Potentially dangerous dogs

A. Designation. The Animal Control Authority or Hearing Officer shall designate any dog as a Potentially Dangerous Dog upon receiving evidence that the animal meets any of the criteria in the Definition of Potentially Dangerous Dogs found in Section 3-2-1 of this Section. 1\. Notice. Upon determination that a dog is Potentially Dangerous, the Animal Control Authority shall provide a written Notice of Potentially Dangerous Dog by mailing said Notice to the Owner of record or if none by mailing said Notice to the property where the dog is located. Service upon any Owner shall be effective as to all Owners. The Notice shall state the following: a. A factual basis for the determination including dates, times, places and facts of the incidents which are the basis for the determination; b. A description of the dog deemed potentially dangerous; C. If the dog was seized, the address and telephone number of the contact person where the dog is kept; and d. Any requirements the Animal Control Authority deems necessary under Section 3-2-12.B of this Section. 2\. Exemption. A dog may not be declared Potentially Dangerous if the threat, injury, or damage was sustained by a person who: a. Was committing, at the time, a willful trespass or other tort upon the premises occupied by the Owner of the dog; or b. 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 C. Who was committing or attempting to commit a crime against the Owner or the Owner's property. 3\. Review of designation. The Animal Control Authority, or Hearing Officer, may, upon the written request of the Owner, review the status of a dog which has been determined to be Potentially Dangerous if a period of two (2) years has passed without any further incidents or violations of this Section, and may use discretion in determining whether any conditions which have been ordered are still required. If the review is conducted by the Hearing Officer, the burden of proof shall be upon the dog's Owner and the standard of proof shall be by clear and convincing evidence. If a review is conducted the person requesting the review is responsible for all actual costs incurred by the City, the Animal Control Authority, or the Hearing Officer in performing the review. B. Requirements: 1\. Microchipping. Any dog that has been determined to be Potentially Dangerous shall be microchipped in accordance with Minn. Stat. 347.515 and Section 3-2-11 of this Section. 2\. Other restrictions. Any dog determined to be Potentially Dangerous may be subject to any or all of the following restrictions, as determined by the Animal Control Authority or the Hearing Officer: a. The Owner of a dog may be required to complete an approved dog obedience class within a designated period of time, and provide proof of completion to the Animal Control Authority; b. The dog may be required to be kept in a Proper Enclosure, or restrained by chain or leash not to exceed six feet (6 ft.) in length, and/or muzzled, and under the control of a responsible person eighteen (18) years of age or older at all times it is outdoors and not inside a Proper Enclosure; C. The Owner may be required to post the property where the dog resides with warning signs, readable to children, containing a written notice and warning that a Potentially Dangerous Dog is present on the property. Such signs shall conform to the requirements set forth in Section 3-2-9.B.3.(b) of this Section; d. The Owner may be required to show proof of up-to-date rabies vaccination and, if required, licensing; e. The dog may be required to wear, at all times, a tag or marker identifying it as a Potentially Dangerous Dog; f. The dog may be required to be sterilized within thirty (30) days of the owner receiving notice; and g. Any other restriction the Animal Control Authority or Hearing Officer deems necessary to protect the public. C. Leased premises. A person who owns a Potentially Dangerous Dog and who rents property from another where the dog will reside shall disclose to the property owner prior to when the dog begins to reside on the property, or prior to entering the lease agreement, and at the time of any lease renewal, that the person owns a Potentially Dangerous Dog that will reside at the property. (Ord. #15, adopted July 12, 2011)