(A) The provisions of M.S. §§ 347.50 through 347.565 are adopted and incorporated as if fully set out herein, except that all references to “dog” shall be replaced with “animal”. In addition to those provisions, the following also apply.
(B) Attack by an animal.
(1) 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 division shall not apply to an attack by an animal under the control of an on- duty law enforcement officer or to an attack upon an intruder who has entered the owner’s property with criminal intent.
(2) 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.
(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 or disfigurement to a human being on public or private property;
(b) Killed a domestic animal without provocation while off the owner’s property;
(c) Previously been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bit, attacked, or endangered the safety of humans or domestic animals; or
(d) When unprovoked, bitten one or more persons on two or more occasions.
POTENTIALLY DANGEROUS ANIMAL. An animal which has:
(a) When unprovoked, inflicted bites on a human or 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 private property, other than the animal owner’s property, in an apparent attitude of attack;
(c) Exhibited unusually aggressive behavior, such as an attack on another animal; or
(d) Had 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 following minimum specifications.
(a) Have a minimum overall floor size of 32 square feet.
(b) Sidewalls shall have a minimum height of five feet and be constructed of 11 gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 1 1/4- inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground.
(c) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches.
(d) An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel.
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 animal has committed one of the acts stated in the definition for “potentially dangerous animal” in division (C). When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the animal to be notified pursuant to division (F)(1).
(E) Designation as a dangerous animal. The Animal Control Officer shall designate any animal as a dangerous animal upon receiving evidence that the animal has committed one of the acts stated in the definition of “dangerous animal” in division (C). When an animal is declared dangerous, the Animal Control Officer shall cause one owner of the animal to be notified pursuant to division (F)(1).
(F) Procedure. The Animal Control Officer, after having determined that an animal is dangerous or potentially 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 or potentially dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified as to dates, times, places, and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing for a review of this determination.
(2) If an owner requests a hearing for determination as to the dangerous or potentially dangerous nature of the animal, the hearing shall be held before the City Manager or their designees, which shall set a date for hearing not more than 14 days after a demand for the hearing. The records of the Animal Control Officer shall be admissible for consideration by the City Manager or their designees without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Manager or their designees shall make an order as it deems proper. In the event that the designation is upheld, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the animal’s owner.
(G) Conditions. Following designation as a dangerous or potentially dangerous animal, the following conditions will apply.
(1) The Animal Control Officer may impose conditions it deems necessary to protect the safety of the public.
(2) The owner must comply with all state statutory requirements.
(3) The owner of the animal must immediately register the animal with the Animal Control Officer and pay the registration fee. The owner must provide the address where the animal resides.
(4) The owner 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.
(H) Seizure. The Animal Control Officer must seize an animal for any of the reasons listed in M.S. § 347.54. The Animal Control Officer may seize an animal for failure to comply with any conditions imposed under this section, and said animal may be reclaimed upon payment of fees and proof of compliance. The Animal Control Officer may seize an animal pending destruction. If the animal is ordered into custody, the owner shall immediately make the animal available to the Animal Control Officer. If the owner does not immediately make the animal available, the Animal Control Officer shall obtain an order or warrant authorizing the seizure of the animal from a court of competent jurisdiction.
(I) Destruction.
(1) The Animal Control Officer is authorized to order that an animal be destroyed based on a written order containing one or more of the following findings of fact:
(a) The animal inflicted substantial or great bodily harm on a human on public or private property without provocation;
(b) The animal inflicted multiple bites on a human on public or private property without provocation;
(c) The animal bit multiple human victims on public or private property in the same attack without provocation;
(d) The animal bit a human on public or private property without provocation in an attack where more than one animal participated in the attack; or
(e) The animal has been declared dangerous or potentially dangerous, and 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.
(2) The owner shall be provided written notice of the order for destruction and shall be given 14 days to appeal this order by requesting a hearing for a review of this determination. If an owner requests a hearing under this section, the hearing shall be held before the City Council, which shall set a date for hearing not more than three weeks after a demand for the hearing. The records of the Animal Control Officer, City Manager, or their designees’ shall be admissible for consideration by the City Council without further foundation. After considering all evidence pertaining to destruction of the animal, the City Council shall make an order as it deems proper.
(3) If the owner does not request a hearing within 14 days, the animal may be destroyed. No person shall harbor an animal after it has been ordered into custody for destruction. If the owner does not immediately make the animal available, the Animal Control Officer shall obtain an order or warrant authorizing the seizure of the animal from a court of competent jurisdiction.
(Am. Ord. 769, passed 7-17-2018) Penalty, see § 10.99