(A) POTENTIALLY DANGEROUS DOG DESIGNATION. The Washington County Sheriff shall designate any animal as a potentially dangerous animal upon receiving evidence that the animal meets the definition under Minn. Stat. §§347.50 Subd. (3).
(1) Potentially dangerous dog restrictions:
(a) Registration required. No Person may keep a Potentially Dangerous Dog in the city unless the Dog is registered with the City Clerk/Administrator as provided in this section. The animal control authority shall issue a certificate of registration as the party required to maintain registration, and Owner should present the certificate of registration to the City Clerk/Administrator from the animal control authority in order to register the animal in the City. Owner of a Potentially Dangerous Dog must provide the following information.
(b) Microchip. The Owner has had a microchip identification implanted in the potentially Dangerous Dog and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the Owner, it may be implanted by the animal control authority with the costs borne by the Dog's Owner.
(c) Warning symbol. The Owner has posted a warning symbol to inform children that there is a Potentially Dangerous Dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety.
(d) Proper enclosure. A proper enclosure exists for the Potentially Dangerous Dog, and there is a posting on the Premises with a clearly visible warning sign including a warning symbol, to inform children that there is a Potentially Dangerous Do on the property.
(e) Bond/insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the city administrator with guidance from the Animal Control Authority in the amount of at least $300,000 insuring the Owner for any Personal injuries inflicted by the Potentially Dangerous Dog. A letter from the Owner's Insurance company stating this coverage must be provided to the city administrator.
(f) Photograph. The Owner of the Potentially Dangerous Dog shall make the Dog available to be photographed for identification by the animal control authority at a time and place specified by the animal control authority.
(g) Proof of disclosure. The Owner of a Potentially Dangerous Dog who rents property from another where the Dog will reside must submit proof of disclosure from the property Owner that the property Owner was notified, prior to entering into the lease agreement and at the time of any lease renewal, that the Person owns a Potentially Dangerous Dog that will reside at the property.
(h) Muzzling. At the discretion of the Animal Control Officer or Law Enforcement Officer, a muzzle may be required when the Potentially Dangerous Dog is outside a proper enclosure. The muzzle must be made in a manner that will prevent the Dog from biting any Person or animal but that will not cause injury to the Dog or interfere with its vision or respiration.
(i) Audible warnings/cautions: The Owner or Person in control of a potentially dangerous Dog shall give audible warnings to others when approached.
(j) Annual Registration Fee: The Owner of a Potentially Dangerous Dog shall pay the City an annual fee. The fees for such registration shall be imposed, set, established, and fixed by the City Council, by resolution, from time to time.
(k) Review request: If there are no additional reports of the behavior described in subsection (A) of this section within a 12-month period from the date of the designation as a Potentially Dangerous Dog, the Dog's Owner may request a review, in writing, of the declaration designation and submit to the Animal Control Authority. The Owner must provide documented evidence for review that the Dog's behavior has changed due to environment, health, age, training, neutering or any other relevant factor. The review request and supporting documentation must be submitted to the Animal Control Authority, who shall rule on the review requests based on the record. Additional information may be requested from the Animal Control Authority. The Owner of the Dog shall be notified in writing of the review results within ten business days of receipt. An administrative fee shall be paid prior to the review. The fees for such review shall be imposed, set, established, and fixed by the City Council, by resolution, from time to time.
(B) DANGEROUS DOG DESIGNATION. The Washington County Sheriff shall designate any animal as a dangerous animal upon receiving evidence that the animal meets the definition under Minn. Stat. §§347.50 Subd. (3). The terms DANGEROUS DOG and POTENTIALLY DANGEROUS DOG shall also be construed to include similar classifications from other statutes or ordinances which are substantially in conformity with Minn. Stat. § 347.50, as it may be amended from time to time, whether or not the same words are used.
(1) DANGEROUS DOGS
It shall be illegal for any Person to own, keep, possess, or harbor any Dog that has been declared a Dangerous Dog.
(a) This prohibition shall apply whether said declaration has occurred in the City or in some other jurisdiction.
(b) This prohibition shall also apply whether said declaration was made pursuant to Minn. Stat §347.50, as it may be amended from time to time, or pursuant to another statute or ordinance which is substantially similar to Minn. Stat. §347.50, as it may be amended from time to time.
(c) If a Dangerous Dog has bitten a Person, then the Dog shall first be quarantined according to the provisions of § 92.08. Following said quarantine period, then the provisions of divisions (d) and (e) below shall apply.
(d) The Animal Control Officer or law enforcement officer shall immediately seize and impound any Dangerous Dog that is found within the City. The Dog will be kept no fewer than ten calendar days. The Owner has until the end of this time period to provide written verification that the Dog will be legally removed from the city, or that the Dog will be euthanized. The Owner must pay all associated impounding and boarding costs prior to the release of the Dog. Upon its release, the Dog shall be immediately transported to a location outside of the City, or to a proper facility to be euthanized.
(e) Any such Dog that is not properly claimed within ten calendar days shall be humanely euthanized. The Owner of the Dog that is euthanized shall be responsible to pay the impounding, boarding and authorization costs.
(f) This section shall not apply to police Dogs under the control of a licensed law enforcement officer during the performance of official police activities.
(2) Hearing procedure for Designation of Dangerous Dogs and Potentially Dangerous Dogs.
Upon the initial designation of a Dog as dangerous or potentially dangerous, the Owner shall be entitled to request a hearing to review that designation. The Dog Owner and the City shall follow the appeal hearing procedure set forth in Minn. Stat. §347.541.