(A) Potentially dangerous dogs. The provisions of M.S. §§ 347.50 to 347.565 entitled “Regulation of Dangerous Dogs,” as currently enacted and as may hereafter be amended, relating to the regulation of dangerous dogs and potentially dangerous dogs, are hereby adopted and made a part of this chapter as if set out in full. Unless the context clearly indicates otherwise, the words, combination of words, terms and phrases, as used in this chapter shall have the meanings set forth herein and in M.S. §§ 347.50 to 347.565. In addition to the regulations provided in M.S. §§ 347.50 to 347.565, pursuant to M.S. § 347.53, owners of dangerous dogs and potentially dangerous dogs are subject to the following regulations:
(1) The ANIMAL CONTROL AUTHORITY is the Owatonna Police Department located at 204 East Pearl Street, Owatonna, Minnesota.
(2) PROPER ENCLOSURE with respect to a dangerous dog is defined to mean securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog 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 obstacles that prevent the dog from existing.
(3) PROPER ENCLOSURE with respect to a potentially dangerous dog shall be expanded to include a fenced-in yard that prevents the dog from leaving the property and to which the public cannot gain access.
(4) OWNER. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. A person keeping or harboring a dog for five consecutive days shall, for the purposes of this section, be deemed to be an owner thereof.
(B) Potentially dangerous dogs; registration required; regulations. Potentially dangerous dogs shall be regulated under M.S. §§ 347.50 to 347.565 in the same manner as if they were dangerous dogs except as otherwise provided in this section. The owner of the potentially dangerous dog shall:
(1) Register the potentially dangerous dog with the Animal Control Authority by completing, signing, and submitting a certificate of registration together with proof of vaccination and payment of a $100 registration fee, and payment of an annual fee of $100 each year thereafter;
(2) Provide for the implanting of a microchip in the dog for identification and provide to the Animal Control Authority a copy of the microchip information including the name and contact information of the manufacturer and the identification number;
(3) Submit a certificate of liability insurance or surety bond issued by a company licensed to do business in the State of Minnesota and approved by the city as to form and content in an amount not less than $50,000, insuring the owner for injuries inflicted by the dog, as result of biting, attacking, or endangering the safety of persons;
(4) Sterilize the potentially dangerous dog, within 30 days, if the Animal Control Authority determines it is necessary and in the interest of public safety;
(5) When on the owner's premises keep the dog within the proper enclosure as defined in § 90.15(A)(3); and
(6) When outside the proper enclosure, keep the potentially dangerous dog on a leash accompanied by its owner and muzzled if the dog was declared to be potentially dangerous because it inflicted bites on a person or domestic animal on public property other than the owner's property.
(C) Dangerous dogs; registration required. The owner of a Dangerous dog shall:
(1) Register the dog with the Animal Control Authority by completing, signing and submitting a certificate of registration together with proof of vaccination and payment of a $250 registration fee and payment of a $250 annual fee each year thereafter;
(2) Provide a certificate of liability insurance or surety bond issued by a company licensed to do business in the State of Minnesota approved by the city as to form and content in amount of not less than $300,000 insuring the owner for injuries inflicted by the dog;
(3) Provide proof of vaccinations;
(4) Provide the Animal Control Authority with the microchip information and animal tag with the uniform dangerous animal symbol to be affixed to the dog's collar at all times; and
(5) Provide proof of the sterilization of the dog within 30 days of the designation of the dog as a dangerous dog.
(D) Dangerous dog regulations. The owner of a dangerous dog shall:
(1) Keep the dog in a proper enclosure when on the owner's premises;
(2) When off the owner's premises, keep the dog muzzled and restrained by a substantial leash or chain under the physical restraint of a responsible person;
(3) Renew annually the registration for the duration of the dog's life;
(4) Register the dog as a dangerous dog in any new jurisdiction if the dog is moved;
(5) Notify Animal Control of the change of the dog's residence or ownership within 30 days;
(6) Sterilize the dog within 30 days;
(7) In the case of a tenant, disclose to the landlord before entering into a lease and at lease renewal that the tenant owns a dangerous dog that will reside at the property; and
(8) Disclose to any new owner of the dog's status as a dangerous dog and notify Animal Control of any transfer of ownership.
(E) City park restrictions. No person shall allow a dog that has been declared dangerous or potentially dangerous in city parks, including the dog park, or on the city trails, unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person.
(F) Hearing.
(1) The City Administrator shall appoint a hearing panel of impartial persons, one of whom shall be a licensed veterinarian, if available, to conduct hearings as provided herein.
(2) The owner of a dog who has been given notice by the Animal Control Authority that the dog has been declared to be a dangerous dog or a potentially dangerous dog has the right to request a hearing on the validity of the declaration by completing a request for appeal form within 14 days of the date of notice and delivering the form together with the $100 fee for the appeal hearing to the Animal Control Authority at the police department at 204 East Pearl Street, Owatonna, Minnesota 55060 to the attention of the Police Chief. The failure to file the request for appeal within the 14 days extinguishes the right to a hearing and the designation of the dog as a dangerous dog or potentially dangerous dog shall be final and the owner shall be subject to all restrictions and regulations as set forth in the notice.
(3) Pending such hearing the owner shall:
(a) Keep the dog properly confined in a proper enclosure;
(b) Keep the dog muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person if the dog is outside the enclosure; and
(c) Notify the Animal Control Authority of the removal of a dog(s) to a new location.
(4) (a) The hearing shall be held within 14 days of the owner's request to determine the validity of the declaration of the dog as a dangerous dog or potentially dangerous dog. After considering all evidence pertaining to the dog, the hearing panel shall render its decision and order as it deems proper, including but not limited to:
1. Finding that the dog is not a potentially dangerous dog or a dangerous dog; or
2. Finding that the dog is a potentially dangerous dog or a dangerous dog and that the owner shall comply with the requirements in divisions (B) and (C) of this section; and
3. If necessary and in the interest of public safety, order the Animal Control Authority to take the dog into custody, if the dog is not currently in custody. Upon such order any person who fails or refuses to release the dog to the Animal Control Authority shall be guilty of a misdemeanor.
(b) The hearing panel shall issue its written decision within ten days after the hearing which shall be delivered to the owner by hand delivery or certified mail and a copy will be sent to the Animal Control Authority.
(c) Pursuant to M.S. § 347.541, subd. 4, if the designation of the dog as a dangerous dog or potentially dangerous dog is upheld by the hearing panel the actual expenses of the hearing up to a maximum of $1,000 shall be the responsibility of the dog's owner.
(5) Authority to order euthanization. The hearing panel, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be euthanized based on a written order containing findings of fact establishing that each of the following criteria are present:
(a) The dog is dangerous, as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks;
(b) The owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and
(c) The owner cannot, will not, does not, or otherwise refused to provide proof of the liability insurance for the dog as required.
(G) Seizure. Pursuant to M.S. § 347.54, the Animal Control Authority may immediately seize any potentially dangerous dog or dangerous dog where:
(1) After 14 days after the owner has notice that the dog is a potentially dangerous dog or a dangerous dog, the dog is not validly registered under M.S. § 347.51;
(2) After 14 days after the owner has notice that the dog is a potentially dangerous dog or a dangerous dog, the owner does not secure the proper liability insurance or surety coverage as required under M.S. § 347.51, subd.2;
(3) The potentially dangerous dog or dangerous dog is not maintained in the proper enclosure;
(4) The potentially dangerous dog or dangerous dog is outside the proper enclosure and not under physical restraint of a responsible person as required under M.S. § 347.51;
(5) The dangerous dog is not sterilized within 30 days, pursuant to M.S. § 347.51; or
(6) The potentially dangerous dog is not sterilized if the hearing panel orders that such sterilization is necessary and in the interest of public safety.
(H) Criminal penalty.
(1) The owner of a dog declared dangerous or potentially dangerous who fails to comply with the requirements of this section shall be guilty of a misdemeanor, with penalties as provided under Minnesota law.
(2) It is a misdemeanor to remove a microchip from dangerous or potentially dangerous dog; to fail to renew the registration of a potentially dangerous dog or a dangerous dog; to fail to account for a dangerous dog's death, transfer of ownership, or removal from the jurisdiction; to sign false affidavit with respect to a dangerous dog's death, transfer of ownership, or removal from the jurisdiction; or to fail to disclose ownership of a dangerous or potentially dangerous dog to a property owner from whom the person rents property.
(Ord. 1620, passed 7-6-2021)