(A)   Disposition of dangerous animals. The Community Service Officer or Police Officer, after designation of an animal as dangerous has the authority to determine the disposition of the dangerous animal.
      (1)   The dangerous animal will be euthanized; or
      (2)   The dangerous animal will be subject to the following conditions:
         (a)   Housed in a proper enclosure. Proper enclosure means 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.  Such enclosure will not allow the egress of the animal in any manner without human assistance. A pen or kennel for a dog designated as dangerous will meet the following minimum specifications:
            1.   Have a minimum overall floor size of 32 square feet.
            2.   Sidewalls will have a minimum height of five feet and be constructed of 11-gauge or  heavier wire.  Openings in the wire will not exceed two inches, support posts will 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 will be buried a minimum of 18 inches in the ground.
            3.   A cover over the entire pen or kennel will be provided.  The cover will be constructed of the same gauge wire or heavier as the sidewalls and will also have no openings greater than two inches.
            4.   An entrance/exit gate will be provided and be constructed of the same material as the sidewalls and will also have no openings in the wire greater than two inches.  The gate will be equipped with a device capable of being locked and will be locked at all times when the animal is in the pen or kennel; and
         (b)   Insurance. The owner provides and shows proof annually of public liability insurance paid in full in the minimum amount of $500,000.  If the animal is impounded, proof of insurance must be demonstrated prior to the animal's release; and
         (c)   Posting. Post the front and 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; and
         (d)   Muzzle. 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 be under the physical restraint of a person 18 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; and
         (e)   Microchip identification required. The owner of a dangerous animal is required to have a microchip installed or injected on the animal, to the extent that the species of the animal allows placement of the chip.  The microchip will be installed in or injected under the skin of the animal by a licensed veterinarian and will be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the animal's owner. The identification number and microchip manufacturer shall be provided to the Animal Control Officer. The owner shall maintain current address information with the manufacturer. All costs related to the installation and maintenance of the chip are the responsibility of the owner. If the animal is impounded, the microchip will be installed or injected prior to its release; and
         (f)   Annual registration fee. The owner of a dangerous dog is required to complete an annual registration form and pay annual registration fee as set by the City Council, in addition to the annual dog license.  If the dog is impounded the fee will be paid prior to the animal's release; and
         (g)   Spay/neuter. If the animal is a dog or cat, the owner shall provide proof of spay or neuter; and
         (h)   Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times; and
         (i)   Obedience class. The owner of a dog shall be required to complete an approved dog obedience class.
   (B)   Appeal. Appeal of the animal control officer's dangerous animal designation will be a hearing before an independent hearing examiner not more than 14 days after receipt of the appeal request. At the time of the hearing, the animal owner may appear and present any evidence which the animal owner may deem material to the investigation. The hearing officer will make findings of fact as to whether a violation of the provisions of this section has been committed. The hearing officer will affirm or reject the dangerous animal designation or may impose other sanctions as warranted. The hearing officer's decision shall issue within ten days of the hearing.  If the declaration is upheld, the actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the animal's owner.
(Ord. 857, passed 10-14-2015)