A dangerous dog is a dog which has engaged in acts set forth in divisions (A) through (E):
(A) Caused bodily injury or disfigurement to any person on public or private property; or
(B) Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or
(C) Exhibited unusually aggressive behavior, such as an attack on another domestic animal; or
(D) Bitten a person who was not on the dog owner's property; or
(E) When unprovoked, chased or approached a person upon the streets, sidewalks or any property other than the owners, in an apparent attitude of attack; or
(F) (1) A dog which has a history of a propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals is a dangerous dog.
(2) Unprovoked shall mean the condition in which the dog is not purposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption that any attack on a child 14 years of age or younger is unprovoked unless the child is engaged in the commission of a crime or illegal activity, including activities classified under M.S. Ch. 343 as cruelty to animals.
(G) Designation as a dangerous dog. The Animal Control Officer shall designate a dog as a dangerous dog upon receiving evidence that such dog has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in division (F)(1) above and report such designation to the Director of Public Safety. The Director of Public Safety shall cause the owner, or if more than one owner, one of the owners, of the dog to be notified in writing or in person that the dog is dangerous and may order the dog seized or make such orders as deemed proper in accordance with division (H) below. The owner, or one of the owners if more than one owner, shall be notified as to the date(s) on which, the time(s) when, and place(s) where the dog has bitten, attacked or threatened a person or domestic animal. The owner, or one of the owners if more than one owner, shall be given five days excluding intervening weekends and holidays, to appeal this order by requesting, in writing on a form provided by the Director of Public Safety, a hearing in accordance with Chapter 31 of this code. The hearing officer shall affirm or reject the Animal Control Officers dangerous dog designation or may impose other sanctions as warranted.
(H) Disposition of dangerous dogs. The Animal Control Officer, after designation of an animal as dangerous shall determine the disposition of the dangerous dog.
(1) The dangerous dog shall be euthanized; or
(2) The dangerous dog shall be subject to the following conditions:
(a) Housed in a proper enclosure. Proper enclosure means securely confined indoors or in a securely 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. Such 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:
1. Have a minimum overall floor size of 32 square feet.
2. 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 posts shall be one and one-quarter 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 eighteen inches in the ground.
3. 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 shall also have no openings greater that two inches.
4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the dog is in the pen or kennel.
5. Protection from the elements shall be provided.
(b) Insurance. The owner provides a certificate of insurance showing a policy is in place which provides a minimum of $1,000,000 of liability coverage. If the dog is impounded, proof of insurance must be demonstrated prior to the dog's release; and
(c) Posting. Post the front and rear of the premises with clearly visible warning signs including a warning symbol to inform children that there is a dangerous dog on the property as specified in M.S. § 347.51;
(d) Muzzle. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not to exceed six feet in length and be under the physical restraint of a person 18 years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration;
(e) Microchip identification required. The owner of a dangerous dog is required to have a microchip installed or injected on the dog. The microchip shall be installed in or injected under the skin of the dog by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the dog's owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip. If the dog is impounded, the microchip shall be installed or injected prior to its release;
(f) Annual registration fee. The owner of a dangerous dog is required to pay an annual registration fee in an amount to be determined from time to time by the City Council in addition to the annual dog license fee. If the dog is impounded the fee shall be paid prior to the dog's release.
(g) Violation of any of the provisions of this section is a misdemeanor.
(Ord. 980, passed 8-22-05)