(A) Definition of DANGEROUS DOG. The definition of a DANGEROUS DOG shall be taken from M.S. §§ 347.50 to 347.56, as those statutes may be amended from time to time, which are hereby adopted and incorporated by reference into the City Code. The Enforcement Officer, or designee, shall have the authority to order the euthanasia of a dangerous dog meeting the criteria established in state statute, subject to the procedure set forth herein.
(B) Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked outdoor pen or structure suitable to prevent the dog 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.
(C) Unprovoked. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated, or disturbed.
(D) Procedure/hearing. The procedure to seize an animal that appears to be dangerous shall be as follows:
(1) Notify the owner, by registered mail that the animal appears to be dangerous. The notice shall specify the dates, times, places and parties or animals bitten. Said notice shall also apprise the owner of the animal that he or she may request a hearing before the City Council by notifying the City Clerk/Treasurer within ten days after the receipt of the notice.
(2) If the owner does not request a hearing within 14 days of said notice, the Enforcement Officer shall immediately take possession of the animal and euthanize the same.
(3) If the owner of the animal requests a hearing as to the dangerous nature of the animal, the City Clerk/Treasurer shall place the matter before the City Council at its next regular meeting. The owner may present evidence in opposition to the designation of the animal as dangerous. The Enforcement Officer shall present evidence to the City Council that supports the determination that the animal is dangerous. Following the hearing, the Council shall make a determination of the facts and issue an order as to whether or not said animal is properly characterized as dangerous. If the Council determines that the animal is dangerous, it will then order the owner to deliver said animal to the Enforcement Officer for the purpose of euthanizing said animal, unless the owner provides an alternative proposal, acceptable to the City Council which may include the permanent removal of the animal from the city limits.
Editor’s note:
For any fees or costs associated with a licenses, see the ordinance adopting a schedule of fines and fees on file in the city offices.