(A) General.
(1) Attack by an animal. It shall be unlawful for any person’s animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner’s home with criminal intent.
(2) Destruction of dangerous animal. The Animal Control Officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this chapter.
(3) Definitions. For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL. An animal, including dangerous dogs as defined by M.S. § 347.50, as amended from time to time, which has:
1. Caused bodily injury or disfigurement to any person on public or private property;
2. Engaged in any attack on any person under circumstances which would indicate danger to personal safety;
3. Exhibited unusually aggressive behavior, such as an attack on another animal;
4. Bitten one or more persons on two or more occasions; or
5. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals.
POTENTIALLY DANGEROUS ANIMAL. An animal, including potentially dangerous dogs as defined by M.S. § 347.50, as amended from time to time, which has:
1. Bitten a human or a domestic animal on public or private property;
2. When unprovoked, chased or approached a person upon the streets, sidewalks or any public property in an apparent attitude of attack; or
3. Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals.
PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A PROPER ENCLOSURE does not include a porch, patio or any part of a house, garage or other structure that would allow the animal 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 barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications:
1. Have a minimum overall floor size of 32 square feet;
2. Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be one and one-fourth-inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground;
3. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches; and
4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel.
UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated or disturbed.
(4) Designation as potentially dangerous animal. The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has, when unprovoked, then bitten, attacked or threatened the safety of a person or a domestic animal as stated in division (A)(3) above. When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous.
(5) .Designation as dangerous animal. The Animal Control Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following:
(a) The animal has, when unprovoked, bitten, attacked or threatened the safety of a person or domestic animal as stated in division (A)(3) above; and/or
(b) The animal has been declared potentially dangerous and the animal has then bitten, attacked or threatened the safety of a person or domestic animal as stated in division (A)(3) above.
(Prior Code, § 901.11)
(B) License required. The owner must annually license dangerous and potentially dangerous animals with the city and must license a newly declared dangerous or potentially dangerous animal within 14 days after notice that a animal has been declared dangerous or potentially dangerous. Regardless of any appeal that may be requested, the owner must comply with the requirements of M.S. § 347.52(a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the city upon transfer or death of the animal, until and unless a hearing officer or court of law reverses the declaration.
(1) Process for dangerous animals. The city will issue a license to the owner of a dangerous animal if the owner presents sufficient evidence that:
(a) There is a proper enclosure;
(b) Written proof that there is a surety bond by a surety company authorized to conduct business in Minnesota in the sum of at least $300,000, payable to any person injured by a dangerous animal, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in Minnesota in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous animal. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the city is notified in writing by the surety company or the insurance company at least ten days prior to such cancellation;
(c) The owner has paid the annual license fee for dangerous animals as established in the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this Code.
(d) The owner has had a microchip identification implanted in the dangerous animal. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, it may be implanted by the city at the owner's expense; and
(e) The owner provides proof that the animal has been sterilized. If the owner does not sterilize the animal within 30 days, the city may seize the animal and sterilize it at the owner's expense.
(2) Process for potentially dangerous animals. The city will issue a license to the owner of a potentially dangerous animal if the owner presents sufficient evidence that:
(a) There is a proper enclosure;
(b) The owner has paid the annual license fee;
(c) The owner has had a microchip identification implanted in the potentially dangerous animal. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, it may be implanted by the city at the owner's expense.
(3) Inspection. A pre-license inspection of the premises to insure compliance with the city code is required. If the city issues a license to the owner of a dangerous or potentially dangerous animal, the city shall be allowed at any reasonable time to inspect the animal, the proper enclosure and all places where the animal is kept.
(4) Warning symbol. The owner of a dangerous animal licensed under this section must post a sign with the uniform dangerous animal warning symbol on the property in order to inform children that there is a dangerous animal on the property. The sign will be provided by the city upon issuance of the license.
(5) Tags. A dangerous animal licensed under this section must wear a standardized, easily identifiable tag at all times that contains the uniform dangerous animal symbol, identifying the animal as dangerous. The tag shall be provided by the city upon issuance of the license.
(6) License fee. The city will charge the owner an annual license fee for a dangerous or potentially dangerous animal as established in the Ordinance to Establish Fees and Charges as it may be amended from time to time.
(C) Properly restrained in proper enclosure or outside of proper enclosure. While on the owner's property, an owner of a dangerous or potentially dangerous animal must keep it in a proper enclosure. Inside a residential home, there must be a secured area maintained where the animal will stay when persons other than family members are present. If the animal is outside the proper enclosure, the animal must be muzzled and restrained by a substantial chain or leash no longer than four feet and under the physical restraint of an adult. The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration.
(D) Notification requirements to city.
(1) Relocation or death. The owner of a animal that has been declared dangerous or potentially dangerous must notify the City Clerk in writing if the animal is to be relocated from its current address or if the animal has died. The notification must be given in writing within 30 days of the relocation or death. The notification must include the current owner's name and address, and the new owner's name and the relocation address. If the relocation address is outside of the city, the city may notify the local law enforcement agency of the transfer of the animal into its jurisdiction.
(2) Renter's obligations. A person who owns or possess a dangerous or potentially dangerous animal and who will rent property from another where the animal will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a dangerous or potentially dangerous animal that will reside at the property. A animal owner, who is currently renting property, must notify the property owner within 14 days of city notification if the owned animal is newly declared as dangerous or potentially dangerous and the owner keeps the animal on the property.
(3) Transfer of ownership into the city. No animal that has been previously determined to be dangerous or potentially dangerous by another jurisdiction shall be kept, owned or harbored in the city unless the animal's owner complies with the requirements of this section prior to bringing the animal into the city. Animals in violation of this division are subject to impoundment and destruction.
(E) Seizure. Animal control may immediately seize any dangerous or potentially dangerous animal if:
(1) After 14 days after the owner has notice that the animal is declared dangerous or potentially dangerous, the animal is not validly licensed and no appeal has been filed;
(2) After 14 days after the owner has notice that the animal is dangerous, the owner does not secure the proper liability insurance or surety coverage as required or such required insurance is cancelled;
(3) The animal is not maintained in a proper enclosure;
(4) The animal is outside the proper enclosure and not under proper restraint, as required by § 91.11(C);
(5) After 30 days after the owner has notice that the animal is dangerous, the animal is not sterilized, as required by § 91.11(B)(1)(e);
(6) The animal's microchip has been removed.
(F) Reclamation. A animal seized under § 91.11(E) may be reclaimed by the owner of the animal upon payment of maintenance costs, and presenting proof to animal control that the requirements of this section have been met. A animal not reclaimed under this division within seven days may be disposed of and the owner will be liable to the city for maintenance costs. A person claiming an interest in a seized animal may prevent disposition of the animal by posting a security in an amount sufficient to provide for the animal's maintenance costs. The security must be posted with the city within seven days of the seizure inclusive of the date seized.
(G) Subsequent offenses: seizure. If a person has been convicted of violating a provision of this section, and the person is charged with a subsequent violation relating to the same animal, the animal may be seized. If the owner is convicted of the crime for which the animal was seized, the court may order that the animal be destroyed in a proper and humane manner and the owner pay the maintenance costs. If the owner is not convicted and the animal is not reclaimed by the owner within seven days after the owner has been notified that the animal may be reclaimed, the animal may be disposed of in manner permitted by law.
(H) Notice, hearings.
(1) Notice. After a animal has been declared dangerous or potentially dangerous or has been seized for destruction, the city shall give notice by delivering or mailing it to the owner of the animal, or by posting a copy of it at the place where the animal is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include:
(a) A description of the seized animal; the authority for and purpose of the declaration and seizure; the time, place, and circumstances under which the animal was declared; and the telephone number and contact person where the animal is kept;
(b) A statement that the owner of the animal may request a hearing concerning the declaration and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing;
(c) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of M.S. § 347.52(a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the city upon transfer or death of the animal, until such time as the hearing officer issues an opinion;
(d) A statement that if the hearing officer affirms the dangerous animal declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of M.S. § 347.51, 347.515, and 347.52, as they may be amended from time to time;
(e) A form to request a hearing; and
(f) A statement that if the animal has been seized, all maintenance costs of the care, keeping, and disposition of the animal pending the outcome of the hearing are the responsibility of the owner, unless a court or hearing officer finds that the seizure or impoundment was not reasonably justified by law.
(2) Right to hearing.
(a) After a animal has been declared dangerous, potentially dangerous or has been seized for destruction, the owner may appeal in writing to the city within 14 days after notice of the declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing. The owner must pay a $100 fee for an appeal hearing.
(b) The appeal hearing will be held within 14 days of the request. The hearing officer must be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(c) If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000, as well as all maintenance costs, will be the responsibility of the animal's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision shall be delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the city. The decision of the hearing officer is final.
(I) Destruction of certain animals. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any animal, after proper notice is given pursuant to § 91.11(H) and upon a finding that:
(1) The animal has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner;
(2) The animal has been declared dangerous, the owner's right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with the provisions of this section;
(3) It is determined that the animal is infected with rabies;
(4) The animal inflicted substantial or great bodily harm on a human on public or private property without provocation;
(5) The animal inflicted multiple bites on a human on public or private property without provocation;
(6) The animal bit multiple human victims on public or private property in the same attack without provocation;
(7) The animal bit a human on public or private property without provocation in an attack where more than one animal participated in the attack; or
(8) The animal poses a danger to the public's health, safety or welfare. In determining whether the animal poses a danger to the public's health, safety or welfare, the following factors may be considered:
(a) The animal weighs more than 20 pounds;
(b) The strength of the animal, including jaw strength;
(c) The animal's tolerance for pain;
(d) The animal's tendency to refuse to terminate an attack;
(e) The animal's propensity to bite humans or other domestic animals;
(f) The animal's potential for unpredictable behavior;
(g) The animal's aggressiveness;
(h) The likelihood that a bite by the animal will result in serious injury.
(J) Concealing of animals. No person may harbor, hide or conceal a animal that the city has the authority to seize or that has been ordered into custody for destruction or other proper disposition.
(K) Animal ownership prohibited.
(1) Except as provided below, a person shall not own a animal if the person has been:
(a) Convicted of a third or subsequent violation of § 91.11(B), (C) or (D) or similar ordinance in another jurisdiction, or M.S. §§ 347.51, 347.515 or 347.52, as they may be amended from time to time;
(b) Convicted of second degree manslaughter due to negligent or intentional use of a animal under M.S. § 609.205(4), as it may be amended from time to time; or
(c) Convicted of gross misdemeanor harm caused by a animal under M.S. § 609.226, subd. 1 , as it may be amended from time to time.
(2) Any person who owns a dangerous or potentially dangerous animal and is found to be in violation of any of the provisions of this section or had owned a dangerous or potentially dangerous animal but never achieved compliance with this section may be prohibited from ownership or custody of another animal for a period of five years after the original declaration. Any animal found to be in violation, may be impounded until due process is completed, pursuant to § 91.11(H).
(3) If any member of a household is prohibited from owning a animal in § 91.11(K)(1) or (2), unless specifically approved with or without restrictions by the city, no person in the household is permitted to own a animal.