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8. Draft Amendments to Dog OrdinanceDog Regulations Page 1 of 5 Draft amendment to the City of Scandia’s Dangerous Dog Regulations § 90.05 AT LARGE. No owner shall permit the owner’s dog to be at large within the city. (Ord. 185, passed 6-20-2017) Penalty, see § 90.99 § 90.06 PUBLIC NUISANCE. (A) No person shall keep or harbor a dog which is a public nuisance. (B) A dog is a public nuisance that does any of the following: (1) Destroys property or habitually trespasses in a damaging manner on property of persons other than the owner; (2) Attacks or bites a person outside the owner’s or custodian’s premises; (3) Shows vicious habits or molests pedestrians or persons riding or driving on the public streets or highways; or (4) Habitually barks, bays, cries, howls, or makes any other noise continuously for a period of ten minutes or barks intermittently for 30 minutes or more, at any time, either day or night. A dog shall not be deemed a public nuisance if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property on which the dog is situated or when the dog is teased or provoked. § 90.14 REGULATION OF POTENTIALLY DANGEROUS DOGS AND DANGERIOUS DOGS. The City of Scandia shall enforce the regulations of Dangerous and Potentially Dangerous Dogs as specified under Minnesota State Statutes §347.50-347.565. (A) Determination of potentially dangerous dog. The Animal Control Authority shall determine that a dog is a potentially dangerous dog if the Animal Control Authority believes, based upon the Animal Control Authority’s professional judgment, that a dog: (1) Has, when unprovoked, inflicted bites on a human or domestic animal on public or private property; (2) 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 dog owner’s property, in an apparent attitude of attack; or (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (B) Notice of potentially dangerous dog. Upon a determination by the Animal Control Authority that a dog is potentially dangerous, the Animal Control Authority shall provide a notice of potentially dangerous dog to the owner of the dog by personally serving the owner or a person of Dog Regulations Page 2 of 5 suitable age at the residence of the owner. Service upon any owner shall be effective as to all owners. The notice shall include the following: (1) A description of the dog deemed to be potentially dangerous; (2) The factual basis for that determination; (3) The identity of the officer who has made the determination; (4) An order that the owner have a microchip implanted in the dog for identification in accordance with § 90.15(D) and provide the Animal Control Authority with proof thereof within 30 days of the date of service; (5) An order that the owner provide the Animal Control Authority with written notice of any relocation of the dog from its current residence, providing any new owner’s full name, address, daytime and evening telephone numbers, and the relocation address at least ten days prior to any relocation or new ownership; and (6) The criminal penalties for violation of the requirements pertaining to potentially dangerous dogs. (C) Requirements. It shall be the joint and several responsibility of each owner of any dog kept or harbored within the city and determined to be potentially dangerous under this section or state law to have a microchip implanted in the dog for identification and provide the Animal Control Authority with proof thereof, including the name of the microchip manufacturer and its serial identification number, within 30 days of any owner’s receipt of the notice of potentially dangerous dog or within ten days of the dog’s location within the city, whichever occurs first. It shall also be the joint and several responsibility of each owner of any potentially dangerous dog kept or harbored within the city to provide the animal control authority with written notice of any intended relocation of the dog from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers, and the relocation address at least ten days prior to any relocation or new ownership. (Ord. 185, passed 6-20-2017) § 90.15 REGULATION OF DANGEROUS DOGS. (A) Requirement. No person may own a dangerous dog unless the dog 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 dog if the owner presents sufficient evidence that: (1) A proper enclosure exists for the dangerous dog and there is posted on the premises a clearly visible warning sign provided by the Animal Control Authority to inform children that there is a dangerous dog on the property. The warning symbol must be the uniform symbol provided by the Commissioner of Public Safety. The Commissioner shall provide the number of copies of the warning symbol requested by the Animal Control Authority and shall charge the Animal Control Authority the actual cost of the warning symbols received. The Animal Control Authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol; (2) A surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the Animal Control Authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; Dog Regulations Page 3 of 5 (3) The owner has paid an annual fee of $300, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) The owner has had microchip identification implanted in the dangerous dog as required in division (D) below. (C) Dangerous dog designation review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the Animal Control Authority 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 that includes modification of aggressive behavior, or other factors. If the Animal Control Authority finds sufficient evidence that the dog’s behavior has changed, the authority may rescind the dangerous dog designation. (D) Microchip identification. The owner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog 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. Once implanted, no one, except a licensed veterinarian, shall remove a microchip from a dangerous dog. All costs related to the purchase and implantation of the microchip must be borne by the dog’s owner. (E) Dangerous dogs; additional requirements. (1) An owner of a dangerous dog shall keep the dog, while on the owner’s property, in a proper enclosure. If the dog is outside the proper enclosure, the dog 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 dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (2) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction. (3) An owner of a dangerous dog must notify the Animal Control Authority in writing of the death of the dog or its transfer to a new jurisdiction 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 dog’s death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. (4) The Animal Control Authority may require a dangerous dog to be sterilized at the owner’s expense. If the owner does not have the animal sterilized, the Animal Control Authority may have the animal sterilized at the owner’s expense. (5) A person who owns a dangerous dog and who rents 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, that that person owns a dangerous dog that will reside at the property. (6) A person who sells a dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as dangerous. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number. (F) Confiscation. (1) Seizure. The Animal Control Authority shall immediately seize any dangerous dog if: (a) Fourteen days after the owner has notice that the dog is dangerous, the dog is not validly registered pursuant to divisions (A) and (B) above; Dog Regulations Page 4 of 5 (b) Fourteen days after the owner has notice that the dog is dangerous, the owner does not secure the property liability insurance or surety coverage required by division (B) above; (c) The dog is not maintained in a proper enclosure; (d) The dog is outside its proper enclosure and not under the physical restraint of a responsible person as required by division (E) above; or (e) The dog is not sterilized within 30 days of the owner being required, as provided in division (E) above, to cause the dog to be sterilized. (2) Reclaimed. A dangerous dog seized under this section may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Authority that the requirements of this section will be met. A dog not reclaimed under this division (F)(2) within seven days may be disposed of as provided in M.S. § 347.54, subd.2, as it may be amended from time to time, and the owner is liable to the Animal Control Authority for costs incurred in confining and disposing of the dog. (3) Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of this section and the person is charged with a subsequent violation relating to the same dog, the dog shall be seized by the Animal Control Authority. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner shall pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the Animal Control Authority of a fee for the care and boarding of the dog. If 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 as provided in M.S. § 35.71, subd. 3, as is may be amended from time to time, and the owner is liable to the Animal Control Authority for the costs incurred in confining, impounding, and disposing of the dog. (Ord. 185, passed 6-20-2017) § 90.16 DISPOSITION OF SEIZED ANIMALS. (A) Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer. (B) Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog’s actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of the seizure. (C) Notice. The authority declaring the dog dangerous shall give notice of this section 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 must include: (1) A description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept; (2) A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing under this section; (3) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of § 90.15(E)(1) and (E)(3), and until the time as the hearing officer issues an opinion; Dog Regulations Page 5 of 5 (4) 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 § 90.15(B), (D), and (E); (5) A form to request a hearing under this subdivision; and (6) A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. (NEW) (D) The City of Scandia shall conduct the disposition of seized animals in accordance with Minnesota State Statute §347.541, any provisions specified within statute shall supersede those of this section. (NEW) § 90.17 Designation Review. Beginning six (6) months after a dog is declared a dangerous dog or potentially dangerous dog, an owner may request annually a review of 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 that includes modification of aggressive behavior, or other factors. The owner shall submit a request for reconsideration to the City Administrator, who shall then notice a hearing before the City Council, in consultation with the Animal Control Authority. If the City Council finds sufficient evidence that the dog’s behavior has change, the City Council may rescind the dangerous dog or potentially dangerous dog designation.