10.2. SR 12-02-2019 - Laserfiche WebLink

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(4) Has previously been declared a "potentially dangerous dog" pursuant to Minn. Stats. §§ 347.50 to 347.565 by the animal control authority of another jurisdiction. Proper enclosure means 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. The enclosure shall contain a self-closing and self-locking gate, which shall be locked at all times when the dog is in the enclosure. Provocation means an act that an adult could reasonable expect may cause a dog to bite or attack. Substantial bodily harm means 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. Unprovoked means the condition in which the dog is not purposely excited, stimulated, agitated or disturbed. (Ord. No. 09-08, § 1, 8-17-2009; Ord. No. 18-14, § 1, 10-15-2018) Sec. 10-92. - Declaration of dangerous or potentially dangerous dog. (a) A police officer, community service officer, or animal control officer 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 as defined in this article or in Minn. Stats. §§ 347.50 to 347.565. The following factors will be considered in determining a dangerous or potentially dangerous dog: (1) 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. (2) The size and strength of the dog, including jaw strength, and the animal's propensity to bite humans or other domestic animals. (3) 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. (b) 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. (c) Exceptions. (1) The provisions of this section do not apply to dogs used by law enforcement. (2) Dogs may not be declared "dangerous" or "potentially dangerous" if the threat, injury, or danger was sustained by a person who was: a. Committing a willful trespass or other tort upon the premises occupied by the owner of the dog; b. 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 c. Committing or attempting to commit a crime.