(A) Requirement. No person may own a dangerous dog unless the dog is registered as provided in this section.
(B) Registration. The Animal Control Authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that:
(1) A proper enclosure exists for the dangerous dog and there is posted on the premises a clearly visible warning sign provided by the Animal Control Authority to inform children that there is a dangerous dog on the property. The warning symbol must be the uniform symbol provided by the Commissioner of Public Safety. The Commissioner shall provide the number of copies of the warning symbol requested by the Animal Control Authority and shall charge the Animal Control Authority the actual cost of the warning symbols received. The Animal Control Authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol;
(2) A surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the Animal Control Authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog;
(3) The owner has paid an annual fee of $300, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and
(4) The owner has had microchip identification implanted in the dangerous dog as required in division (D) below.
(C) Dangerous dog designation review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the Animal Control Authority review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Animal Control Authority finds sufficient evidence that the dog’s behavior has changed, the authority may rescind the dangerous dog designation.
(D) Microchip identification. 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. Once implanted, no one, except a licensed veterinarian, shall remove a microchip from a dangerous dog. All costs related to the purchase and implantation of the microchip must be borne by the dog’s owner.
(E) Dangerous dogs; additional requirements.
(1) An owner of a dangerous dog shall keep the dog, while on the owner’s property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration.
(2) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction.
(3) An owner of a dangerous dog must notify the Animal Control Authority in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the Animal Control Authority, execute an affidavit under oath setting forth either the circumstances of the dog’s death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred.
(4) The Animal Control Authority may require a dangerous dog to be sterilized at the owner’s expense. If the owner does not have the animal sterilized, the Animal Control Authority may have the animal sterilized at the owner’s expense.
(5) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner, prior to entering the lease agreement, and at the time of any lease renewal, that that person owns a dangerous dog that will reside at the property.
(6) A person who sells a dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as dangerous. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number.
(F) Confiscation.
(1) Seizure. The Animal Control Authority shall immediately seize any dangerous dog if:
(a) Fourteen days after the owner has notice that the dog is dangerous, the dog is not validly registered pursuant to divisions (A) and (B) above;
(b) Fourteen days after the owner has notice that the dog is dangerous, the owner does not secure the property liability insurance or surety coverage required by division (B) above;
(c) The dog is not maintained in a proper enclosure;
(d) The dog is outside its proper enclosure and not under the physical restraint of a responsible person as required by division (E) above; or
(e) The dog is not sterilized within 30 days of the owner being required, as provided in division (E) above, to cause the dog to be sterilized.
(2) Reclaimed. A dangerous dog seized under this section may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Authority that the requirements of this section will be met. A dog not reclaimed under this division (F)(2) within seven days may be disposed of as provided in M.S. § 347.54, subd.2, as it may be amended from time to time, and the owner is liable to the Animal Control Authority for costs incurred in confining and disposing of the dog.
(3) Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of this section and the person is charged with a subsequent violation relating to the same dog, the dog shall be seized by the Animal Control Authority. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner shall pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the Animal Control Authority of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided in M.S. § 35.71, subd. 3, as is may be amended from time to time, and the owner is liable to the Animal Control Authority for the costs incurred in confining, impounding, and disposing of the dog.
(Ord. 185, passed 6-20-2017)