(A) Requirements. If the Hearing Officer does not order the destruction of an animal that has been declared dangerous, the Hearing Officer may, as an alternative, order any of the following:
(1) The owner provides and maintains a proper enclosure for the dangerous animal as specified in § 95.11(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 it may be amended from time to time;
(3) Provide and show proof annually of public liability insurance in the minimum amount of $300,000;
(4) 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 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;
(5) If the animal is a dog, it 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;
(6) All animals deemed dangerous by the Animal Control Officer shall be registered with the county in which this city is located within 14 days after the date the animal was so deemed, and provide satisfactory proof thereof to the Animal Control Officer; and
(7) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination.
(8) 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 Authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the dog’s owner.
(B) Seizure. 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. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court.
(C) Reclaiming animals. A dangerous animal seized under division (B) above may be reclaimed by the owner of the animal upon payment of impounding and boarding fees and presenting proof to Animal Control that each of the requirements under division (A) is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under § 95.11(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 § 95.11 with the same animal, the animal must be seized by Animal Control. The owner may request a hearing as defined in § 95.11(F). 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 division (C) above. 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 § 95.11(F) and the owner is liable to the Animal Control for the costs incurred in confining, impounding, and disposing of the animal.
(Ord. 330, passed 1-17-02; Am. Ord. 410, passed 7-17-14; Am. Ord. 487, passed 10-21-21)