5-4-6: DANGEROUS AND POTENTIALLY DANGEROUS DOGS:
   A.    Duties Of Owner Of Potentially Dangerous And Dangerous Dog: A person who owns or keeps a dangerous dog must comply with the requirements of Minnesota Statutes sections 347.50 through 347.565 as may be amended from time to time, and which are adopted and incorporated herein by reference.
   B.    Designation Of Dog As Dangerous Or Potentially Dangerous: The animal control authority may determine that a dog is a potentially dangerous dog or a dangerous dog. In accordance with Minnesota Statutes section 347.51, subd. 5, a dog shall not be deemed to be a potentially dangerous dog or a dangerous dog if the threat, injury, or damage was sustained by a person: 1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; 2) 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 3) who was committing or attempting to commit a crime.
   C.   Notice of Designation of Potentially Dangerous or Dangerous Dog. The Animal Control Officer shall notify the owner(s) of the dog in writing that the dog has been determined to be potentially dangerous or dangerous. If the dog is determined to be potentially dangerous, the owner shall be informed of the microchip requirements found in Minn. Stat. Sec. 347.515. If the dog is determined to be a dangerous dog, the owner shall be informed of the applicable conditions and requirements imposed by state statue and the City code.
   D.   Appeal Of Designation: Upon determination by the animal control authority that a dog is a potentially dangerous dog or dangerous dog, the City shall provide notice of this determination and information regarding the right to a hearing concerning the potentially dangerous dog or dangerous dog declaration to the owner of the dog pursuant to Minnesota Statutes section 347.541, subdivision 3. The notice must include all the information required by Minnesota Statutes section 347.541 subdivision 3.
The notice declaring the dog potentially dangerous or dangerous shall be delivered or mailed to the owner of the dog or served by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible.
   E.   Potentially Dangerous Dog; Requirements: Potentially dangerous dogs must have a microchip implanted in the dog for identification and the name and microchip manufacturer and identification number of the microchip must be provided to the Animal Control Officer as required by Minn. Stat. Sec. 347.515.
   F.   Dangerous Dog; Requirements:
      1.   Registration: No person may keep a dangerous dog within the City unless the dog is currently registered as provided in this section. Registration must be completed within fourteen (14) days from the owner's receipt of notice of declaration of dangerous dog unless a timely appeal has been filed. The animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence of the following, which are required by Minnesota Statutes sections 347.50 through 347.565:
         a.   Fees: An annual registration fee that shall be included in the City's fee schedule, in addition to the City's licensing fee.
         b.   Leash And Muzzle: No person shall permit a dangerous dog to go outside its owner's property unless secured by a leash no longer than six feet (6') in length, with a responsible person in physical control of the leash. The dog must also be muzzled to prevent biting.
         c.   Confinement: While on its owner's property, dangerous dogs must be confined to the yard by kennel, fence, or leash. Electronic perimeter fences shall not be allowed for the confinement of dangerous dogs.
         d.   Signs: All owners of dangerous dogs within the City must display a sign easily readable by the public using the words "Beware of Dangerous Dog". In addition, a similar sign is required to be posted on the kennel of such animal. A warning symbol to inform children that there is a dangerous dog on the property must also be displayed. The uniform symbol must be the uniform symbol provided by the Commissioner of Public Safety. The animal control authority will provide the warning symbol for a fee as set forth in the City fee schedule.
         e.   Microchip: Proof of implantation of the microchip identification in compliance with State law.
         f.   Notification Of Property Owner: A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property.
      2.   Dog Park: Dogs deemed dangerous by this or any other political subdivision are prohibited from obtaining an animal pass for the City's dog park.
      3.   Tag: A dangerous dog must have a standardized, easily identifiable tag identifying the dog as a dangerous dog and containing the uniform dangerous dog symbol affixed to the dog's collar at all times.
      4.   Sterilization: The owner of a dangerous dog must, at the owner's sole expense, sterilize the dog within thirty (30) days of the dog's designation as a dangerous dog. If the owner does not sterilize the dog, the animal control authority shall seize the dog and have it sterilized at the owner's expense.
      5.   Surety Bond Or Insurance Policy: The owner of a dangerous dog must provide a surety bond in a form acceptable to the animal control authority, issued by a surety company authorized to conduct business in Minnesota in the amount of at least three hundred thousand dollars ($300,000.00), payable to any person injured by the dangerous dog or a policy of liability insurance company authorized to do business in Minnesota in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog.
   G.   Hearing:
      1.   Right To Hearing: The owner of any dog declared a potentially dangerous dog or dangerous dog has the right to a hearing by an impartial Hearing Officer who may be either an impartial employee of the City or an impartial person retained by the City to conduct the hearing.
      2.   Fee: The owner of the dog appealing must submit a non-refundable hearing fee as set forth in the City fee schedule at the time of the appeal.
      3.   Appeal Of Potentially Dangerous Dog Or Dangerous Dog Designation: The owner of a dog designated by the animal control authority as a potentially dangerous dog or dangerous dog must file an appeal of that designation with the office of the animal control authority within fourteen (14) days of receipt of the notice of declaration of potentially dangerous dog or dangerous dog.
      4.   Hearing Scheduling And Conduct: If the owner properly files an appeal of the potentially dangerous dog or dangerous dog designation, the City must hold a hearing within fourteen (14) days after the owner's request.
      5.   Evidence And Testimony: At the hearing, the owner of the dog shall have an opportunity to present evidence and testimony to support the appeal of the potentially dangerous or dangerous dog declaration. The Hearing Officer may receive evidence from the animal control authority regarding the initial potentially dangerous or dangerous dog declaration.
      6.   Decision: Upon receiving the evidence and testimony, the Hearing Officer shall uphold or rescind the potentially dangerous or dangerous dog declaration. The Hearing Officer shall issue a decision on the matter within ten (10) days after the hearing. The decision must be delivered to the owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority.
      7.   Hearing Cost. In addition to the non-refundable hearing fee, if the declaration that the dog is potentially dangerous or dangerous is upheld by the hearing officer, the actual expenses of the hearing, up to a maximum of one thousand dollars ($1,000.00) shall be paid by the owner of the dog.
   H.   Dangerous Dog And Potentially Dangerous Designation Review: Review of a potentially dangerous dog or dangerous dog designation may be requested annually beginning six (6) months after the dog is declared to be a potentially dangerous dog or one year after the dog is declared to be a dangerous dog. The owner must present evidence to the animal control authority or designee that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, the authority may rescind the potentially dangerous dog or dangerous dog designation.
   I.   Notification Of Changes: The owner of a dog designated as a dangerous dog shall notify the animal control authority in writing if the dog has died, is relocated from its current address, or is being given or sold to another person. The notification must be given in writing within thirty (30) days after the change in ownership or location or the dog's death. If requested by the animal control authority, the owner must execute an affidavit under oath setting forth the circumstances of the dog's death and disposition of the dog, or the complete name, address, and telephone number of the person to whom the dog has been transferred, whichever the case may be.
   J.   Confiscation And Reclamation Of Dangerous Dogs: The Police Department may summarily seize and impound a dangerous dog under the following circumstances:
      1.   The owner fails to validly register the dog under this section within fourteen (14) days of its designation as a dangerous dog.
      2.   The owner fails to secure the required liability insurance or surety bond under this section within fourteen (14) days of its designation as a dangerous dog.
      3.   The owner fails to keep the dog properly confined.
      4.   The dog is not properly confined or controlled in accordance with the requirements herein, and under physical restraint of a responsible person as required by this section.
      5.   The owner fails to sterilize the dog within thirty (30) days of its designation as a dangerous dog.
      6.   The owner is convicted of a misdemeanor for violating the provisions of this section and the person is charged with a subsequent violation relating to the same dog. If the owner is convicted of the offense for which the dog was seized, the Criminal Court may order destruction of the dog and the owner must pay for the costs of confining and destroying the dog.
      7.   The owner may reclaim a dangerous dog by presenting proof of compliance with State law and this section to the animal control authority and payment of all costs associated with the confiscation and confinement of the dog, including the impoundment fee set forth in the City fee schedule and impoundment costs. If the owner does not reclaim the dangerous dog within seven (7) days, the animal control authority may dispose of the dog and the owner is liable to the animal control authority for the costs incurred in confining and disposing of the dog.
   K.   Destruction Of The Dog In Certain Circumstances: The animal control authority or its designee may destroy a dog in a proper and humane manner if the dog:
      1.   Inflicted substantial or great bodily harm on a human on public or private property without provocation;
      2.   Inflicted multiple bites on a human on public or private property without provocation;
      3.   Bit multiple human victims on public or private property in the same attack without provocation; or
      4.   Bit a human on public or private property without provocation in an attack where more than one dog participated in the attack.
      The animal control authority must provide the owner of the dog an opportunity for a hearing before an impartial decision maker. The exemptions set forth in section 5-4-12 of this chapter apply to this provision. (Ord. 1367, 4-8-2019, eff. 5-1-2019; amd. Ord. 1396, 12-14-2020)