The city is authorized pursuant to M.S. § 347.53 to regulate potentially dangerous and dangerous dogs or other animals.
Subd. 1. Potentially dangerous animals; declaration.
a. The animal control authority shall make such declaration upon a finding that the animal in question:
(1) When unprovoked, inflicts bites on a human or domestic animal on public or private property;
(2) 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 animal owner's property, in an apparent attitude of attack;
(3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or
(4) Has been declared a potentially dangerous animal by any lawful authority of this or any other state or subdivision thereof.
b. In making such a determination, the Animal Enforcement Officer may rely upon any or all of the following:
(1) Citizen complaint from an identified member of the public;
(2) Police or citizen reports of running at large or other public nuisance;
(3) Citation or convictions of an ordinance or statutory violation independent of site of violation involving the animal in question with the exception of a charge of failure to license; or
(4) Determination by any state or subdivision thereof that the animal in question is a potentially dangerous animal.
Subd. 2. Potentially dangerous animals; requirements.
a. Microchip identification. The owner of a potentially dangerous animal must have a microchip implanted in the animal 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 animal's owner. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous animal.
b. Confinement. All potentially dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen, kennel, or fenced yard except when leashed as required. Confinement does not include a porch, patio, unfenced yard, "invisible fence" or any part of a house, garage, cage, or other structure that would allow the animal to exit of its own volition or any house or structure in which screens are the only obstacles to preventing the animal from exiting.
c. Impoundment. Any potentially dangerous animal found off the premises of the owner, harborer, keeper, or custodian of same, is subject to immediate seizure and impoundment.
Subd. 3. Dangerous animals; declaration.
a. The animal control authority shall make such declaration upon a finding that the animal in question has:
(1) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(2) Killed a domestic animal without provocation while off the owner's property; or
(3) Been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals.
b. In making such a determination, the Animal Enforcement Officer may rely upon any or all of the following:
(1) Citizen complaint from an identified member of the public;
(2) Police or citizen reports of running at large or other public nuisance;
(3) Citation or convictions of an ordinance or statutory violation independent of site of violation involving the animal in question with the exception of a charge of failure to license; or
(4) Determination by any state or subdivision thereof that the animal in question is a dangerous animal.
Subd. 4. Dangerous animals; registration.
a. Requirement. No person may own a dangerous animal in the city unless the animal 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 animal if the owner presents sufficient evidence that:
(1) A proper enclosure exists for the dangerous animal and a posting on the premises with a clearly visible warning sign that there is a dangerous animal on the property, including a warning symbol to inform children;
(2) A policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $1,000,000 insuring the owner for any personal injuries inflicted by the dangerous animal;
(3) The owner has paid an annual fee to the SLMPD, in addition to any regular licensing fees, to obtain a certificate of registration for a dangerous animal under this section; and
(4) The owner has had microchip identification implanted in the dangerous animal.
c. Warning symbol. If the animal control authority issues a certificate of registration to the owner of a dangerous animal pursuant to division b.(2) above, the animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous animal on the property. The warning symbol must be the uniform symbol provided by the Minnesota Commissioner of Public Safety. The animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol.
d. Dangerous animal designation review. Beginning six months after an animal is declared dangerous, an owner may request annually that the designating animal control authority review the designation. The owner must provide evidence that the animal's behavior has changed due to 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 animal's behavior has changed, the authority may rescind the dangerous animal designation.
e. Law enforcement; exemption. The provisions of this section do not apply to dogs used by law enforcement officials for police work.
f. Exemption. Animals may not be declared dangerous if the threat, injury, or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
(3) Who was committing or attempting to commit a crime.
g. Tag. A dangerous animal registered under this section must have a standardized, easily identifiable tag identifying the animal as dangerous and containing the uniform dangerous animal symbol, affixed to the animal's collar at all times.
Subd. 5. Dangerous animals; requirements.
a. An owner of a dangerous animal shall keep the animal, while on the owner's property, in a proper enclosure. If the animal is outside the proper enclosure, the animal must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible adult. The muzzle must be made in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration.
b. The owner of a dangerous animal must have a microchip implanted in the animal 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 animal's owner. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous animal.
c. An owner of a dangerous animal must renew the registration of the animal annually until the animal is deceased. If the animal is removed from the jurisdiction, it must be registered as a dangerous animal in its new jurisdiction.
d. An owner of a dangerous animal must notify the animal control authority in writing of the death of the animal or its transfer to a new location where the animal will reside 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 animal's death and disposition or the complete name, address, and telephone number of the person to whom the animal has been transferred or the address where the animal has been relocated.
e. An animal control authority shall require a dangerous animal to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the animal and have it sterilized at the owner's expense.
f. A person who owns a dangerous animal and who rents property from another where the animal will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous animal that will reside at the property.
(1) Right to hearing.
(a) The owner of any animal declared dangerous has the right to a hearing concerning the dangerous dog or dangerous animal declaration, and if applicable, prior potentially dangerous dog or potentially dangerous animal declarations for the animal. The animal owner must make the request in writing, on a form provided by the SLMPD, within 14 days of receiving notice of the declaration. Failure to do so within 14 days of the date of receiving the notice will terminate the owner's right to a hearing under this section.
(b) Any hearing must be held within 14 days of the request to determine the validity of the declaration. The hearing officer must be an impartial person retained by the city or by the SLMPD to conduct the hearing. In the event that the declaration is upheld by the hearing officer, actual expenses of the hearing, up to a maximum of $1,000, will be the responsibility of the animal's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the animal's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority.
(2) Requirements during appeals process. While awaiting final disposition of an appeal of a dangerous animal declaration, the owner of the animal shall keep the animal, while on the owner's property, in a proper enclosure. If the animal is outside the proper enclosure, it 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 animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration. A person who transfers ownership of a dangerous dog or dangerous animal must notify the new owner that the animal control authority has identified the animal as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address, and telephone number.
Subd. 6. Confiscation.
a. Seizure. The animal control authority having jurisdiction shall immediately seize any dangerous animal if:
(1) After 14 days after the owner has notice that the animal is dangerous, the animal is not validly registered under this section;
(2) After 14 days after the owner has notice that the animal is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under this section;
(3) The animal is not maintained in the proper enclosure;
(4) The animal is outside the proper enclosure and not under physical restraint of a responsible person as required in the previous section;
(5) The animal is not sterilized within 30 days; or
(6) If an owner of an animal is convicted of a crime for which the animal was originally seized, the court may order that the animal be confiscated and may be disposed of in a manner permitted by law, and that the owner pay the costs incurred in confiscating, confining, and destroying the animal.
b. Animals reclaimed. A dangerous animal seized under division a.(1) may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the animal control authority that the requirements of the previous section will be met. An animal not reclaimed under this subdivision within seven days may be surrendered to the Animal Humane Society or humanely euthanized and the owner is liable to the animal control authority for costs incurred in confining and disposing of the animal.
Subd. 7. Destruction of animals in certain circumstances.
a. Circumstances. An animal may be destroyed in a proper and humane manner by the animal control authority if the animal:
(1) Inflicted substantial or great bodily harm on a human on public or private property without provocation;
(2) Inflicted multiple bites on a human on public or private property without provocation;
(3) Bit multiple human victims on public or private property in the same attack without provocation; or
(4) Bit a human on public or private property without provocation in an attack where more than one animal participated in the attack.
b. Right to hearing. The animal control authority may not destroy an animal until the animal owner has had the opportunity for a hearing before an impartial hearing officer designated by the animal control authority. The animal owner must request a hearing within 14 days after the animal control authority provides notice that it intends to destroy the animal.
(Ord. 504, passed 10-28-2013)