(A) No dangerous dog shall be kept by a person within the city unless the owner has complied with all conditions of and said dog has been properly registered and received a certificate of registration pursuant to M.S. §§ 347.51 and 347.515 as amended. The fee for a certificate of registration shall be as set forth by City Council by resolution.
(B) No person shall keep a potentially dangerous dog within city limits that is not registered with the city and for which a certificate of registration has not been issued. If an owner of a dog has been notified by the city that it has been determined that said owner’s dog has been found to be a potentially dangerous dog, said owner must obtain a certificate of registration from the city within 14 days after showing that the owner has satisfactorily met the conditions of M.S. §§ 347.51 and 347.515, as amended. A fee shall be imposed for said certificate.
(C) (1) If, in the reasonable belief of any person by way of a citizen complaint or police officer an animal presents an immediate danger to the health and safety of any person, the officer may apprehend the animal and deliver it to the pound for confinement; or
(2) Upon receipt of a citizen complaint and/or report from a city official, the City Administrator shall conduct an investigation and make a determination as to whether or not the dog complained of is a dangerous or potentially dangerous dog. Notice of this determination, after investigation shall be given to the owner of said dog and said dog shall be seized until a proper certificate of registration is obtained by the owner.
(D) The city may impound any dangerous or potentially dangerous dog if said dog is outside its enclosure and not under physical restraint of a responsible person, or is enclosed in an improper or poorly maintained enclosure.
(E) In such a case, the owner or keeper of the animal shall be liable for the cost of maintenance provided, and if the animal is destroyed, a charge periodically set by the Council to dispose of the animal. If the animal is found not to be a danger to the health and safety of the city, it may be released to the owner or keeper in accordance with this section. The animal may be released to other persons in accordance with this section.
(F) An animal may be declared as unable to be released if the City Administrator finds that an animal apprehended under this section cannot be safely released into the community because it poses a threat to the health and safety of the city. In such a case, the City Administrator may order that animal destroyed in a painless manner.
(1) Prior to euthanizing the animal, notice shall be provided to the animal’s owner by first class mail, postage prepaid, that a determination was made that the animal presents a threat to the health and safety of the city and that it will be destroyed unless the owner objects in writing to the animal’s
destruction within 10 days from the date of the notice and requests review of the City Administrator’s decision by the animal forfeiture panel. The notice shall state the address where the animal owner must mail his or her objection. If the owner does not request review of the City Administrator’s decision, the animal shall be destroyed in accordance with the notice provided to the animal’s owner and the costs of euthanizing the animal and its disposal shall be assessed against the owner. Any person may waive their right to appeal in writing, and if the city receives a waiver, it may immediately destroy the animal.
(2) If an appeal is requested pursuant to division (C) of this section, a committee made up of the Mayor, and one other member of the City Council and citizen appointed by the Mayor for purposes of sitting on the panel shall schedule a hearing not less than 7 nor more than 21 days after receiving notice of appeal from the animal owner.
(3) At the hearing, the City Administrator shall present his basis for finding that the animal poses a threat to public safety and any other evidence, which may include live testimony by witnesses, relevant to the animal’s disposition. The animal owner shall present any relevant evidence which may include live testimony by witnesses rebutting the City Administrator’s findings and demonstrating the animal does not pose a threat to public health and safety. The parties shall have an opportunity to cross-examine any adverse witness.
(4) If the committee determines after hearing the evidence that the animal presents a threat to public health and safety, the Committee shall order the animal destroyed and the costs of euthanizing the animal and disposal assessed against the animal owner. A finding by the Committee that the animal is a dangerous dog as defined by M.S. § 347.50 Subd. 2 shall be sufficient to support a finding that the animal presents a threat to health and safety. If the Committee determines that the animal does not present a threat to the health and safety of the city, the animal shall be released to the owner. The Committee shall issue written findings summarizing the facts relied upon by the Committee as the basis of their conclusion and stating the decision of the Committee. A copy of the findings shall be mailed to the animal owner at his/her last known address.
(5) In all cases, an impounded animal’s owner shall pay to the city the costs of impounding the animal.
(6) If an animal owner appeals the City Administrator’s decision to destroy an animal pursuant to division (D) and the appeal panel concludes that the animal poses a threat to health and safety and orders it destroyed, the animal owner shall pay to the city an administrative fee of $75 in addition to any other costs charged against the animal owner.
(G) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Dangerous dog. Any dog that has:
(a) Without provocation, inflicted substantial bodily harm on a human being on public or private property;
(b) Killed a domestic animal without provocation while off the owner’s property; or
(c) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
(2) Potentially dangerous dog. Any dog that:
(a) When unprovoked, inflicts bites on a human or domestic animal on public or private property;
(b) 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 dog 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.
(3) Proper enclosures. Proper enclosure means
(a) A securely confined enclosure or locked pen or structure suitable to prevent the animal from escaping; and
(b) Providing protection from the elements, not including a porch, patio, or any part of a house, garage or other structure that would allow the dog to exit on its own volition.
(Ord. 90.26, passed 5-13-2013)