A. Designation:
1. Any dog inside the Moorhead city limits may be designated as a potentially dangerous dog if the dog:
a. When unprovoked, inflicted bites on a human or domestic animal on public or private property;
b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private 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.
2. Any dog within the Moorhead city limits may be designated as a dangerous dog if the dog 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.
B. Procedure For Designating A Dog As Potentially Dangerous Or Dangerous:
1. A Moorhead police department sergeant, or officer of higher rank, shall have the authority to designate a dog as potentially dangerous or dangerous as defined in subsection A of this section.
2. When a dog is designated to be potentially dangerous or dangerous, the owner shall be notified in writing of such designation.
3. This designation may be appealed to the hearing officer appointed pursuant to section 1-4-5 of this code, in writing within ten (10) days of the owner and/or caretaker of the dog receiving notice of the designation. Upon receipt of a written appeal, the hearing officer shall set an appeal hearing date within five (5) days. The appeal shall be held before the hearing officer, the chief of police or his designee, and a local dog trainer/behaviorist.
4. Any dog deemed dangerous or potentially dangerous by another jurisdiction and subsequently brought into the city shall be deemed a dangerous or potentially dangerous dog and abide by the provisions of this chapter to notify the police department and meet the registration requirements.
C. Registration Requirements: No potentially dangerous dog or dangerous dog shall be kept in the city of Moorhead unless the owner, at his or her own cost, has implanted a microchip in the dog, containing the owner's address and home telephone number, work telephone number, and cellphone number, if applicable, and a backup contact name and telephone number and chip identification number and has completed an application to register the dog as a potentially dangerous or a dangerous dog and submitted said application to the Moorhead city police department. In addition, the owner shall be required to post a sign, satisfactory to the police department, at owner's residence notifying the public of the presence of a dangerous or potentially dangerous dog.
D. Application Contents:
1. The application to register the dog as potentially dangerous shall include the following:
a. The owner's address and home, work and cellphone telephone number and the implanted microchip identification number, as well as a backup contact person and number;
b. Proof of continuing liability insurance in a single incident amount of three hundred thousand dollars ($300,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons, which may result from the ownership, keeping, or maintenance of dogs designated as potentially dangerous or dangerous;
c. Proof that said dog has been sterilized and has current vaccinations; and
d. A yearly registration fee as established by the city's fee schedule.
2. The application to register the dog as a dangerous dog shall include the following:
a. The owner's address and home, work and cellphone telephone number and the implanted microchip identification number, as well as a backup contact person and number;
b. Proof of continuing liability insurance in a single incident amount of three hundred thousand dollars ($300,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping, or maintenance of dogs designated as potentially dangerous or dangerous;
c. Proof that said dog has been sterilized and has current vaccinations; and
d. A yearly registration fee as established by the city's fee schedule.
E. Yearly Registration Requirement: All dogs designated as potentially dangerous dogs or dangerous dogs shall file a new application each year with an accompanying registration fee.
F. Additional Requirements For Dangerous Dogs: In addition to filing a yearly application to register a dangerous dog and paying the accompanying yearly registration fee as established by the city's fee schedule, the owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside an enclosure, the dog must be securely muzzled and restrained by a chain or leash and under the physical restraint of a competent adult. The owner of a dangerous dog shall also comply with the requirements of Minnesota statutes 347.52 including the statute's sterilization requirements.
G. Potentially Dangerous And Dangerous Dogs Brought Into The City: Any dog designated as potentially dangerous or dangerous by another jurisdiction must be registered within twenty four (24) hours of being brought into the city limits of the city of Moorhead. Such registration shall be with the Moorhead police department. A dog declared potentially dangerous by another jurisdiction may be brought into the city limits of Moorhead for up to a fourteen (14) day period after notifying the Moorhead police department of: the dog's breed, location where the animal will be kept, microchip number, owner contact information, and length of stay.
H. Penalties:
1. It shall be a misdemeanor offense to:
a. Be an owner, or be in possession of a potentially dangerous dog in violation of the registration requirements set forth in this section;
b. Allow a dangerous dog to "run at large". A dog designated as potentially dangerous must be leashed and be under the control of a competent adult at all times when off the owner's property.
2. Dogs in violation of registration requirements will be impounded immediately by the police department and held until brought into compliance if found running at large, or if in custody on a rabies hold. If a dog is not brought into compliance within fourteen (14) days of notification by the Moorhead police department of its designation as a potentially dangerous dog, the dog will be impounded and held until brought into compliance with this section. If not brought into compliance within five (5) working days after impoundment, the dog may be euthanized. The owner of said dog is responsible for boarding and expenses associated with this process.
3. No person may own a dog in the city of Moorhead if the person has been convicted of a third or a subsequent violation of this section. If any member of a household is prohibited from owning a dog pursuant to this section, unless specifically approved with or without restrictions by the Moorhead police department, no person in the household is permitted to own a dog. (Ord. 2015-19, 10-12-2015)