Agenda - Planning Commission - 03/16/1999 - Special Meeting

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either sides 6 feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than 1 foot. b. No person owning or harboring, or having the care of a dangerous dog shall permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. c. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or usc any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. d. No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any dangerous dog. e. In the event that a police officer or animal control officer has probable cause to believe that a dangerous dog is being harbored or cared for in violation of Subsections (1), (2), (3), and (4) above, the police officer or animal contro! officer may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog pending trial. In the event that a police officer of animal control officer has probable cause to believe that a dangerous dog is being harbin:ed or housed in violation of section (3) above, the police officer or animal control officer may seize and impound the dangerous dog pending Subd. 17. Failure to Restrain an Attack by a Dog. It shall be unlawful for an owner to fail to restrain a dog from inflicting or attempting to inflict bodily injury to any person or other animal. Violation of this section shall be a misdemeanor. The Court upon a finding of the defendant's guilt hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following f'mdings of fact: a. The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; or b. The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. If the Court does not order the destruction of the dog, the Court, as an alternative, may order the defendant to provide, and show proof to the Court of public liability insurance in the minimum amount of $300,000.00. Subd. 18. Stopping an Attack. If any Police Officer or Animal control Officer is witness to an attack by a dog upon a person or another animal, the officer may take whatever means they deem appropriate to bring the attack to an end and prevent further injury to the victim.