGEROUS DOG. Any dog that:
(1) When unprovoked, inflicts bites 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.
POUND. Any premises designated by the City Council for the purpose of impounding and caring for dogs held under the authority of this chapter.
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. 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.
PROVOCATION. An act that an adult could reasonably expect may cause a dog to attack or bite.
RESTRAINT. A dog, less than 50 pounds, shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by a responsible person and under that person’s effective control. A dog of 50 pounds or more shall be deemed to be under restraint if it is in a kennel, an enclosed or fenced yard, or if on a leash accompanied by a responsible person.
SUBSTANTIAL BODILY HARM. Has the meaning given it under M.S. § 609.02, Subd. 7a, as it may be amended from time to time: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
VICIOUS DOG. Any dog which has a propensity or tendency towards acts which might endanger the safety of persons or property. This definition is not limited to biting dogs, but includes those dogs which have a natural fierceness or disposition to mischief.
(Prior Code, § 10.05) (Ord. 321, Second Series, passed 10-13-2009)