V.4. Approve Ordinance 2014-1082, for First Reading - Domestic Animals
October 21, 2014 Council Report 2014-120
AMENDMENTS TO SECTION 925 OF THE CITY CODE
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2014-1082 for first reading.
Adoption of this motion will begin the process of amending Section 925 – Domestic Animals of the
Hopkins City Code.
Overview
Section 925 is primarily concerned with dogs. Section 925 establishes the rules for dog licensing,
appropriate care of dogs, and the controlling nuisance or dangerous dogs. Section 925 also adopts
by reference Chapters 346 and 347 of the Minnesota State Statutes.
Chapter 347 deals with procedures for designating and controlling dangerous and potentially
dangerous dogs. All cities are required to enforce this Chapter. Over the last few years several
situations have occurred where the City was faced with the possible enforcement of its dangerous
dog provisions. The procedures outlined in Section 925 differed from those established by Chapter
347.
Ordinance 2014-1082 revises Section 925 in order to bring it into conformance with Chapter 347. It
also removes some outdated language and clarifies other language in Section 925.
Primary Issues to Consider
What language from Section 925 is being changed?
Supporting Information
Analysis of Issues
Alternatives
Ordinance number 2014-1082
Sections of Chapter 347 of the Minnesota State Statutes which deal with Dangerous Dogs
______________________________________
James A. Genellie
Assistant City Manager
Council Report 2014-120
Page 2
Analysis of Issues
What language is being changed in Section 925?
Under definitions, “pound” is being replaced by animal shelter. The terms “bodily harm”,
“substantial bodily harm”, and “great bodily harm” are deleted. These terms are defined in Chapter
347. The Hopkins Police Department is defined as the “Animal Control Authority.” This term is
then used throughout Section 925 instead of health authority or animal control officer.
Section 925.19 is being deleted. The City does not transfer licenses.
Section 925.37 is being deleted. Notice and hearing provisions are included in Chapter 347. The
hearing officer should also not be the Chief of Police as it is the Police Department that enforces the
laws regarding dogs.
Language is being added to Section 925.49 regarding reclaiming animals after normal city business
hours. Procedures will be established with the animal shelter to allow the Police Department (the
Animal Control Authority) to release a licensed dog. Owners will have to pay the animal shelter for
any of its costs. The Shelter, however, will not collect the City’s impound fee which is one of the
reasons that the City has required owners to pay at the City before picking up their dog. The City
will have to bill the owner for this fee.
Finally language is being added in Section 925.51 that will make it clear that the City may use its
administrative citation process to enforce any of the provisions of Section 925.
Alternatives
1.Adopt Ordinance number 2014-1082 for first reading.
2.Do not adopt Ordinance number 2014-1082.
Staff recommends Alternative #1.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2014-1082
ORDINANCE AMENDING SECTION 925 DOMESTIC ANIMALS
OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Hopkins City Code Section 925 is amended by adding the following underlined
language and deleting the strikethrough language:
925.00 Adoption by reference. Minnesota Statutes, Chapters 346 and 347, as they pertain to domestic
dogs and cats, are adopted by reference and are as much a part of this code as if fully set forth herein.
Any violation of the statutes herein adopted by reference is a violation of this code.
925.01. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have
the meanings given them.
Subd. 2. "Pound Animal Shelter" means premises designated by the council for the
purpose of caring for animals impounded pursuant to this section.
Subd. 3. "Owner" means a person who owns, keeps or harbors any animal as defined in
925.01, Subd. 11.
Subd. 4. The term "under restraint" means on a leash of not more than six (6) feet in
length and in the custody of a person of sufficient age to adequately control the dog; in a vehicle, or on
the owner's property.
Subd. 5. "Veterinary hospital" means an establishment maintained and operated by a
licensed veterinarian for the diagnosis of and care of animals.
Subd. 65. "Dog at large" or "running at large" means a dog not on the owner's premises and
not under restraint.
Subd. 76. "Tag" means the license tag required under this section.
Subd. 8. "Bodily Harm" means physical pain or injury, illness or any impairment of
physical condition.
Subd. 9. "Substantial Bodily Harm" means bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function
of any bodily member or organ, or which causes a fracture of any bodily member.
Subd. 10. "Great Bodily Harm" means bodily injury which creates a high probability of
death, or which caused serious permanent disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or other serious bodily injury.
Subd. 117. "Animal" means any warm blooded mammal, inclusive of, but not limited to
dogs and cats, as well as any reptiles or birds. For purposes of this ordinance, when the specific animal
type is not described, such as dog, the term animal shall apply to all forms of animals as described herein.
For the purposes of this section "Animal" does not include any of the animals defined in Section 940 of
the Hopkins City Code.
Subd. 9. “Potentially dangerous animal” as defined in Minn. State Statute.
Subd.10. “Dangerous animal” as defined in Minn. State Statute.
Subd. 11. “Animal Control Authority” means the Hopkins Police Department.
Subd. 12 “Person” means an individual, firm, partnership or corporation.
Subd. 13. “Premises” means a building, structure, shelter or land where a dog or other
animal is kept or confined.
Subd. 14 “Dwelling Unit” as defined in Hopkins Zoning Code 515.07 subd. 76.
925.03. License required. No person may own, keep, harbor or have custody of a dog over six months of
age without first obtaining a license therefore from the clerk. A dog with a valid license from some other
jurisdiction may be kept in the city temporarily for a period not exceeding three months.
925.04. Rabies Vaccination. All dogs over six months of age must have current rabies vaccination. Dogs
must wear their current vaccination tags at all times.
925.05. Nonresident dog owners. A person who is not a resident of the city may keep an unlicensed
domestic dog in the city for a period of not to exceed 30 days. The dog must be under restraint.
925.07. License expiration. Dog licenses expire on the same date that the rabies vaccination expires.
(Amended Ord 2005-945)
925.09. Applications. Subdivision 1. Annual Licenses. Applications for dog licenses may be made at any
time during the year, and must be made not later than 30 days from the date of the acquisition of a dog,
and (iii) not later than 30 days from the date of the moving of a dog into the city. A separate application
must be made for each dog. The application shall state, among other things, the date that the dog first
arrived in the city, the dog's color, name and breed, the name and address of the dog's owner, current
vaccination number, and such other information as may from time to time be required by the clerk.
(Amended Ord 2005-945)
Subd. 2. Two or Three Year Licenses. Owners whose dog or dogs have received rabies
vaccinations which are effective for more than one year may apply for a two year or three year license,
depending on the type of rabies vaccination. When making application for a multi-year license, the owner
must submit all the information required for an annual license as well as documentation indicating that the
dog has received a rabies vaccination which is effective through the license period. These licenses may
only be issued for dogs that have been spayed or neutered. (Amended Ord 2005-945)
925.11. Fees. Applications for dog licenses must be accompanied by the fee set by city council
resolution.
925.13. License conditions. A dog license may be issued upon a showing by the applicant that the
applicant is prepared to comply with all the rules, regulations and requirements for the humane care of the
owners' dogs and with the provisions of this section and other applicable state and local laws.
925.15. Tags. The clerk shall issue to the owner of a licensed dog a metallic or durable plastic tag
stamped with an identifying number with the year of issuance date of expiration and so designed that it
may be conveniently fastened to the dog's collar or harness. The tag must remain fastened and shall be
worn by the dog at all times. The clerk shall maintain a record of dog licenses.
925.17. Tags, lost or mutilated. In the event that a valid license tag shall be lost or mutilated, the owner
must secure a new tag from the clerk upon the payment of the fee set by city council resolution.
925.19. Tags. If a licensed dog dies and a new dog is secured by the owner, the unexpired license may be
transferred on application of the owner to the new dog by payment to the clerk of the transfer fee set by
city council resolution. A person purchasing or otherwise acquiring any dog properly licensed by the city
during any year may have such valid license and ownership of such dog changed to the name of such
owner upon the payment of the required transfer fee accompanied by a proper application therefor.
925.21. Tags, counterfeit and unlawful attaching. It is unlawful to counterfeit or attempt to counterfeit a
dog license tag, or to take from any dog a tag legally placed upon it by its owner, or to place any
unauthorized tag upon a dog.
925.23. Tags, refunds. Dog license fees are not refundable.
925.24. Maximum Number of Dogs and Cats. No person shall keep, harbor or maintain more than two
dogs or four cats over the age of six months within or upon the property of any individual dwelling unit
within the City of Hopkins. Furthermore the total number of dogs and cats in any individual dwelling unit
shall not exceed four. Animal shelters, veterinary hospitals, and Humane Societies are exempt from this
prohibition.
925.25. Duties and responsibilities of owner. A dog owner must:
a) procure a dog license for each dog in the owner's possession or keeping;
b) fasten or attach the proper current dog license to the dog's collar or harness which shall
be worn at all times by the dog;
c) keep owner's dogs under restraint at all times;
d) at all times exercise proper care and control of the owner's dogs to prevent them from
becoming a public nuisance;
e) provide the dogs with sufficient good and wholesome food and water, proper shelter and
protection from the weather, veterinary care when needed to prevent suffering, and with
humane care and treatment;
f) confine a female dog in heat to the owner's property or any veterinary hospital/clinic
animal shelter, in such a manner that such female dog cannot come into contact with
other dogs, except for intentional breeding purposes;
g) maintain an animal and the area where it is kept so that no odor that offends the senses of
a reasonable person is detected, for more than one day, off the property where the animal
is kept;
h) clean up the feces and other bodily wastes from the animal in a timely and sanitary
manner that prevents health risks and prevents odors that are prohibited under paragraph
(g) above; and
i) when on public property or the private property of another, clean up any feces of the dog
and dispose of such feces in a sanitary manner. The owner of a dog shall not permit such
dog to be on public property or the private property of another without having in the
owner's immediate possession, a device for the removal of feces. (Amended by Ord
2002-880)
925.27. Treatment. No person may (i) beat, cruelly ill-treat, torment, overload, or otherwise abuse a dog,
(ii) cause or permit a dog fight or (iii) abandon a dog.
925.31. Inspection. It is a condition of a dog license issued to an owner of any dog or dogs that humane
society officers and inspectors, including police officersAnimal Control Authority, shall be permitted to
inspect all dogs at the premises where the dogs are kept at any time.
925.33. Revocation of dog license. The clerk may revoke a dog license if the person holding such license
fails to comply with this section or regulations promulgated by the health authorityAnimal Control
Authority or a state or local law governing cruelty to animals or the keeping of animals. A license
revocation is in addition to any penalty against a dog owner arising from a violation of this section. Any
person whose dog license is revoked must, within ten days after receipt of due notice from the city,
humanely dispose of dogs owned, kept or harbored by such person and no part of the license fee shall be
refunded.
925.35. Animal bites. An animal which bites a person shall be quarantined for ten days if ordered by the
health authority or police departmentthe Animal Control Authority. During such quarantine, the animal
shall be securely confined and kept from contact with any other animal. The quarantine may be on the
premises of the owner if approved by the city health authorityAnimal Control Authority. If the health
authority Animal Control Authority requires other confinement, the owner shall place it in a veterinary
hospital an animal shelter at the owner's expense. Animals without current vaccination must be
quarantined at an animal shelter.
925.37. Vicious or Dangerous Animals. Subdivision 1. The Chief of Police or his or her designee is
authorized to order the impoundment and destruction or other disposition of any animal which is a vicious
or dangerous animal as defined in this subsection.
Subd. 2. A vicious animal is an animal which has caused the death of a person, or has committed
great bodily harm as defined under 925.01, Subd. 9 or 10.
Subd. 3. Any animal which has bitten a person causing bodily harm, as defined under Section
925.01, Subd. 8, may be deemed a dangerous animal. The Chief of Police or his designee, after having
been advised of the existence of such an animal, shall proceed in the manner prescribed by this
subsection.
Subd. 4. Notice. The owner of any vicious or dangerous animal shall be notified in
writing as to the dates, times, places, and persons bitten, and shall be given ten days to request a hearing
before the Chief of Police or his designee for a determination as to whether the animal is a vicious or
dangerous animal as defined in this subsection. If the owner does not request a hearing within ten days of
the date of said notice, the Chief of Police or his designee may order the animal taken into custody for
destruction in which case the owner shall immediately make the animal available to be taken into custody.
The notice required by this subdivision shall be sufficient if sent by first class United States Mail to the
address of the animal's owner as listed on the animal's license or, if the animal is unlicensed, to the
address of the owners residence.
Subd. 5. Hearing. If the owner requests a hearing for determination as to the dangerous
nature of the animal, the hearing shall be held before the Chief of Police or his designee at a date not more
than three weeks after demand for said hearing. After considering all evidence, the Chief of Police, or his
designee, shall make a determination as to whether or not the animal is a dangerous or vicious animal and
the Chief of Police or his designee shall make such order as he deems proper. If the Chief of Police or his
designee orders the animal taken into custody for destruction the owner shall immediately make the
animal available to be taken into custody.
Subd. 6 Dangerous or Vicious Animals at Large. A dangerous or vicious animal running
at large shall be apprehended and if the animal bears no identification which reasonably reveals it
ownership, the animal shall be impounded. If the animal is claimed, the Chief of Police or his designee
shall proceed as provided in Subdivision 4, provided that an impounded animal shall not be released to its
owner pending an order under Subdivision 4 or Subdivision 5. If the animal is not claimed it shall be
disposed of according to Section 925.45.
Subd. 71 Additional Requirements. The requirements of this subsection shall be in
addition to those contained elsewhere in this section and in other applicable state and local laws.
925.39 Nuisance Dogs. Subdivision 1. Dogs that are public nuisances. Any dog which exhibits any of
the following behavior is hereby declared to be a public nuisance.
a) any dog which shall, by any noise, unreasonably disturb the peace and quiet of any person in
the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not
limited to, the creation of any noise by any dog which can be heard by any person, including
the Animal Control Officer or a law enforcement officer, from a location outside of the
building or premises where the dog is being kept and which noise occurs repeatedly over at
least a five minute period of time with one minute or less lapse of time between each dog
noise during the five minute period.
b) running at large;
c) any dog which damages plantings or structures or urinates on private property without the
consent of the owner or possessor of the property;
d) any dog that defecates on public property or on private property without the consent of the
owner or possessor of the property unless the person in control of the dog cleans up the feces
and disposes of such in a sanitary manner;
e) any dog that worries, chases, molests, or attacks a domestic animal, or person upon public or
private property, and is not vicious or dangerous as defined under section 925.37. any dog
that, when unprovoked, inflicts bites on a domestic animal on public or private property;
f) any dog that, 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;
g) entering or being present upon public or private property without the permission of the owner
or contrary to city ordinance.
Subd. 2. Enforcement. Any person aggrieved by a dog nuisance may direct a written complaint to
the Hopkins Police DepartmentAnimal Control Authority stating the acts complained of, the name and
address of the owner of the dog, and the name and address of the complainant. Upon receipt of such a
complaint, the police departmentAnimal Control Authority shall notify the person owning or keeping the
dog of the complaint and request a response to the allegation within forty-eight hours. If, after completing
its investigation, the Police DepartmentAnimal Control Authority determines the dog to be nuisance, a
charge may be made against the owner or keeper of the dog. Any person found to have violated the
provisions of this section shall be guilty of a petty misdemeanor.
925.41. Animal Control OfficerAuthority. Subdivision 1. Appointment. The city Animal Control
Authority may appoint such person, persons, or firms as the city may deem necessary and advisable as
Animal Control Officer. Such appointees shall work under the supervision of the Hopkins police
department Animal Control Authority and shall be responsible for the enforcement of this Section.
Subd. 2. Duties. Animal Control Officers are The Animal Control Authority is authorized
to enforce the provisions of this Section and other related ordinances and statutes pertaining to animal
control, including the issuance of citations.
Subd. 3. Unlawful Acts. It shall be unlawful for any unauthorized person to break into an
pound animal shelter, or attempt to do so, or to take or set free any animal taken by the Animal Control
Officer Authority in the enforcement of this Section, or in any way interfere with, hinder, or molest, such
Officer Authority in the discharge of his or her duty under this Section.
925.43. Pound Animal shelter. The manager Animal Control Officer or his designee shall establish an
pound animal shelter by contracting with an animal shelter, pet hospital, or other firm, in which shall be
confined any animals taken up by the Animal Control Officer Authority or other officers of the city. The
pound animal shelter may be within the city limits or within an adjacent city.
925.45 Impounding. Subdivision 1. In addition to any penalties for the violation of this section or any
regulation thereunder, an unlicensed dog or a dog at large may be taken by the police, the Animal Control
Officer, Authority or the Humane Society of Hennepin County and impounded in the designated pound
animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than
five days unless reclaimed by their owners. If by a license tag or other means the owner of any
impounded dog can be identified, the Animal Control Officer, the clerk or deputy shall make a reasonable
attempt to notify the owner by telephone or mail of the impoundment. Dogs not claimed by their owners
within five days of such notice, if such dog is wearing a proper dog license, or within five days after
impoundment if the owner of such dog cannot be identified, shall be humanely disposed of by an agency
delegated so to do by the city.
Subd. 2. The Hopkins Police Department or Animal Control Officer Animal Control Authority
may impound any animal involved in a violation of this Ordinance, or animals that constitute a present or
potential danger to human beings or other animals, at the designated pound animal shelter or other
appropriate boarding facility.
925.47. Impoundment, when not required. If a dog is found at large and its owner can be identified and
located, the dog need not be impounded, but may instead be returned and taken to the owner. In such
case the officer returning the dog may proceed against the owner for violation of this section.
925.49. Reclaiming animals. An owner reclaiming an impounded animal shall pay to the clerk an
impounding fee and shall be responsible for all resulting charges from the designated pound animal
shelter or boarding facility. The reclamation shall not be interpreted as a waiver of any criminal
proceedings against the owner for the violation of this section. Animals may be reclaimed during normal
city business hours. Licensed animals may be reclaimed after city business hours per approval of the
Animal Control Authority. (Amended Ord. 2005-942)
925.51. Penalties. Violation of any of the provisions of this section is a petty misdemeanor and each day
the violation continues is a separate violation. A violation of any provision of section 925 may also be
subject to an administrative citation and civil penalties as set forth in Section 355 of this code. A dog
license issued to a person convicted of a violation of subsection 925.27 is automatically revoked on
conviction and a new dog license may not be issued to that person for a period of one year from the date
of conviction. (Amended Ord. #96-782)
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading: October 21, 2014
Second Reading: November 5, 2014
Date of Publication: November 13, 2014
Date Ordinance Takes Effect: November 13, 2014
By: _____________________________
Eugene J. Maxwell, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_________________________________ _________________
City Attorney Signature Date
REGULATION OF DANGEROUS DOGS
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.
Subd. 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.
1
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.
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;
2
(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:
3
(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.
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.
347.515 MICROCHIP IDENTIFICATION.
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.
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
4
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.
347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS.
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.
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;
5
(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
347.51, 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 in a manner permitted by law, 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 in a manner
permitted by law.
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.
6
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
7
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.
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.
8
347.55 PENALTY.
(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.
347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
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.
9
347.565 APPLICABILITY.
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.
10