(A) Circumstances. Notwithstanding M.S. §§ 347.51 through 347.55, as it may be amended from time to time, or other provisions of this code, a dog may be declared dangerous and destroyed in a proper and humane manner by the animal control authority if the dog:
(1) Inflicted substantial or great bodily harm on a human on public or private property without provocation;
(2) Inflicted multiple bites on a human on public or private property without provocation;
(3) Bit multiple human victims on public or private property in the same attack without provocation; or
(4) Bit a human on public or private property without provocation in an attack where more than one dog participated in the attack.
(B) Hearing requirement. The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. The definitions in M.S. § 347.50, as it may be amended from time to time, and the exemptions under M.S. § 347.51, Subd. 5, apply to this section.
(1) Sworn complaint; issue summons. Upon sworn complaint to a court of proper jurisdiction that one of the facts set forth in § 93.30(A) exist: The presiding officer of the court shall issue a summons directed to the owner of the dog commanding such owner to appear before the court to show cause why the dog should not be seized by any police officer, or otherwise disposed of in the manner authorized in this chapter.
(2) Hearing; court order. Such summons shall be returnable not less than two nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the court may either order the dog killed or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place, or may revoke the owner’s current dog license and specify a period of time during which the owner will not be permitted to purchase a dog license. If the
owner or custodian violates such order, any police officer may impound any dog described in such order. The provisions of this section are in addition to and supplemental to other provisions of this chapter.
(3) Costs of proceedings. Costs of the proceeding specified by this section shall be assessed against the owner or custodian of the dog, if the facts in the complaint are found to be true; or to the complainant, if the facts are found to be untrue.
(Ord. 321, Second Series, passed 10-13-2009)