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ORDINANCE NO. 453, Third Series

Friday, June 26, 2009 - 7:53am

ORDINANCE NO. 453, Third Series




Section 1. Chapter 10 of the City Code of the City of Red Wing is hereby amended by revising the following paragraphs in Section 10.11:

Subd. 12. Dangerous Dogs. A. Definitions.

(1) "Dangerous dog" means any dog that has:

(a) without provocation, inflicted substantial bodily harm on a human being on public or private property;

(b) killed a domestic animal without provocation while off the owner's property; or

(c) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively

w> bites, attacks, or endangers the safety of humans or domestic animals.

(2) "Potentially dangerous dog" means any dog that:

(a) when unprovoked, bites a human or domestic animal on public or private property;

(b) 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

(c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of ( humans or domestic animals.

(3) "Hearing Officer" means an impartial employee appointed by the City, or an impartial person retained by the City, to conduct a hearing under this ordinance.

(4) "Proper Enclosure" means securely confined indoors or in a

securely enclosed and locked pen or structure suitable to prevent the dog 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.

Muzzling and chaining or tieinq out the dog does not provide the necessary proper enclosure.

B. Registration.

(1) No person may own a dangerous dog in the eCity unless the dog is registered as provided in this Section.

(2) The eCity will, upon application by the owner, issue a certificate of registration to the owner of a dangerous dog if the owner presents evidence that:

(a) a proper enclosure exists for the dangerous dog;

(b) a warning sign, including a warning symbol for children, has been placed informing of the presence of the dangerous dog;

(c) the owner has procured a surety bond issued by a surety company authorized to do business in Minnesota, in a form acceptable to the eCity in at least the sum of $50,000 $300,000 payable to any person injured by the dog or, alternatively, the owner has in place a policy of insurance providing the same protection;

(d) the owner has paid to the eCity an annual fee of $500 in addition to the regular license fee for a dog;

(e) the owner has had microchip identification implanted in the dangerous dog, and the cCity has been provided with the name of the microchip manufacturer and identification number of the microchip;

(f) the dangerous dog has a standardized tag identifying the dog as dangerous and containing the uniform dangerous dog symbol. which is affixed to the dog's collar at all times.

C. Regulation of Dangerous Dogs.

(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.

(2) An owner of a dangerous dog must renew the registration of the dog annually until it is deceased.

(3) An owner of a dangerous dog must notify the eCity in writing of the dog's death or transfer outside tho city to a new location within 30 days of death or transfer, and must execute an affidavit .Wf of death or transfer as prescribed by the eCity.

(4) Tho city may require any An owner of a dangerous dog must have the dangerous dog to be sterilized at the owner's expense. The owner must provide proof of sterilization of the dog to the City. If the owner does not have the dog sterilized within 30 days of the dangerous dog determination, the City shall seize the dog and have the dog sterilized at the Owner's expense.

(5) A person that owns a dangerous dog and rents property from another must notify the property owner, prior to signing the lease agreement, that a dangerous dog will reside at the property.

(6) A person that setts transfers a dangerous dog must notify the purchaser new owner that the dog has been identified as dangerous, and must also notify the eCity in writing, providing the new owner's name, address and telephone number.

(7) The eCity shall seize a dangerous dog if. after 14 days after the

owner has notice that the dog is dangerous, the dog is not validlv

registered as a dangerous doa or the owner has not secured the

required liability insurance or surety coverage. The City may seize a dangerous dog if any other of the requirements contained in this subdivision have not been met, consistent with the requirements of Minnesota Statutes Chapter 347. as it may be

amended. A seized dog may be reclaimed upon payment of

impounding and confinement costs and proof that the

requirements of this Ordinance will bo have been met. A dog not reclaimed within seven days following notification to the owner will may be destroyed, and the owner will be liable for all costs incurred in confining and disposing of the dog. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide forthe 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.

(8) Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the eCity 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 cCity finds sufficient evidence that the dog's behavior has changed, the eCity may rescind the dangerous dog designation.

(9) Notwithstanding anything in this subdivision to the contrary, the eCity may destroy a dog that has inflicted substantial or great bodily harm on a human boing on public or private property without provocation, has:

(a) inflicted substantial or great bodily harm on a human on i public or private property without provocation:

(b) inflicted multiple bites on a human on public or private property without provocation:

(c) bit multiple human victims on public or private property in the same attack without provocation: or

(d) bit a human on public or private property without provocation in an attack where more than one animal participated in the attack.

Destruction of the dog may occur after the dog owner has had a reasonable opportunity for. a hearing before a decision maker appointed by tho city been notified of the intended destruction and had at least 7 days to request a hearing challenging the ( decision to destroy the animal. The hearing shall be before a hearing officer.

(10) Nothing contained in this Ordinance shall apply to dogs used for law enforcement purposes by a law enforcement agency.

D. Determination of Status.

(1) Whether a dog is "dangerous" or "potentially dangerous" as that term is used herein shall be determined by the City Director of Public Safety Police Chief or designee, in consultation with the City Attorney if necessary, subject to appeal to the City Council ao provided below, and hearing before a hearing officer. The owner and persons that have suffered injury or damage due to

the dog shall be given written notice of the determination. The notice shall provide:

(a) a description of the dog: the authority for and purpose of the dangerous dog determination, and seizure, if applicable: the time, place, and circumstances under which the dog was declared dangerous: and the telephone number and contact person where the dog is kept:

(b) that the owner of the dog may request a hearing concerning the dangerous dog determination: failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing:

(c) that if an appeal reguest is made within 14 days of the notice, the owner must immediately comply with the reguirements of paragraphs C (1) and (3) of this subdivision, and until such time as the hearing officer issues an opinion;

(d) that if the hearing officer affirms the dangerous dog determination, the owner will have 14 days from receipt of that decision to comply with all other reguirements of this subdivision:

(e) 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: and

(f) a form for notifying the City of an appeal and requesting a hearing under this subdivision:.

(2) If the dog owner, or other person that has oufforod injury or damage duo to the dog, wishes to appeal the Director of Public Safety's--Police Chief or designee's dangerous dog determination, a written notice of appeal must be filed with the eCity within 10 .14 days of rocoipt of written determination the date of the notice of the dangerous dog determination. The City Council may hear the appeal itself, appoint a committee of the Council to hear the oppoal and make a recommendation to the Council, or appoint an Independent Hearing Officer to hear the oppoal and make a recommendation to the Council shall appoint a hearing officer to conduct the hearing. The hearing shall be open to the public. The City Council shall make a final decision.

(3) The hearing shall take place within 14 days of the receipt of the notice and request for hearing.

(4) In the event that the dangerous dog determination is upheld bv the hearing officer, actual expenses of the hearing, up to a maximum of $1,000. may be the responsibility of the dog's owner.

(5) The hearing officer shall issue a decision, in writing, on the matter within ten days after the hearing. The decision must be delivered to the dog's owner bv hand delivery or registered mail as soon as practical and a copy must be provided to the City.

SECTION 2: Effective Date. This ordinance shall be in full force and effect after its adoption and publication in accordance with the City Charter.

Introduced the 12th day of January, 2009. Adopted this 22nd day of June 2009.

Michael V. Schultz, Council President ATTEST:

Kathy Seymour Johnson, City Clerk

Presented to the Mayor at 9:03 p.m. on this 22nd day of June 2009. Approved this 22nd day of June 2009.

John S. Howe, Mayor

(June 26)