For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) ANIMAL CONTROL AUTHORITY. Wright County or any law enforcement agent or other public official acting under its direction and control. Additionally, ANIMAL CONTROL AUTHORITY shall mean any individual, organization, partnership or entity operating under contract to perform animal control operations pursuant to a written agreement authorized and approved by the County Board of Commissioners, or any city or town located within the county which has declared itself to be the ANIMAL CONTROL AUTHORITY within its jurisdiction.
(B) BOARD. The Wright County Board of Commissioners.
(C) COUNTY. The County of Wright, a political subdivision of the state.
(D) DANGEROUS DOG. Any dog that has:
(1) When unprovoked, inflicted death, great bodily harm, substantial bodily harm or permanent disfigurement to any person on public or private property;
(2) When unprovoked, engaged in any attack on any person under circumstances which indicated danger to personal safety;
(3) Killed a domestic animal while off the owner’s property;
(4) When unprovoked, has bitten one or more persons on two or more separate occasions;
(5) Been found to be potentially dangerous, and after the owner received notice or personal knowledge that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of a human being or domestic animal; or
(6) Been or will be used, trained or encouraged to fight with another animal; or whose owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such dog for fighting with another animal.
(E) GREAT BODILY HARM. The meaning given it under M.S. § 609.02, subd. 8, as it may be amended from time to time.
(F) HEARING. A proceeding conducted by a hearing officer in accordance with the requirements of this subchapter.
(G) HEARING OFFICER. A licensed doctor of veterinary medicine, an animal control authority official or any otherwise qualified impartial hearing officer, appointed by the Board of Commissioners.
(H) KILLED or KILLS. A dog KILLED or KILLS a human being or domestic animal if there was a direct causal connection between the act of the attacking dog and the death of the person or other animal. For domestic animals which were euthanized following such an attack, KILLED or KILLS shall mean the death was the direct and inescapable consequence of the attack, extensive veterinarian assistance would be futile and that euthanasia merely hastened the inevitable death of the victim animal.
(I) OWNER. Any person or persons, firm, corporation, association, organization or department possessing, harboring, keeping, having an interest in or having care, custody or control of a dog. Any person keeping or harboring a dog for five consecutive days shall, for the purposes of this subchapter, be deemed to be an OWNER thereof.
(J) POTENTIALLY DANGEROUS DOG. Any dog that has:
(1) When unprovoked, bitten a human or domestic animal on public or private property;
(2) 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 upon the dog owner’s property, in an apparent attitude of attack; or
(3) A known history or propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
(K) PROPER ENCLOSURE. Securely confined indoors, or in a securely enclosed and locked pen or structure outdoors, suitable to prevent the animal from escaping and providing the dog protection 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 obstacles that prevent the dog from exiting. Such enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel, in order to qualify as a PROPER ENCLOSURE, shall meet the following minimum specifications:
(1) The overall floor size shall have a minimum area 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 18 inches into the ground;
(3) A cover over the entire pen or kennel shall be provided, constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches; and
(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 animal is in the pen or kennel.
(L) SUBSTANTIAL BODILY HARM. The meaning given to it under M.S. § 609.02, subd. 7a, as it may be amended from time to time.
(M) UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated or disturbed.
(Ord. 10-01, passed 1-19-2010)