(A) Generally.
(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 section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL. An animal 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. An animal 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.
1. 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.
2. A pen or kennel shall meet the following minimum specifications:
a. Have a minimum overall floor size of 32 square feet;
b. 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-quarter-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;
c. 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; or
d. 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 such evidence that such 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 such animal is potentially dangerous.
(5) Evidence justifying designation. 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; or
(b) The animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in division (A)(3) above.
(6) Authority to order destruction. The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of facts:
(a) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or
(b) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals.
(7) Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner.
(a) The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places, and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination.
(a) If no appeal is filed, the orders issued will stand or the Animal Control Officer may order the animal destroyed.
(b) If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Council, which shall set a date for hearing not more than three weeks after demand for the hearing. The records of the Animal Control or City Clerk/Treasurer’s offices shall be admissible for consideration by the Animal Control Officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Council shall make an order as it deems proper. The City Council may order that the Animal Control Officer take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the Animal Control Officer.
(c) No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction.
(8) Stopping an attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
(9) Notification of new address.
(a) The owner of an animal which has been identified as dangerous or potentially dangerous must notify the Animal Control Officer in writing if the animal is to be relocated from its current address or given or sold to another person.
(b) The notification must be given in writing at least 14 days prior to the relocation or transfer of ownership.
(c) The notification must include the current owner’s name and address, the relocation address, and the name of the new owner, if any.
(Prior Code, § 1301.110)
(B) Dangerous animal requirements.
(1) Requirements. If the City Council does not order the destruction of an animal that has been declared dangerous, the City Council may, as an alternative, order any or all of the following:
(a) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in division (A)(3) above;
(b) Post at the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in M.S. § 347.51, as it may be amended from time to time;
(c) Provide and show proof annually of public liability insurance in the minimum amount of $300,000;
(d) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration;
(e) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.51, as it may be amended from time to time;
(f) All animals deemed dangerous by the Animal Control Officer shall be registered with the county in which this city is located within 14 days after the date the animal was so deemed and provide satisfactory proof thereof to the Animal Control Officer; and
(g) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination.
(2) Seizure. Animal Control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to District Court by serving a summons and petition upon the city and filing it with the District Court.
(3) Reclaiming animals. A dangerous animal seized under division (B)(2) above, may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to Animal Control that each of the requirements under division (B)(1) above is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under division (A)(6) above and the owner is liable to Animal Control for costs incurred in confining the animal.
(4) Subsequent offenses.
(a) If an owner of an animal has subsequently violated the provisions under division (A) above with the same animal, the animal must be seized by Animal Control. The owner may request a hearing as defined in division (A)(6) above.
(b) If the owner is found to have violated the provisions for which the animal was seized, the Animal Control Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal.
(c) If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of division (B)(3) above.
(d) If the animal is not yet reclaimed by the owner within 14 days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under section division (A)(6) above and the owner is liable to the Animal Control for the costs incurred in confining, impounding, and disposing of the animal.
(Prior Code, § 1301.120)
(Ord. passed 2-6-2008) Penalty, see § 10.99