INFORMATION #1 11-05-2007 - Laserfiche WebLink

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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 ofthirty-two square feet (32 sq. ft.); (2) Sidewalls shall have a minimum height of five feet (5 ft.) and be constructed of 11- gauge or heavier wire. Openings in the wire shall not exceed two inches (2 in.), support posts shall be one and one-quarter-inch (11/4 in.) or larger steel pipe buried in the ground eighteen inches (18 in.) or more. When a concrete floor is not provided, the sidewalk shall be buried a minimum of eighteen inches (18 in.) 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 (2 in.); 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 (2) 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. "Substantial bodily harm" shall have the meaning given to it under Minnesota Statutes Section 609.02, Subdivision 7a. (M) Unprovoked. "Unprovoked" shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption that any attack on a child fourteen (14) years of age or younger shall be considered to be unprovoked unless the child is engaged in the commission of a crime or illegal activity, including activities classified under Minnesota Statute Chapter 343 as cruelty to animals. SECTION 7 -DANGEROUS DOGS, DESIGNATION. Subsection 1: Designation The Animal Control Authority or hearing officer shall designate any dog as a dangerous dog upon receiving evidence that the dog meets any of the criteria of applicable state law or Section 6(D) of this Ordinance. Subsection 2: Notice (1) Upon a designation that a dog is dangerous; the Animal Control Authority shall provide a written Notice of Dangerous Dog to the owner of record or, if none, to any owner of such dog by personally serving the owner or a person of suitable age and discretion at the residence of such owner. Service upon any owner shall be effective as to all owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and include the following: 070710 Sherburne County Dog Ordinance ']