HomeMy WebLinkAbout2010-10 06-14 CCO CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June, 2010, at 7:00
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 Dangerous Dog Requirements; Amending City
Code Sections 1 -250 to 1 -300.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 612 -569 -3300 to make arrangements.
ORDINANCE NO. 2010 -10
AN ORDINANCE RELATING TO DANGEROUS DOG REQUIREMENTS;
AMENDING CITY CODE SECTIONS 1 -250 TO 1 -300
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 1 -250 of the Brooklyn Center City Code is amended 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
or domestic animal on public or private property;
b. killed a demestie — animal 4 u4 pr-eveeatie off the ey'%
b. E 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
c. 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, has inflict s a bites on a human being or domestic
animal on public or private property;
ORDINANCE NO. 2010 -10
b. when unprovoked, has chas or approached& 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;
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. has been determined to be a potentially dangerous dog by the City er 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 orch patio, or an art of a house garage, or other
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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.
7. Animal control officer. Animal control officer means an individual who has
been designated for animal control operations within the jurisdiction of the City.
8. City Manager. City Manager means the City Manager or the City Manager's
designee.
9. Provocation. Provocation means an act that an adult could reasonably expect
may cause a dog to attack or bite.
ORDINANCE NO. 2010 -10
Section 2. Section 1 -255 of the Brooklyn Center City Code is amended as follows:
Section 1 -255 DECLARATION OF DANGEROUS OR POTENTIALLY
DANGEROUS DOGS.
1. Adoption by Reference. Except as otherwise provided in Sections 1 -250 to 1-
300, the regulatory and procedural provisions of Minnesota Statutes, sections
347.50 to 347.565 are adopted by reference.
2. Declaration by Police or Animal Control. A police officer, community service
officer or animal control officer may declare a dog to be dangerous or
potentially dangerous.
3. Exceptions.
a. The provisions of Sections 1 -250 to 1 -300 do not apply to dogs used by
law enforcement officials for police work.
b. Dos may not be declared dangerous or potentially dangerous if the
threat, injury or danger was sustained by a person who was: i) committing a
willful trespass or other tort upon the premises occupied by the owner of the
dog; ii) provoking, tormenting, abusing or assaulting the dog, or who can be
shown to have a history_ of repeatedly provoking, tormenting, abusing, or
assaulting the dog; or, iii) committing or attempting to commit a crime.
4. 4-. Notice to Owner. If the animal eentrel offie °r deter Ines after- an estig do
that a dog is declared potentially dangerous or dangerous according to the
criteria in Section 1 -250 (1) or (2), the animal control officer will give notice, by
delivering or mailing it to the owner of the dog, serve a notice of intent on
ov ier e f 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
(5)(a) and the result of the failure to contest the designation as described in
Section 1- 255(5)(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.
5.2-. 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
(4), the owner may request that a hearing be conducted to determine
whether or not such a designation is justified. Such request must be made
ORDINANCE NO. 2010 -10
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.
6. 3 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
will must inform the owner of its decision in writing and must state the reasons
for its decision.
7. 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 Sections 1 -265 to 1 -270 this O .,. nee or
immediately cause the dog to be humanely destroyed or removed front the City
limits.
8. -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 3. Section 1 -260 of the Brooklyn Center City Code is amended as follows:
Section 1 -260 REVIEW OF DECLARATION. Beginning six months after notice is
given of intent to declare a dog is deelar-ed a to be potentially dangerous or dangerous dog, an
owner may request annually that the Animal Control Review Panel Anima Gei4r-el Offieef
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 Panel Anima' Gent-Fol Offieer finds
sufficient evidence that the dog's behavior has changed, it may rescind the potentially
dangerous or dangerous designation. may be reset de .
ORDINANCE NO. 2010 -10
Section 4. Section 1 -265 of the Brooklyn Center City Code is amended as follows:
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 $300,000, 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 $300,000, 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. § 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. 2010 -10
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Section 5. Section 1 -270 of the Brooklyn Center City Code is amended as follows:
Section 1 -270 POTENTIALLY DANGEROUS AND DANGEROUS DOGS;
ADDITIONAL REQUIREMENTS.
1. Enclosure and Prober Restraint 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 City Manager Animal rep *r ^1 Officer in writing of the death of the dog
or its transfer, and must, if requested by the City Manager Anima' re., +,
Offiee , 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 shall require a potentially dangerous or
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 officer shall have
the animal sterilized at the owner's expense. The owner may contest and appeal
a decision by the ^ aim°' Gei4rel O fieer requiring a dog to be sterilized in
ORDINANCE NO. 2010 -10
accordance with the procedures set forth in Section 1 -255 (5)(a).
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. A dog owner, who is currently ig property must
notify the property owner within 14 days of City notification if the dog is newly
declared as dangerous or potentially dangerous and the owner keeps the dog on
the propertL.
6. Sale. A person who sells a potentially dangerous or dangerous dog must notify
the purchaser that the Anima4 Centro! Offleer- has identified the dog has been
declared as potentially dangerous or dangerous. The seller must also notify the
City Manager Animal a GepAr-el Offieer with the new owner's name, address, and
telephone number.
Section 6. Section 1 -275 of the Brooklyn Center City Code is amended as follows:
Section 1 -275 SEIZURE.
1. Immediate Seizure.
a. The animal control officer or any police officer or community service
officer may immediately seize any potentially dangerous or dangerous
dog if:
a: (D withi after 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 and no appeal has been filed
1} Q in the case of a dangerous dog, min 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 1-
265 (2) (b);
M the dog is not maintained in the proper enclosure;
the dog is outside the proper enclosure and not under physical
restraint of responsible person as required under Section 1- 270.1 or
e (5� after the owner has been notified that the dog is potentially
dangerous or dangerous, the dog bites or attacks a person or domestic
animal or
ORDINANCE NO. 2010 -10
(6) the dog is not sterilized within 30 days pursuant to Section 1-
270.4.
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 manner, and that the owner pay the costs incurred in
confiscating, confining, and destroying the dog.
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 must
may seize the dog. If the owner is convicted of the crime for which the dog was
seized, the City court shall order that the dog be destroyed 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.
4. Disposition of Seized Dogs.
a. Right to a Hearing. The owner of any seized dog has the right
hearing by the Animal Control Review Panel. The notice and hearing
requirements in Section 1 -255 will apply to a hearing requested under this
section. Any hearing requested under this section will be held within 14
days of the request. In the event that the seizure is upheld by the Panel,
actual expenses of the hearing up to a maximum of $1,000 will be the
responsibility of the dog owner. The Panel will issue a decision within
ten days after the hearing. The decision will be hand - delivered to the
dog's owner or delivered via registered mail as soon as practical and a
copy will be provided to the animal control officer and City Manager.
b. 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
ORDINANCE NO. 2010 -10
be posted within seven days of the seizure inclusive of the date of seizure.
Section 7. Chapter 1 of the Brooklyn Center City Code is amended by adding the following
new Section 1 -276:
Section 1 -276. RESTRICTIONS ON DOG OWNERSHIP.
1. Dog ownership prohibited. Except as provided in paragraph 3 of this Section, no
person may own a do if f the person has been:
a. convicted of a third or subsequent violation of Sections 1 -265 or 1 -270 or
Minnesota Statutes, section 347.515;
b. convicted of 2 nd degree manslaughter due to negligent or intentional use
of a dog under a violation under Minnesota Statutes, section 609.205,
clause 4;
C. convicted of a gross misdemeanor harm caused by a dog under Minnesota
Statutes, section 609.226, subdivision 1;
d. been convicted of a violation under Minnesota Statutes, section 609.226,
subdivision 2;
e. had a dog ordered destroyed under Section 1 -280 and been convicted of
one or more violations of Section 1 -265 1 -270 Minnesota Statutes
sections 347.515 or 609.226, subd. 2.
2. Household members. If any member of a household is prohibited from owning a
dog under paragraph 1, unless specifically approved with or without restrictions
by the City, no person in the household is permitted to own a dog.
3, Dog ownership prohibition review. Beginning three after a conviction
under Section 1 -276(1 ) that prohibits a person from owning _a dog, and annually
thereafter, the person may request in writing to the City Manager that the Animal
Control Review Panel review the prohibition. The Panel 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 Panel deems appropriate. The Panel
may rescind the prohibition entirely or rescind it with limitations. The Panel also
may establish conditions a person must meet before the prohibition is rescinded,
including, but not limited to, successfully completing dog training or r dog
handling courses. If the Panel rescinds a person's prohibition and the person
subsequently fails to comply with any limitations imposed by the City or the
person is convicted of any animal violation involving unprovoked bites or dog
attacks, the Panel may, permanently, prohibit the person from owning a do in n this
state.
ORDINANCE NO.
2010 - 10
Section 8. Section 1 -280 of the Brooklyn Center City Code is amended as follows:
Section 1 -280 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
1. Circumstances. Notwithstanding Sections 1 -265 to 1 -27 -56, ^ dog that infliet°
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w ithout u� Nr p ro p e r - °
Animal e Off e Th e dog may of b -destroyed upA the dog owner has
had the ep peAunity for —a - h e a ring a appeal as- Z`-ceseF i Section 1 255,
s
except a autho ized • nd Seel:°„ ' 1 a dog may be ordered destroyed in a
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roper and humane manner by the animal control officer if the dog_
a. inflicted substantial or great bodily harm on a human being wn public or
private property without provocation;
b. inflicted multiple bites on a human being on public or private property
without provocation;
C. bit multiple human victims on public or private property in the same
attack without provocation;
d. bit a human on public or private property without provocation in an attack
where more than one dog_ participated in the attack; or
2. Hearing. The animal control officer may not destroy the dog until the doh
has had the opportunity for a hearing before the Animal Control Review Panel.
Section 9. Section 1 -300 of the Brooklyn Center City Code is amended as follows:
Section 1 -300 PENALTY.
1. Any person violating the provisions of Sections 1 -265 or 1 -275, this °rain°
or - any nd tions of ° Beers°, shall, upon conviction thereof, be guilty of a
misdemeanor and shall be subject to penalties specified for misdemeanors in
Minnesota Statutes, section 609.03, as amended from time to time. a fine -mot
more than $1,000 or to impr for a period not to exeeed 90 days, or both
togeth .:th th eests of p r - es e e uti on . Each day that a violation exists shall
constitute a separate offense.
2. It is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a potentially dangerous or
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
ORDINANCE NO. 2010 -10
to disclose ownership of a dangerous do tg_ o a property owner from whom the
person rents property.
erty.
3. A person who is convicted of a second or subsequent violation of paragraphs (1)
or (2) is guilty of a gross misdemeanor.
4. An owner who violates Minnesota Statutes. section 347.542 or Section 1 -276 of
this Code is guilty of a gross misdemeanor.
5. Any household member who knowingly violates Minnesota Statutes, section
347.542, subdivision 2, or Section 1 -276 of this Code is guilty of a gross
misdemeanor.
Section 10. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this 14 day of June , 2010.
-
i
Mayor
ATTEST:
�5j" V- ��
City Clerk
Date of Publication: June 24, 2010
Effective Date: July 24, 2010