Ordinance - #26-02 - 02/10/2026 - Laserfiche WebLink

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1 e. Dangerous dog designation review. In accordance with Minn. Stat. § 347, beginning six months after a 2 dog is declared a dangerous dog; an owner may request annually that the animal control authority 3 review the designation. The owner must provide evidence that the dog's behavior has changed due 4 to the dog's age, neutering, environment, completion of obedience training that includes 5 modification of aggressive behavior, or other factors. If the animal control authority finds sufficient 6 evidence that the dog's behavior has changed, the authority may rescind the dangerous dog 7 designation. 8 f. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used by 9 law enforcement, fire suppression, or emergency medical officials for public safety duties. 10 11 12 13 14 15 16 g• Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: i. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; ii. Who was tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, tormented, abused, or assaulted the dog; or, iii. Who was committing or attempting to commit a crime. 17 h. Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag 18 identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the 19 dog's collar at all times. 20 (4) Hearing for dogs deemed dangerous or potentially dangerous. The owner of a dog that a dog that has 21 been deemed dangerous or potentially dangerous may request a hearing to determine the validity of the 22 dangerous or potentially dangerous dog declaration. If such a request is made, the owner must 23 immediately comply with the provisions outlined in Minn. Stat. § 347, until the hearing examiner issues an 24 opinion. To appeal the dangerous or potentially dangerous dog declaration: 25 a. A request, identifying with specificity the basis for the dog owner's objection to the declaration shall 26 be filed in writing with the office of the chief of police within the allotted time per Minn. Stat. § 347. 27 Failure to do so within the allotted time will terminate the owner's right to a hearing. 28 b. A filing fee as established by an annual fee schedule shall be submitted with the appeal request. In 29 the event that the dangerous dog declaration is not upheld by the hearing examiner, the filing fee will 30 be refunded to the dog's owner. Per Minn. Stat. § 347, if the dangerous dog declaration is upheld by 31 the hearing examiner, actual expenses of the hearing up to a maximum allowed by Minnesota Statute 32 will be the responsibility of the dog's owner. 33 c. A hearing shall be conducted within the allotted time per Minn. Stat. § 347. 34 d. The hearing officer shall issue a decision on the matter within the allotted time per Minn. Stat. § 347 35 after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered 36 mail as soon as practical and a copy must be provided to the animal control authority. 37 e. If the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt 38 of that decision to comply with all requirements of the notice. 39 f. Any costs incurred for the care, keeping, and disposition of the dog are the responsibility of the 40 person claiming an interest in the dog, except to the extent that a court or hearing officer finds that 41 the seizure or impoundment was not substantially justified by law. 42 (5) Failure to restrain an attack by a dog. 43 a. It shall be unlawful for an owner to fail to restrain a dog from inflicting or attempting to inflict bodily 44 injury to any person or other animal. Violation of this section shall be a misdemeanor. The court, 45 upon a finding of the defendant's guilt hereunder, is authorized to order, as part of the disposition of Page 11 of 15