(A) Requirements. If the City Council does not order the destruction of an animal that has been declared dangerous, the City Council may, as an alternative, order any or all of the following:
(1) That the owner provide and maintain a proper enclosure for the dangerous animal as defined in § 95.28(C);
(2) Post the front and the 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, as may be amended from time to time; the sign must be approved by the Minnesota Department of Public Safety. These signs will be available to purchase from the city;
(3) Written proof of a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $300,000, 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 $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the city is notified in writing by the surety company or the insurance company at least 10 days prior to such cancellation;
(4) The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days, the city may seize the dog and sterilize it at the owner's expense;
(5) If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed 6 feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of a 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;
(6) The dog must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.51, as it may be amended from time to time. The tag must be approved by the Minnesota Department of Public Safety. This tag will be available to purchase from the city;
(7) The owner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Officer. If the owner does not have the microchip implanted in the dog, the Animal Control Officer may have the microchip implanted. In either case, all costs related to the purchase and implantation of the microchip must be borne by the dog's owners;
(8) The dog must be licensed and up to date on rabies vaccination according to §95.03; and/or
(9) The dog must be also have an annual dangerous dog license that will require the Animal Control Officer to verify all requirements in this section are being met.
(B) Seizure. As authorized by M.S. § 347.54, as it may be amended from time to time, the Animal Control Officer shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the animal is dangerous.
(C) Reclaiming animals. A dangerous animal seized under division (B), may be reclaimed by the owner of the dog upon payment of impounding and boarding fees and presenting proof to animal control that each of the requirements under this section, are fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under § 95.28(F), and the owner is liable to the city for costs incurred in confining and impounding the animal.
(D) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under § 95.28 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in § 95.28(G). If the owner is found to have violated the provisions for which the animal was seized, the Animal Control Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of § 95.28(F). If the animal is not yet reclaimed by the owner within 14 days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under division (C), and the owner is liable to the animal control for the costs incurred in confining, impounding, and disposing of the animal.
(Ord. passed 11-4-2015)