(A) Definitions:
DANGEROUS DOG:
1. Any dog that has:
(a) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(b) Killed a domestic animal without provocation while off the owner's property; or
(c) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
2. A dog shall not be declared a "dangerous dog" if the threat, injury, or damage was sustained by a person:
(a) Who was committing, at the time, a wilful trespass or other tort upon the premises occupied by the owner of the dog;
(b) Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
(c) Who was committing or attempting to commit a crime.
POTENTIALLY DANGEROUS DOG: Any dog that:
1. When unprovoked, inflicts bites on a human or domestic animal on public or private property;
2. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
(B) Registration Required: All dangerous dogs must be registered with the City. The City shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that:
1. A proper enclosure exists for the dangerous dog as required under this section and a posting on the premises with a clearly visible warning sign as required under this section, including a warning symbol to inform children that there is a dangerous dog on the property; and
2. A surety bond issued by a surety company authorized to conduct business in this State in a form acceptable to the City in the sum of at least fifty thousand dollars ($50,000.00), payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this State in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the City Clerk.
At the time of registration, the City shall provide to the owner of the dangerous dog for posting on the owner's property a copy of a warning symbol to inform children that there is a dangerous dog on the property.
(C) Fees:
1. Registration: The City shall charge an annual registration fee, which amount shall be set by resolution of the City Council from time to time.
2. Warning Symbols: The City shall charge a fee for warning symbols provided to owners of dangerous dogs for posting on their property, which amount shall be set by resolution of the City Council from time to time.
(D) Requirements: Owners of dangerous dogs within the City shall comply with the following:
1. Tag: A dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol required by the City affixed to the dog's collar at all times.
2. Confinement: All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as required under this section. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet (2'). All structures erected to house dangerous dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
3. Leash And Muzzle: No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet (4') in length. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, and the like. In addition, all dangerous dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
4. Confinement Indoors: No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(E) Law Enforcement Exemption: The provisions of this section do not apply to dangerous dogs used by law enforcement officials for policework.
(F) Confiscation:
1. Seizure: The City shall immediately seize any dangerous dog if:
(a) After fourteen (14) days after the owner has notice that the dog is dangerous, the dog is not validly registered under this section;
(b) After fourteen (14) days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under this section;
(c) The dog is not maintained in the proper enclosure; or
(d) The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under this section.
2. Reclaimed: An owner may reclaim a dangerous dog seized under this section by paying impounding and boarding fees and presenting proof to the City that the requirements of this section have been met. The City may dispose of a dog that is not reclaimed within seven (7) days and the owner is liable to the City for costs incurred in confining and disposing of the dog.
3. Subsequent Offenses: The City shall seize any dog where a person has been convicted of a misdemeanor for violating Minnesota Statutes Annotated 347.51 or 347.52, and the person is charged with a subsequent violation relating to the same dog. If the person is convicted of the crime for which the dog was seized, the City will destroy the dog in accordance with the order of the court and the owner shall pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the dog may be reclaimed pursuant to subsection (F)2 of this section or disposed of within seven (7) days if unclaimed. (Ord. 019-746, 5-20-2019; amd. Ord. 023-777, 12-4-2023, eff. 1-1-2024)