4.4. SR 10-15-2018
Request for Action
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
Consent October 15, 2018 Ron Nierenhausen, Chief of Police
Item Description Reviewed by
Dangerous and Potentially Dangerous Dogs City Cal Portner, City Administrator
Ordinance definition changes.
Reviewed by
Action Requested
Adopt, by motion, an ordinance amending the definitions with the Dangerous and Potentially Dangerous
Dogs.
Background/Discussion
On September 17, 2018, Chief Nierenhausen presented the Council the merits of changing the language
of the definitions pertaining to fencing in the Dangerous and Potentially Dangerous Dogs City
Ordinance.
Changes were made to match the definitions in the state statute.
Financial Impact
N/A
Attachments
Ordinance
The Elk River Vision
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Ordinance 18 - ____
An Ordinance Amending Chapter, 10-91, Definitions of the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 10-91, Definitions of the City of Elk River Code of Ordinances shall be amended to read as
follows:
Definitions in this section shall have the following meanings:
Dangerous dog means a dog that:
(1) Has when unprovoked, inflicted substantial bodily harm on a human being on public or
private property;
(2) Has killed a domestic animal when unprovoked while off the owner's property;
(3) Has attacked one or more persons on two or more occasions;
(4) Has been found to be potentially dangerous and after the owner has notice of the
same, the dog aggressively bites, attacks, or endangers the safety of humans or
domestic animals; or
(5) Has previously been declared a "dangerous dog" pursuant to Minn. Stats. §§ 347.50 to
347.565 by the animal control authority of another jurisdiction.
Dog means both the male and female of the canine species, commonly accepted as domesticated
household pets.
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.
Impartial hearing officer means an impartial employee with the City of Elk River or an impartial
person or persons retained by the City of Elk River to conduct a hearing to determine the status of a
declaration or a seized dog.
Maintenance costs means any costs incurred as a result of seizing an animal for impoundment,
including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining,
feeding, destroying, boarding or maintaining seized animals, whether these services are provided by the
city or the pound.
Owner means any person or persons, firm, corporation, organization, department, or association owning,
possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog.
Potentially dangerous dog means a dog that:
(1) Has when unprovoked, inflicted a bite on a human or domestic animal on public or
private property;
(2) Has when unprovoked, chased or approached a person, including a person on a bicycle,
upon the streets, sidewalks or any public or private property, other than the owner's
property, in an apparent attitude of attack;
(3) Has a known propensity, tendency or disposition to attack unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals;
Has previously been declared a "potentially dangerous dog" pursuant to Minn. Stats. §§
347.50 to 347.565 by the animal control authority of another jurisdiction.
Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or
structure suitable to prevent the dog from escaping and to provide protection for the dog from the
elements. 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 barriers which prevent the dog from exiting.
The enclosure shall not allow the egress of the dog in any manner without human assistance. A pen or
kennel shall meet the following minimum specifications:The enclosure shall contain a self-closing and self-
locking gate, which shall be locked at all times when the dog is in the enclosure.
(1) A minimum overall floor size of 32 square feet.
(2) Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge
or heavier wire. Openings in the wire shall not exceed two inches. Support post shall
be one and one-fourth inch or larger steel pipe buried in the ground 18 inches or
more. When a concrete floor is not provided, the sidewalls shall be buried a
minimum of 18 inches in the ground.
(3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed
of the same gauge wire or heavier as the sidewalls and openings in the wire shall not
exceed two inches.
(4) An entrance/exit gate shall be provided and be constructed of the same material as the
sidewalls and openings in the wire shall not exceed two inches. The gate shall be self-
closing and self-locking. The gate shall be locked at all times when the dog is in the pen or
kennel.
Provocation means an act that an adult could reasonable expect may cause a dog to bite or attack.
Substantial bodily harm means bodily injury that involves a temporary but substantial
disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily
member or organ or that causes a fracture of any bodily member.
(4) Unprovoked means the condition in which the dog is not purposely excited, stimulated,
agitated or disturbed.
(Ord. No. 09-08, § 1, 8-17-2009)
Strikethroughs to be removed
Underlines to be added
Passed and adopted by the City Council of the City of Elk River this 15th day of October, 2018.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated March 2014