Loading...
HomeMy WebLinkAbout2004-12 06-14 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of June 2004, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Relating to the Regulation of Dangerous Dogs and Potentially Dangerous Dogs in the City; Amending Chapter 1 of the Brooklyn Center City Code. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2004-12 AN ORDINANCE RELATING TO THE REGULATION OF DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS IN THE CITY; AMENDING CHAPTER 1 OF THE BROOKLYN CENTER CITY CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Chapter 1 is amended by adding new Sections 1 -250 through 1 -280 as follows: Section 1 -250. DEFINITIONS. For the purposes of Sections 1 -250 through 1 -280, the terms defined in this Section shall have the meaning given them. Terms not defined in this Section shall have the meaning given them in Section 1 -101 of this Code. 1. Dangerous dog. 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 bites, attacks, or endangers the safety of humans or domestic animals; or d. been determined to be a dangerous dog by the City or any other governmental jurisdiction. 2. Potentially dangerous dog. Potentially dangerous dog means any dog that: a. when unprovoked, inflicts bites on a human or domestic animal on public or private property; when unprovoked chases or a roaches a erson includin a erson 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; ORDINANCE NO. 2004-12 c. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals or d. been determined to be a potentially dangerous dog by the City or any other governmental jurisdiction. 3. 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. 4. 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. 5. Great bodily harm. Great bodily harm means bodily injury which creates a high probability of death, or which causes 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 harm. 6. Substantial bodily harm. Substantial bodily harm means bodily injury which invokes 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. Section 1 -255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 1. Notice to Owner. If the animal control officer determines after an investigation that a dog is potentially dangerous or dangerous according to the criteria in Section 1 -250 (1) or (2), the animal control officer will serve a notice of intent on the owner of the dog to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in Section 1 -255 (2) (a) and the result of the failure to contest the designation as described in Section 1 -255 (2)(b). Upon receipt of notice of intent, the dog_owner must comply with the requirements of Section 1 -270.1 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. ORDINANCE NO. 2004 -12 2. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1 -255 (1), the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. b. If the owner fails to contest the notice of intent within 14 days, the owner forfeits the right to a hearing and the declaration of the dog as potentially dangerous or dangerous is final. The City Manager will then issue a declaration to the owner and the owner must comply with all applicable requirements of this Section or cause the dog to be humanely destroyed or removed from the City limits 3. Hearing Procedure. Within ten days after receiving the owner's request for a hearing, the City Manager will notify the dog owner of the hearing date. The hearing will be scheduled within forty -five days. The hearing will be conducted by the Animal Control Review Panel, which will consist of three members, as appointed by the Mayor. The owner may call witnesses and present evidence on his or her behalf. A simple majority of the members of the Panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The Panel must inform the owner of its decision in writing and must state the reasons for its decision. 4. Effect of Findings. If the Panel finds that there is a sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of this Ordinance or immediately cause the dog to be humanely destroyed or removed from the City limits 5. Appeal. If the owner of the dog disputes the decision of the Panel, the owner may appeal the decision of the Panel to the City Council. An appeal to the City Council must be in writing and submitted to the City Manager within 14 days of the Panel's decision. The owner may appeal the decision of the City Council in accordance with procedures under state law. Section 1 -260. REVIEW OF DECLARATION. Beginning six months after a dog is declared a potentially dangerous or dangerous dog, an owner may request annually that the Animal Control Officer 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 Officer find's sufficient evidence that the dog's behavior has changed, the potentially dangerous or dangerous designation may be rescinded. ORDINANCE NO. 2004-12 Section 1 -265. REGISTRATION. 1. Requirement. No person may own a potentially dangerous or dangerous dog in the City unless the dog is registered as provided in this Section. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: a. a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Officer, that there is a potentially dangerous or dangerous dog on the property; b. in the case of a dangerous dog only, a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog; c. the owner has paid the annual registration fee as provided for in this Section; and d. the owner has had microchip identification implanted in the dangerous dog or potentially dangerous dog as required under Minn. Stat. i$ 347.515. 3. Warning Sign. If the City issues a certificate of registration to the owner of a potentially dangerous dog or dangerous dog under Section 1 -265 (2), the City will 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 City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. 4. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. 5. Tag. A potentially dangerous or dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as potentially dangerous or dangerous. This tag must be affixed to the dog's collar and worn by the dog at all times. ORDINANCE NO. 2004-12 6. Exemption. Dogs may_ not be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by a person: a. who was committing at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; b. 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 c. who was committing or attempting to commit a crime. 7. Law Enforcement Exemption. The provisions of this Section do not apply to dogs used by law enforcement officials for police work. Section 1 -270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS; ADDITIONAL REQUIREMENTS. 1. Enclosure. An owner of a potentially dangerous or 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. 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. 2. Registration Renewal. An owner of a potentially dangerous or 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 potentially dangerous or dangerous dog in its new jurisdiction. 3. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the Animal Control Officer in writing of the death of the dog or its transfer., and must, if requested by the Animal Control Officer, 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. 4. Sterilization. The Animal Control Officer may require a potentially dangerous or dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the Animal Control Officer may have the animal sterilized at the owner's expense. The owner may contest and appeal a decision by the Animal Control Officer requiring a dog to be sterilized in accordance with the procedures set forth in Section 1 -255. ORDINANCE NO. 2004-12 5. Rental Property. A person who owns a potentially dangerous or 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 potentially dangerous or dangerous dog that will reside at the property. 6. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser that the Animal Control Officer has identified the dog as potentially dangerous or dangerous. The seller must also notify the Animal Control Officer with the new owner's name, address, and telephone number. Section 1 -275. SEIZURE. 1. Immediate Seizure. The Animal Control Officer or any police officer may immediately seize any potentially dangerous or dangerous dog if: a. within 14 days after the owner has notice that the dog is potentially dangerous or dangerous, the dog is not registered as required under Section 1 -265: b. in the case of a dangerous dog, within 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 1 -265 (2) (b); c. the dog is not maintained in the proper enclosure; d. the dog is outside the proper enclosure and not under physical restraint of responsible person; or e. after the owner has been notified that the dog is potentially dangerous or dangerous, the dog bites or attacks a person or domestic animal. 2. Reclaimed. A potentially dangerous or dangerous dog seized under Section 1 -275 (1) may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Officer that the requirements of Section 1 -265 and Section 1 -270 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. §35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 1 -265 or 1 -270, and the person is charged with a subsequent violation relating to the same dog, the Animal Control Officer may seize the dog. If the owner is convicted of the crime for which the dog was ORDINANCE NO. 2004-12 Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14 day of June, 2004. ATTEST: seized, the City may destroy the dog in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the City of a fee for the care and boarding of the dog. If 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 as provided under Minn. Stat. 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confining, impounding and disposing of the dog. Section 1 -280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. Notwithstanding Section 1 -265 to 1 -275, a dog that inflicts substantial or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the Animal Control Officer. The dog may not be destroyed until the dog owner has had the opportunity for a hearing and appeal as described in Section 1 -255, except as authorized under Section 1 -115. Date of Publication: June 24, 2004 Effective Date: July 24, 2004 (Brackets indicate matter to be deleted, underline indicates new matter.)