(A) Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner’s home with criminal intent.
(B) Destruction of dangerous animal. The Animal Control Officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this chapter.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL. An animal which 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.
POTENTIALLY DANGEROUS ANIMAL. An animal which has:
(a) When unprovoked, bitten a human or a domestic animal on public or private property;
(b) When unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks, or any public or property, other than the dog owner's property, in an apparent attitude of attack; or
(c) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
PROPER ENCLOSURE. 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. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the minimum requirements in M.S. § 343.4(1) through (3), as amended from time to time.
UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated, or disturbed.
(D) Designation as potentially dangerous animal. The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has engaged in conduct as stated in the definition in division (C). When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous.
(E) Designation as a dangerous animal. The Animal Control Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence that the dangerous animal has engaged in conduct as stated in division (C).
(F) Authority to order destruction. The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact:
(1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; or
(2) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals.
(G) Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner:
(1) The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified as to dates, times, places, and the parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before a Hearing Officer as defined in M.S. § 347.541, as amended from time to time.
(2) If no appeal is filed, the orders issued will stand or the Animal Control Officer may order the animal destroyed.
(3) If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before a Hearing Officer, who shall set a date for hearing not more than 14 days after demand for the hearing. The records of the Animal Control Officer or City Manager-Clerk's office shall be admissible for consideration by the Hearing Officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the Hearing Officer shall make an order as deemed proper. The Hearing Officer may order the Animal Control Officer to take the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the Animal Control Officer. The Hearing Officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the Animal Control Authority. In the event that the Animal Control Officer's declaration is upheld by the Hearing Officer, actual expenses of the hearing, up to a maximum of $1,000, will be the responsibility of the dog's owner.
(4) No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction.
(H) Stopping an attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
(I) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous shall notify the Animal Control Officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification shall be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current owner's name and address, the relocation address, and the name of the new owner, if any.
(Ord. 330, passed 1-17-02; Am. Ord. 410, passed 7-17-14; Am. Ord. 487, passed 10-21-21) Penalty, see § 10.99