HomeMy WebLinkAbout2.a. Dangerous Dog - City Code RequirementsROSEM0UNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session: April 14, 2010
AGENDA ITEM: Dangerous Dog — City Code
Requirements
GENDA SECTION:
PREPARED BY: Gary Kalstabakken, Chief of Police
AGENDA NO. 2..
ATTACHMENTS: MN State Statutes, Apple Valley Ciy
Code 91.20
APPROVED BY:
RECOMMENDED ACTION: Discussion
BACKGROUND
On March 23, 2010 a dog attacked three other dogs, two of the attacked dogs died as a result of injuries
sustained in the attack. Following this attack, the attacking dog was declared dangerous in accordance with
the City Code and MN State Statute requirements. The owner of one of the dogs has contacted the City
requesting that the City Code regulating dangerous dogs be revised to treat dangerous dogs as the City of
Apple Valley does.
ISSUE
The owners of the dog declared dangerous have decided to keep the dog and will need to comply with all
of the requirements contained within the City Code and MN state statute. CSO Kendra Zak has been in
regular contact with the owners to clarify the requirements and to ensure that compliance is obtained.
Requirements are extensive and are explained in detail in the state statutes attached. Briefly, this includes:
• Posting of warning signs
• Microchipping
• Sterilization
• Classes for the dog and owner
• Insurance
• "Proper enclosure" for the dog at all times — see definition in MSS
• When not in the proper enclosure the dog must be muzzled and controlled with a sturdy leash by a
responsible person
Failure to comply with the requirements will result in the dog being seized.
Apple Valley adopted an ordinance in October 2008 that is more restrictive. Apple Valley prohibits
dangerous dogs from being anywhere in the City except property zoned industrial. According to Apple
Valley staff, they recall about three instances since the ordinance amendment with a dog being declared
dangerous. In each of the cases, the owners have elected to have the dog put down.
Staff will be present to update the Council on any changes in this case that may occur prior to the meeting.
n jjj � CL s/� �. Page 9 of 12
Y--r —
(A) M.S. § §347.50 through 347.565 adopted by reference. Except as otherwise provided in this chapter, the
regulatory and procedural provisions of M.S. §§ 347.50 through 347.565 (commonly referred to as the dangerous dog
regulations), as amended through Laws 2008, are hereby incorporated herein and adopted by reference, including the
penalty provisions thereof, and regulatory provisions regarding microchip identification, notice of dog's death or
relocation, dangerous dog on rental property, sale of dangerous dog and dog sterilization.
(B) Declaration of potentially dangerous or dangerous dog.
(1) A city police officer, community service officer or animal control officer may declare a dog to be
potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous
or dangerous as defined herein. A written notice declaring the dog potentially dangerous or dangerous shall be
delivered or mailed to the owner of the dog, or a copy thereof posted at the place where the dog is kept, or delivered to
a person residing on the property where the dog is kept, and telephoning, if possible. The officer shall provide a copy
of the notice served upon the dog owner, along with an affidavit of service, to the City Clerk.
(2) For purposes of a notice declaring a dog potentially dangerous or dangerous, the notice must include a
copy of the provisions of this section and M.S. §§ 347.50 through 347.565, and a form, with instructions, to request an
appeal of the declaration of the owner's dog as potentially dangerous or dangerous.
(3) Beginning 180 days from the date a dog is declared potentially dangerous or dangerous, or the date of the
hearing officer's written findings of fact and conclusion affirming the declaration of the dog as potentially dangerous or
dangerous, or the date the owner appeals the notice of the declaration, the dog owner may request annually that the city
review the designation. The owner shall provide clear and convincing 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 rendering the dog no longer dangerous. The hearing officer shall review the evidence
without hearing, and if the hearing officer finds sufficient evidence that the dog's behavior has changed, and the dog is
no longer potentially dangerous or dangerous; the hearing officer may rescind the designation.
(C) Appeal.
(1) Any owner of a dog declared potentially dangerous or dangerous may appeal the declaration by serving
upon the City Clerk, within 14 business days of receipt of the notice declaring the dog potentially dangerous or
dangerous, inclusive of the date the notice is received, a written notice of appeal.
(2) The appeal hearing shall be heard by the hearing officer within 14 days of the city's receipt of the dog
owner's request to appeal the designation. The appeal hearing shall be conducted in an informal manner, and the
Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be
transcribed, but may be transcribed at the sole expense of the party who requests transcription.
(3) After considering all evidence submitted and within ten days after the hearing, the hearing officer shall
make written findings of fact and conclusion as to whether the dog is a potentially dangerous or dangerous dog. The
hearing officer's decision shall be delivered to the dog's owner by hand delivery or registered mail as soon as practical.
(4) An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall
be deemed waived if the owner fails to serve a written request for appeal, as required herein, or fails to appear at the
scheduled appeal hearing date.
(`81 Code, § 5 -11)
(5) If a dangerous dog designation is upheld by the hearing officer, the dog owner shall pay the city's actual
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expenses of the hearing, not to exceed $1,000.
(D) Requirements for dangerous or potentially dangerous dogs. Immediately upon receipt of the notice declaring
the dog dangerous, the owner shall confine the dog in a proper enclosure as defined herein and shall notify the city in
writing of the dog's subsequent death or relocation. If no timely appeal is received by the City Clerk within the time
limits prescribed herein or the dog's owner is deemed to have otherwise waived his or her right to appeal the
declaration, or the hearing officer has upheld the declaration, then the owner shall immediately comply with the
requirements of this chapter, the provisions of M.S. § §347.50 to 347.565 and the following:
(1) Implant a microchip in the dog for identification, and provide to the city the name of the microchip
manufacturer and identification number. All costs related to the purchase and implantation of the chip must be paid by
the dog's owner;
(2) Continue to confine the dog in a proper enclosure;
(3) Muzzle and restrain the dog on a substantial leash not to extend more than six feet, whenever outside of the
proper enclosure. 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;
(4) Notify the Police Department, in writing, of the death, sale, relocation or transfer of the dog within 14 days
of the death, transfer, relocation or sale. If requested by the city, the dog's owner shall 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 and the address where the dog has been relocated or is
being kept;
(5) Present a certificate of liability insurance issued by an insurance company authorized to conduct business
in this state, which specifically states that the owner is insured for any personal injuries inflicted by the potentially
dangerous or dangerous dog, in the amount of at least $300,000;
(6) Provide written proof that the owner's insurance provider has been notified, in writing, of the declaration of
the potentially dangerous or dangerous dog; and
(7) A dangerous dog shall be sterilized at the owner's expense. If the owner does not have the animal
sterilized and provide the city verification thereof within 30 days, the city shall seize the dog and have it sterilized at
the owner's expense.
The owners of all dogs found to be dangerous or potentially dangerous by another city or jurisdiction must notify
�VAce Department with 14 days of moving into the city, and must follow the requirements of § 91.20(D).
ll dogs declared dangerous shall be housed or kept only on property zoned industrial (I -1 and 1-2 L The owner
shall not allow the dog, whether muzz a or in i s proper enc o sur utrTo—u--nT`in any area not zoned industria .
(E) Prohibition in residential areas. No person may house or keep a dangerous dog on property zoned
residential.
(F) Regulatory and procedural responsibility.
(1) In accordance with Minnesota law, the city is responsible for the regulatory and procedural provisions for
potentially dangerous and dangerous dogs pursuant to M.S. §§ 347.50 to 347.565, as amended through Laws 2008,
which are hereby incorporated herein and adopted by reference in its entirety.
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(2) The owner of a dangerous dog for which a certificate of registration is required under this chapter shall pay
an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall
be in the amounts as specified in the appendix to Chapter 35.
(3) This section shall control if there is any conflict or inconsistency with M.S. §§ 347.50 et seq.
(G) Destruction of dangerous dog. The hearing officer is authorized to order the destruction of the dog upon a
finding that the dog has been declared dangerous, the owner's right to appeal hereunder has been exhausted or expired,
and the owner has failed to comply with the provisions of M.S. §§ 347.50 through 347.565 and the provision of the city
code.
(Am. Ord. 717, passed 6- 27 -02; Am. Ord. 825, passed 11- 20 -07; Am. Ord. 845, passed 9- 11 -08; Am. Ord. 847, passed
10 -9 -08)
§ 91.21 DISPOSITION OF CERTAIN ANIMALS.
• (A) Officer's orders. The hearing officer is authorized to order the destruction or other disposition of any animal
upon a finding that:
(1) The animal has habitually destroyed property or habitually trespassed in a damaging manner on property of
persons other than the owner;
(2) The animal has habitually barked, cried, whimpered or otherwise emitted loud or unusual noises or is
otherwise kept within the limits of the city in violation of the provisions of this chapter; or
(3) The animal has been found to be infected with rabies.
(B) Officer's findings. In the event the hearing officer waives authority under this division, a sworn complaint of
any person that any one of the foregoing facts exist may be brought before a district court judge in this county. The
judge shall issue a summons directed to the owner or person having possession of the animal commanding the person
to appear before the judge to show cause why the animal should not be seized and killed or otherwise disposed of by
the poundmaster, or any police officer or animal warden. The summons shall be returnable not more than five days
from the date thereof and shall be served at least three days before the time of appearance mentioned therein. Upon the
hearing and finding of the facts true as complained of, the judge may either order the animal killed or order the owner
to remove it from the city or may order it confined to a designated place, or may order its sale or other disposition as
herein provided for the impounded animals. Costs of the proceedings specified by this section shall be assessed against
the owner of the animal, if the animal is found to be kept in violation of any of the terms of this chapter.
(C) Notice and hearing. The hearing officer, after having been advised of the existence of the animal, as defined
above, by sworn complaint and having decided to retain its authority under this division, shall proceed as follows:
(1) The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to
disposition under this section and where applicable, the dates, times and places of animals or persons bitten, attacked,
injured or disfigured, or of other violations, and shall be given 14 days to request a hearing for determination as to the
disposition of the animal. If the owner does not request a hearing within ten days of the notice, the hearing officer shall
make findings and issue an appropriate order including destruction or other proper disposition of the animal. The
owner shall immediately make the animal available to the animal control officer for the ordered disposition.
(2) If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be
held before the hearing officer at a date not more than 14 days after demand for the hearing. The records of the animal
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347.50, 2009 Minnesota Statutes Page 1 of 1
2oo9 Minnesota Statutes
347.50 DEFINITIONS.
Subdivision 1. Terms. For the purpose of sections 347.50 to 347.56, the terms defined in this section have
the meanings given them.
Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has:
(1) without provocation, inflicted substantial bodily harm on a human being on public or private property;
(2) killed a domestic animal without provocation while off the owner's property; or
(3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially
dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
Subd. 3. Potentially dangerous dog. "Potentially dangerous dog" means any dog that:
(1) when unprovoked, inflicts bites on a human or domestic animal on public or private property;
(2) when unprovoked, chases or approaches 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.
V--<ubd. 4. Proper enclosure. "Proper enclosure" means securely confined indoors or in a securely enclosed
and locked pen or structure suitable to prevent the animal from escaping and providing protection from the
elements for the dog. 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.
Subd. 5. Owner. "Owner" means any person, firm, corporation, organization, or department possessing,
harboring, keeping, having an interest in, or having care, custody, or control of a dog.
Subd. 6. Substantial bodily harm. "Substantial bodily harm" has the meaning given it under section 609.02,
subdivision 7a.
Subd. 6a. Great bodily harm. "Great bodily harm" has the meaning given it under section 609.02,
subdivision 8.
Subd. 7. Animal control authority. "Animal control authority" means an agency of the state, county,
municipality, or other governmental subdivision of the state which is responsible for animal control operations in
its jurisdiction.
Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably expect may cause a dog to
attack or bite.
History: 1988 c 711 s 1; 1989 c 37 s 3 -5; 1994 c 550 s 1; 1 Sp2001 c 8 art 8 s 14,15; 2008 c 325 s 2
https: / /www.revisor.mn.gov /statutes / ?id= 347.50 04/09/2010
347.51, 2009 Minnesota Statutes Page 1 of 2
2009 Minnesota Statutes
347.51 DANGEROUS DOGS; REGISTRATION.
Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered
as provided in this section.
Subd. 2. Registration. An 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 a posting on the premises with a clearly visible
warning sign that there is a dangerous dog on the property, including a warning symbol to inform children;
(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;
(3) the owner has paid an annual fee of not more than $500, 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 under section
347.515.
Subd. 2a. Warning symbol. If an animal control authority issues a certificate of registration to the owner of
a dangerous dog pursuant to subdivision 2, the animal control authority must provide, for posting on the owner's
property, a copy of a warning symbol 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.
Subd. 3. Fee. The animal control authority may charge the owner an annual fee, in addition to any regular
dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section.
Subd. 3a. 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.
Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used
by law enforcement officials for police work.
Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a
person:
(1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner
of the dog;
(2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly,
in the past, provoked, tormented, abused, or assaulted the dog; or
(3) who was committing or attempting to commit a crime.
https: / /www.revisor.mn.gov /statutes / ?id= 347.51 04/09/2010
347.51, 2009 Minnesota Statutes Page 2 of 2
Subd. 6.[Repealed, 1Sp2001 c 8 art 8 s 30]
Subd. 7. Tag. A dangerous dog registered under this section must have a standardized, easily identifiable
tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar
at all times.
Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance
regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. Ordinances
inconsistent with this subdivision are void.
Subd. 9. Contracted services. An animal control authority may contract with another political subdivision
or other person to provide the services required under sections 347.50 to 347.565. Notwithstanding any contract
entered into under this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the animal
control authority and all certificates of registration must be issued in the name of the animal control authority.
History: 1988 c 711 s 2; 1989 c 37 s 6 -10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art 3 s 32; 1Sp2001 c
8 art 8 s 16 -18; 2008 c 325 s 3 -7
https: / /www.revisor.mn.gov /statutes / ?id= 347.51 04/09/2010
347.515, 2009 Minnesota Statutes
2009 Minnesota Statutes
347.515 MICROCHIP IDENTIFICATION.
Page 1 of 1
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. In either case, all costs related to purchase and implantation of the microchip must
be borne by the dog's owner.
History: 1 Sp2001 c 8 art 8 s 19
https: / /www. revisor .mn.gov /statutes / ?id= 347.515 04/09/2010
347.52, 2009 Minnesota Statutes Page 1 of 1
2009 Minnesota Statutes
347.52 DANGEROUS DOGS; REQUIREMENTS.
(a) 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.
(b) 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.
(c) 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 location where the dog will reside 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 or the address where the dog has been relocated.
(d) An animal control authority shall require a dangerous dog to be sterilized at the owner's expense. If the
owner does not have the animal sterilized within 30 days, the animal control authority shall seize the dog and
have it sterilized at the owner's expense.
(e) 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 the
person owns a dangerous dog that will reside at the property.
(f) A person who transfers ownership of a dangerous dog must notify the new owner that the animal control
authority has identified the dog as dangerous. The current owner must also notify the animal control authority in
writing of the transfer of ownership and provide the animal control authority with the new owner's name, address,
and telephone number.
History: 1988 c 711 s 3; 1 Sp2001 c 8 art 8 s 20; 2008 c 325 s 8
https: / /www.revisor.nm.gov /statutes / ?id= 347.52 04/09/2010
347.53, 2009 Minnesota Statutes
2009 Minnesota Statutes
347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS.
Page 1 of 1
Any statutory or home rule charter city, or any county, may regulate potentially dangerous and dangerous dogs.
Except as provided in section 347.51, subdivision 8, nothing in sections 347.50 to 347.565 limits any restrictions
that the local jurisdictions may place on owners of potentially dangerous or dangerous dogs.
History: 1988 c 711 s 4; 1989 c 37 s 11; 2008 c 325 s 9
https: / /www.revisor.mn.gov /statutes / ?id= 347.53 04/09/2010
347.54, 2009 Minnesota Statutes Page 1 of 1
2009 Minnesota Statutes
347.54 CONFISCATION.
Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall immediately seize any
dangerous dog if:
(1) after 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered under
section 347.51;
(2) after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper
liability insurance or surety coverage as required under section 347.5 1, subdivision 2;
(3) the dog is not maintained in the proper enclosure;
(4) the dog is outside the proper enclosure and not under physical restraint of a responsible person as
required under section 347.52; or
(5) the dog is not sterilized within 30 days, pursuant to section 347.52, paragraph (d).
(b) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order
that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs
incurred in confiscating, confining, and destroying the dog.
Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed by the owner of the dog
upon payment of impounding and boarding fees, and presenting proof to the appropriate animal control authority
that the requirements of sections 347.51 and 347.52 will be met. A dog not reclaimed under this subdivision
within seven days may be disposed of as provided under section 35.71, subdivision 3, and the owner is liable to
the animal control authority for costs incurred in confining and disposing of the dog.
Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a
provision of section 347.51, 347.515, or 347.52, and the person is charged with a subsequent violation relating to
the same dog, the dog must be seized by the animal control authority having jurisdiction. 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 pay the cost of confining and destroying the animal. If the owner is not
convicted and 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 under section 35.71, subdivision 3.
History: 1988 c 711 s 5; 1989 c 37 s 12; 2008 c 325 s 10,11
https: / /www.revisor.mn.gov /statutes / ?id= 347.54 04/09/2010
347.541, 2009 Minnesota Statutes Page 1 of 1
2009 Minnesota Statutes
347.541 DISPOSITION OF SEIZED ANIMALS.
Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial
hearing officer.
Subd. 2. 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.
Subd. 3. 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 section 347.52, paragraphs (a) and (c), and until such time as the hearing officer
issues an opinion;
(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 sections 347.51, 347.515, and 347.52;
(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.
Subd. 4. Right to hearing. Any hearing must be held within 14 days of the request to determine the validity
of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or
an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog
declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the
responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the
hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as
practical and a copy must be provided to the animal control authority.
History: 2008 c 325 s 12
https: / /www.revisor.nm.gov /statutes / ?id= 347.541 04/09/2010
347.542, 2009 Minnesota Statutes Page 1 of 1
2009 Minnesota Statutes
347.542 RESTRICTIONS.
Subdivision 1. Dog ownership prohibited. Except as provided in subdivision 3, no person may own a dog if
the person has:
(1) been convicted of a third or subsequent violation of section 347.51, 347.515, or 347.52;
(2) been convicted of a violation under section 609.205, clause (4);
(3) been convicted of a gross misdemeanor under section 609.226, subdivision 1;
(4) been convicted of a violation under section 609.226, subdivision 2; or
(5) had a dog ordered destroyed under section 347.56 and been convicted of one or more violations of
section 347.51, 347.515, 347.52, or 609.226, subdivision 2.
Subd. 2. Household members. If any member of a household is prohibited from owning a dog in
subdivision 1, unless specifically approved with or without restrictions by an animal control authority, no person
in the household is permitted to own a dog.
Subd. 3. Dog ownership prohibition review. Beginning three years after a conviction under subdivision 1
that prohibits a person from owning a dog, and annually thereafter, the person may request that the animal control
authority review the prohibition. The animal control authority may consider such facts as the seriousness of the
violation or violations that led to the prohibition, any criminal convictions, or other facts that the animal control
authority deems appropriate. The animal control authority may rescind the prohibition entirely or rescind it with
limitations. The animal control authority also may establish conditions a person must meet before the prohibition
is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the
animal control authority rescinds a person's prohibition and the person subsequently fails to comply with any
limitations imposed by the animal control authority or the person is convicted of any animal violation involving
unprovoked bites or dog attacks, the animal control authority may permanently prohibit the person from owning a
dog in this state.
History: 2008 c 325 s 13; 2009 c 86 art 1 s 62
https: / /www.revisor.mn.gov /statutes / ?id= 347.542 04/09/2010
347.55, 2009 Minnesota Statutes
2009 Minnesota Statutes
347.55 PENALTY.
Page 1 of 1
(a) A person who violates a provision of section 347.51, 347.515, or 347.52 is guilty of a misdemeanor.
(b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to
renew the registration of a dangerous dog, to fail to account for a dangerous dog's death or change of location
where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or change of location
where the dog will reside, or to fail to disclose ownership of a dangerous dog to a property owner from whom the
person rents property.
(c) A person who is convicted of a second or subsequent violation of paragraph (a) or (b) is guilty of a gross
misdemeanor.
(d) An owner who violates section 347.542, subdivision 1, is guilty of a gross misdemeanor.
(e) Any household member who knowingly violates section 347.542, subdivision 2, is guilty of a gross
misdemeanor.
History: 1988 c 711 s 7; 1 Sp2001 c 8 art 8 s 21; 2008 c 325 s 14
https: / /www.revisor.mn.gov /statutes / ?id= 347.55 04/09/2010
347.56, 2009 Minnesota Statutes
2009 Minnesota Statutes
347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
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Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog may be destroyed in a
proper and humane manner by the animal control authority if the dog:
(1) inflicted substantial or great bodily harm on a human on public or private property without provocation;
(2) inflicted multiple bites on a human on public or private property without provocation;
(3) bit multiple human victims on public or private property in the same attack without provocation; or
(4) bit a human on public or private property without provocation in an attack where more than one dog
participated in the attack.
Subd. 2. Hearing. The animal control authority may not destroy the dog until the dog owner has had the
opportunity for a hearing before an impartial decision maker. The definitions in section 347.50 and the
exemptions under section 347.51, subdivision 5, apply to this section.
History: 1 Sp2001 c 8 art 8 s 22; 2008 c 325 s 15
https: / /www.revisor.mn.gov /statutes / ?id= 347.56 04/09/2010
347.565, 2009 Minnesota Statutes
2009 Minnesota Statutes
347.565 APPLICABILITY.
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Sections 347.50 to 347.56 must be enforced by animal control authorities or law enforcement agencies, whether
or not these sections have been adopted into local ordinance.
History: 2008 c 325 s 16
https: / /www.revisor.mn.gov /statutes / ?id= 347.565 04/09/2010