(A) The Animal Control Officer or his or her designee may declare an animal potentially dangerous if one of the following criteria is met:
(1) The animal, without provocation, attacks or bites a person or a domestic animal on public or private property;
(2) The animal, without provocation, chases or approaches a person, including, but not limited to, on a bicycle or upon the street, sidewalk or any public or private property in an apparent attitude of attack or in a menacing fashion;
(3) The animal has a known propensity, tendency, or disposition to attack without provocation, to cause injury, or to otherwise threaten the safety of any person or domestic animal; or
(4) The animal is owned or harbored primarily or in part for the purpose of fighting or is trained for fighting.
(B) The person making such declaration shall notify the animal's owner in writing of the declaration and provide information pertaining to the regulation of dangerous animals. The owner may appeal this designation according to the procedures in division (D)(1) of this section. Notwithstanding any appeal that may be requested by the owner, the owner shall comply with the provisions of this section until and unless the declaration is reversed by the hearing officer or a court of law.
(C) The owner of a potentially dangerous dog must have a microchip implanted in the dog for identification pursuant to M.S. § 347.515. Proof in the form of a receipt of the implanted microchip must be provided to the Dayton Police Department within 14 days of notification under this division. The name of the microchip manufacturer and identification number must also be provided to the animal control authority.
(D) Potentially dangerous animal appeal.
(1) The owner may appeal by delivering a written notice of appeal to the Dayton Police Department within seven days after receipt of the notice referred to in division (B) of this section. The notice of appeal must identify the name, address, and telephone number of the owner, include complete animal information, and must state the basis for the appeal. Upon receipt of a valid notice of appeal, a hearing shall be held within 14 days of the request before an impartial hearing examiner who shall not be a member of the Dayton city staff. The rules of evidence need not be strictly followed and records of the Animal Control Officer or law enforcement officer shall be considered without further foundation. After considering all evidence submitted, the hearing examiner shall issue a written order setting forth whether the animal is potentially dangerous pursuant to M.S. § 347.50. The order shall be made within ten business days after the hearing and shall be served by mail or personal service upon the owner as soon as practical.
(2) The hearing officer shall be appointed by the City Administrator or his or her designee. The hearing officer shall receive compensation in an amount to be determined by the City Council. The decision of a hearing officer is effective the date it is issued, unless a later date is stated in the decision.
(E) The owner of a potentially dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure or on a substantial leash. For the purpose of this section, the term "substantial leash" shall mean a leash that properly and completely restrains the potentially dangerous dog's movements.
(F) The owner of a potentially dangerous dog shall muzzle and restrain the dog on a substantial leash not to extend more than six feet whenever off of its own property. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or respiration, such as a basket-type muzzle.
(G) The owner of a potentially dangerous dog must post a clearly visible purchased "Beware of Dog" sign. The sign must be at least ten inches by 14 inches in dimension.
(H) (1) The owners of a potentially dangerous dog shall notify the Dayton Police Department in writing if the potentially dangerous dog:
(a) Dies or is sold or transferred;
(b) Is to be kept at a location or residence within the city that is new or different from the owner's property on file with the Dayton Police Department; or
(c) Shall no longer be kept within the city.
(2) Such notice shall be provided within 14 days of said event and shall include, but is not limited to (if applicable), the name, address and contact information of any new owner and location(s) where the dog is being kept.
(Ord. 2014-11, passed 7-8-2014)