(A) Adoption by reference. Except as otherwise provided in this section, the regulatory and procedural provisions of M.S. §§ 347.50 to 347.565 (commonly referred to as the “Dangerous Dog Regulations”), are adopted by reference.
(B) Definitions. Definitions in this section shall have the following meanings:
(1) DANGEROUS DOG. A dog that:
(a) Has when unprovoked, inflicted substantial bodily harm on a human being on public or private property;
(b) Has killed a domestic animal when unprovoked while off the owner’s property;
(c) Has attacked one or more persons on two or more occasions; or
(d) Has been found to be potentially dangerous and after the owner has notice of the same, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals.
(2) DOG. Both the male and female of the canine species, commonly accepted as domesticated household pets.
(3) GREAT BODILY HARM. Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
(4) OWNER. Any person or persons, firm, corporation, organization, department, or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog.
(5) MAINTENANCE COSTS. Any costs incurred as a result of seizing an animal for impoundment, including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining, feeding, destroying, boarding or maintaining seized animals, whether these services are provided by the city or the pound.
(6) POTENTIALLY DANGEROUS DOG. A dog that:
(a) Has when unprovoked, inflicted a bite on a human or domestic animal on public or private property;
(b) Has 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 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.
(7) PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and to provide protection for the dog 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 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 barriers which prevent the dog from exiting. The enclosure shall not allow the egress of the dog in any manner without human assistance. A pen or kennel shall meet the following minimum specifications:
(a) 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 post shall be one and one-fourth 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 openings in the wire shall not exceed two inches.
(d) An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall not exceed two inches. The gate shall be self-closing and self-locking. The gate shall be locked at all times when the dog is in the pen or kennel.
(8) SUBSTANTIAL BODILY HARM. Bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ or that causes a fracture of any bodily member.
(9) UNPROVOKED. The condition in which the dog is not purposely excited, stimulated, agitated or disturbed.
(C) Declaration of dangerous or potentially dangerous dog.
(1) A police officer, community service officer, animal control officer or other authorized city employee may declare a dog to be dangerous or potentially dangerous when the officer has probable cause to believe that a dog is dangerous or potentially dangerous. The following factors will be considered in determining a dangerous or potentially dangerous dog:
(a) Whether any injury or damage to a person by the dog was caused while the dog was protecting or defending a person or the dog’s offspring within the immediate vicinity of the dog from an unjustified attack or assault.
(b) The size and strength of the dog, including jaw strength, and the animal’s propensity to bite humans or other domestic animals.
(c) Whether the dog has wounds, scarring, is observed in a fight, or has other indications that the dog has been or will be used, trained or encouraged to fight with another animal or whose owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such dogs to fight with other animals.
(2) Beginning six months after a dog is declared dangerous or potentially dangerous, an owner may request annually that the city 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 or other factors. If enough evidence is provided, the city may rescind the designation.
(3) Exceptions.
(a) The provisions of this section do not apply to dogs used by law enforcement.
(b) Dogs may not be declared dangerous or potentially dangerous if the threat, injury, or danger was sustained by a person who was:
1. Committing a willful trespass or other tort upon the premises occupied by the owner of the dog;
2. Provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing, or assaulting the dog; or
3. Committing or attempting to commit a crime.
(D) License required. The owner must annually license dangerous and potentially dangerous dogs with the city and must license a newly declared dangerous or potentially dangerous dog within 14 days after notice that a dog has been declared dangerous or potentially dangerous. Regardless of any appeal that may be requested, the owner must comply with the requirements of M.S. § 347.52 (a) and (c) regarding proper enclosures and notification to the city upon transfer or death of the dog, until and unless a hearing officer or court of law reverses the declaration.
(1) Process for dangerous dogs. The city will issue a license to the owner of a dangerous dog if the owner presents sufficient evidence that:
(a) There is a proper enclosure;
(b) Written proof that there is a surety bond by a surety company authorized to conduct business in Minnesota in the sum of at least $300,000, payable to any person injured by a dangerous dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in Minnesota in the amount of at least $300,000, insuring the owner for any personal injuries
inflicted by the dangerous dog. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the city is notified in writing by the surety company or the insurance company at least ten days prior to such cancellation;
(c) The owner has paid the annual license fee for dangerous dogs as established in the ordinance establishing fees and charges.
(d) The owner has had a microchip identification implanted in the dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, it may be implanted by the city at the owner’s expense; and
(e) The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days, the city may seize the dog and sterilize it at the owner’s expense.
(2) Process for potentially dangerous dogs. The city will issue a license to the owner of a potentially dangerous dog if the owner presents sufficient evidence that:
(a) There is a proper enclosure;
(b) The owner has paid the annual license fee;
(c) The owner has had a microchip identification implanted in the potentially dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the city. If the microchip is not implanted by the owner, it may be implanted by the city at the owner’s expense.
(3) Inspection. A pre-license inspection of the premises to insure compliance with the city code is required. If the city issues a license to the owner of a dangerous or potentially dangerous dog, the city shall be allowed at any reasonable time to inspect the dog, the proper enclosure and all places where the animal is kept.
(4) Warning symbol. The owner of a dangerous dog licensed under this section must post a sign with the uniform dangerous dog warning symbol on the property in order to inform children that there is a dangerous dog on the property. The sign will be provided by the city upon issuance of the license.
(5) Tags. A dangerous dog licensed under this section must wear a standardized, easily identifiable tag at all times that contains the uniform dangerous dog symbol, identifying the dog as dangerous. The tag shall be provided by the city upon issuance of the license.
(6) License fee. The city will charge the owner an annual license fee for a dangerous or potentially dangerous dog as established in the ordinance to establish fees and charges.
(E) Properly restrained in proper enclosure or outside of proper enclosure. While on the owner’s property, an owner of a dangerous or potentially dangerous dog must keep it in a proper enclosure. Inside a residential home, there must be a secured area maintained where the dog will stay when persons other than family members are present. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash no longer than four feet and under the physical restraint of an adult. 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.
(F) Notification requirements to city.
(1) Relocation or death. The owner of a dog that has been declared dangerous or potentially dangerous must notify the City Clerk in writing if the dog is to be relocated from its current address or if the dog has died. The notification must be given in writing within 30 days of the relocation or death. The notification must include the current owner's name and address, and the new owner’s name and the relocation address. If the relocation address is outside of the city, the city may notify the local law enforcement agency of the transfer of the dog into its jurisdiction.
(2) Renter’s obligations. A person who owns or possess a dangerous or potentially dangerous dog and who will rent 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 periods that the person owns or possesses a dangerous or potentially dangerous dog that will reside at the property. A dog owner, who is currently renting property, must notify the property owner within 14 days of city notification if the owned dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property.
(3) Transfer of ownership into the city. No dog that has been previously determined to be dangerous or potentially dangerous by another jurisdiction shall be kept, owned or harbored in the city unless the dog’s owner complies with the requirements of this section prior to bringing the dog into the city. Dogs in violation of this division are subject to impoundment and destruction.
(G) Seizure. Animal control may immediately seize any dangerous or potentially dangerous dog if:
(1) After 14 days after the owner has notice that the dog is declared dangerous or potentially dangerous, the dog is not validly licensed and no appeal has been filed;
(2) After 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required or such required insurance is cancelled;
(3) The dog is not maintained in a proper enclosure;
(4) The dog is outside the proper enclosure and not under proper restraint, as required by division (E) of this section;
(5) After 30 days after the owner has notice that the dog is dangerous, the dog is not sterilized, as required by subsection (D)(1)(e) of this section;
(6) The dog’s microchip has been removed.
(H) Reclamation. A dog seized under division (G) of this section may be reclaimed by the owner of the dog upon payment of maintenance costs, and presenting proof to animal control that the requirements of this section have been met. A dog not reclaimed under this division within seven days may be disposed of and the owner will be liable to the city for maintenance costs. A person claiming an interest in a seized dog may prevent disposition of the dog by posting a security in an amount sufficient to provide for the dog’s maintenance costs. The security must be posted with the city within seven days of the seizure inclusive of the date seized.
(I) Subsequent offenses: seizure. If a person has been convicted of violating a provision of this section, and the person is charged with a subsequent violation relating to the same dog, the dog may be seized. If the owner is convicted of the crime for which the dog was seized, the court may order that the dog be destroyed in a proper and humane manner and the owner pay the maintenance costs. If the owner is not convicted and 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 in manner permitted by law.
(J) Notice, hearings.
(1) Notice. After a dog has been declared dangerous or potentially dangerous or has been seized for destruction, the city shall give notice by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include:
(a) A description of the seized dog; the authority for and purpose of the declaration and seizure; the time, place, and circumstances under which the dog was declared; and the telephone number and contact person where the dog is kept;
(b) A statement that the owner of the dog may request a hearing concerning the declaration and that failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing;
(c) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of M.S. § 347.52, paragraphs (a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the city upon transfer or death of the dog, until such time as the hearing officer issues an opinion;
(d) A statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of M.S. § 347.51, 347.515, and 347.52, as they may be amended from time to time;
(e) A form to request a hearing; and
(f) A statement that if the dog has been seized, all maintenance costs of the care, keeping, and disposition of the dog pending the outcome of the hearing are the responsibility of the owner, unless a court or hearing officer finds that the seizure or impoundment was not reasonably justified by law.
(2) Right to hearing.
(a) After a dog has been declared dangerous, potentially dangerous or has been seized for
destruction, the owner may appeal in writing to the city within 14 days after notice of the declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing. The owner must pay a $100 fee for an appeal hearing.
(b) The appeal hearing will be held within 14 days of the request. The hearing officer must be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(c) If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000, as well as all maintenance costs, will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision shall be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the city. The decision of the hearing officer is final.
(K) Destruction of certain dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any dog, after proper notice is given pursuant to division (J) of this section and upon a finding that:
(1) The dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner;
(2) The dog has been declared dangerous, the owner’s right to appeal hereunder has been exhausted or expired, and the owner has failed to comply with the provisions of this section;
(3) It is determined that the dog is infected with rabies;
(4) The dog inflicted substantial or great bodily harm on a human on public or private property without provocation;
(5) The dog inflicted multiple bites on a human on public or private property without provocation;
(6) The dog bit multiple human victims on public or private property in the same attack without provocation;
(7) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or
(8) The dog poses a danger to the public's health, safety or welfare. In determining whether the dog poses a danger to the public's health, safety or welfare, the following factors may be considered:
(a) The dog weighs more than 20 pounds;
(b) The strength of the dog, including jaw strength;
(c) The dog’s tolerance for pain;
(d) The dog’s tendency to refuse to terminate an attack;
(e) The dog’s propensity to bite humans or other domestic animals;
(f) The dog’s potential for unpredictable behavior;
(g) The dog’s aggressiveness;
(h) The likelihood that a bite by the dog will result in serious injury.
(L) Concealing of dogs. No person may harbor, hide or conceal a dog that the city has the authority to seize or that has been ordered into custody for destruction or other proper disposition.
(M) Dog ownership prohibited.
(1) Except as provided below, a person shall not own a dog if the person has been:
(a) Convicted of a third or subsequent violation of divisions(D), (E) or (F) or similar ordinance in another jurisdiction, or M.S. §§ 347.51, 347.515 or 347.52, as they may be amended from time to time;
(b) Convicted of 2nd degree manslaughter due to negligent or intentional use of a dog under M.S. § 609.205(4), as it may be amended from time to time; or
(c) Convicted of gross misdemeanor harm caused by a dog under M.S. § 609.226, subd. 1, as it may be amended from time to time.
(2) Any person who owns a dangerous or potentially dangerous dog and is found to be in violation of any of the provisions of this section or had owned a dangerous or potentially dangerous dog but never achieved compliance with this section may be prohibited from ownership or custody of another dog for a period of five years after the original declaration. Any dog found to be in violation, may be impounded until due process is completed, pursuant to division (J) of this section.
(3) If any member of a household is prohibited from owning a dog in subsections (1) or (2) of this division (M), unless specifically approved with or without restrictions by the city, no person in the household is permitted to own a dog.
(N) Dog ownership prohibition review. Beginning three years after a conviction under division (M)(1) of this section that prohibits a person from owning a dog, and annually thereafter, the person may request in writing to the Police Chief that the city review the prohibition. The city may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the city deems appropriate. The city may rescind the prohibition entirely or rescind it with limitations. The city also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the city rescinds a person’s prohibition and the person subsequently fails to comply with any limitations imposed by the city or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the city may permanently prohibit the person from owning a dog in this state.
(O) Penalties.
(1) Unless stated otherwise, any person who violates a provision of this section is guilty of a misdemeanor.
(2) Any person who is convicted of a second or subsequent violation of any provision of divisions (D), (E), or (F) of this section is guilty of a gross misdemeanor.
(3) Any person who violates division (M) of this section, whether an owner or household member, is guilty of a gross misdemeanor.
(Prior Code, § 705.11) (Ord. passed 11-9-2010; Ord. passed 11-3-2015) Penalty, see § 90.99