10.2. SR 12-02-2019
Request for Action
To Item Number
Mayor and City Council 10.2
Agenda Section Meeting Date Prepared by
General Business December 2, 2019 Tina Allard, City Clerk
Item Description Reviewed by
Repeal and Replace Animal Ordinance Cal Portner, City Administrator
Reviewed by
Ron Nierenhausen, Police Chief
Scott Baumgartner, City Attorney
Zack Carlton, Planning Manager
Action Requested
Provide feedback on animal ordinance amendment.
Background/Discussion
The animal ordinance hasn’t been updated in a while and was in need of a complete review.
Police, planning, administrative staff and the city prosecuting attorney worked together on the update.
Due to the changes it was easier to repeal and replace the entire Chapter 10. Staff will review the
differences at the meeting.
Financial Impact
N/A
Attachments
Current Ordinance
Proposed Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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Chapter 10 - ANIMALS
Footnotes:
--- (1) ---
Cross reference— Health and sanitation, ch. 26; zoning regulations concerning animals, § 30-803.
State Law reference— General authority relative to animals, Minn. Stats. § 412.221, subd. 21; animal
health, Minn. Stats. ch. 35; dogs and cats, Minn. Stats. ch. 347; cruelty to animals, Minn. Stats. § 343.20
et seq.
ARTICLE I. - IN GENERAL
Sec. 10-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means a dog, cat, or other animal which is harbored, fed, or kept by any person.
Animal warden means the chief of police or his authorized representative designated as such by him
to perform the duties prescribed by this chapter.
At large. An animal, except for a cat, is at large when it is off the property of the person owning,
harboring, or keeping the animal, and it is not under restraint. A cat is at large when it is off the property of
the person owning, harboring, or keeping the cat, and the cat does not have a collar on with a current
license attached.
Citation means a notice or complaint issued by the animal warden or a city police officer to the owner
of any animal apprising the owner of one or more violations of this chapter.
Kennel, commercial, means any premises where more than three animals of over six months of age
are boarded, trained, or bred for compensation or are offered for sale, except for an animal hospital, pet
shop or veterinary clinic.
Kennel, private, means any premises where:
(1) More than three dogs or three cats over the age of six months; or
(2) More than ten cats over the age of six months if located on premises of ten acres or more as
long as the cats have been spayed or neutered;
are harbored or kept, except for a commercial kennel.
Owner means any person owning, keeping, harboring, or acting as custodian of a dog, cat, or other
animal.
Person means any individual, firm, partnership, or corporation.
Premises means any building, structure, shelter, vehicle, or land whereon dogs, cats, or other
animals are kept or confined.
Public nuisance animal means any animal which:
(1) If a dog or cat, is repeatedly found at large.
(2) Damages the property of anyone other than its owner.
(3) Causes fouling of the air by odor.
(4) Causes unsanitary conditions of enclosures or surroundings.
(5) By virtue of number of types of animals maintained, is offensive or dangerous to the public
health, safety or welfare.
(6) Excessively makes disturbing noises.
(7) Molests passersby or passing vehicles.
(8) Attacks other domestic animals.
(9) Has been designated by the animal warden to be a public nuisance animal by virtue of being a
menace to the public health, welfare and safety.
Veterinary hospital means a place for the treatment, hospitalization, surgery, care, and boarding of
animals or birds, which place is owned and operated by a licensed veterinarian.
Vicious animal means any animal which constitutes a physical threat to human beings or other
animals by virtue of one or more attacks of such severity as to cause property damage or physical injury,
or any animal of vicious character, habit, or disposition.
(Code 1982, § 502.00; Ord. No. 00-15, § 2, 9-11-2000)
Cross reference— Definitions generally, § 1-2.
Sec. 10-2. - Running at large.
No dog, cat, or other animal shall be allowed by its owner to run at large, and every owner of a dog
shall cause the dog:
(1) To be confined to the owner's property by training, fencing, or leashing, and females in heat
shall be confined in an enclosure and so kept and confined therein during such entire period
and until such dogs shall not attract other dogs on account thereof.
(2) While in any public place such as a school, playground, or park, to be on a leash, chain, or
cord of not more than eight feet in length and in the custody of a person of sufficient age to
adequately control the dog at all times.
(3) While in all other areas such as on a public street or in an automobile, to be in the custody of a
person of sufficient age to adequately control the dog or cat at all times, and to have and keep
the dog under control.
Every person convicted of a violation of this provision shall be punished by a fine of not more than
$100.00.
(Code 1982, § 502.08; Ord. No. 00-15, § 4(502.08), 9-11-2000)
Sec. 10-3. - Wild or vicious animals.
No person shall keep or allow to be kept any place in the city any vicious animal or any animal which
is wild by nature.
(Code 1982, § 502.09)
State Law reference— Dangerous dogs, Minn. Stats. § 347.50 et seq.
Sec. 10-4. - Confinement of animal biting human.
(a) Whenever an owner within the limits of the city shall learn that his animal has bitten a human being,
such person shall immediately confine the animal in a place where it cannot escape or have access
to any human being or other animal. A report of the incident shall immediately be made by the owner
to the city police department. The person bitten, or his parent or guardian, may also notify the city
police department.
(b) Whenever an officer of the police department shall learn that a human being has been bitten by any
animal, the officer shall ascertain the identity of the animal and the person owning, harboring, or
possessing it and shall immediately direct such person to confine such animal as deemed
appropriate by the officer.
(1) Any animal so ordered confined shall be confined as so directed for a period of at least ten
days, kept apart from other animals.
(2) Upon expiration of the ten days, if it is determined the animal does not have a disease which
might have been transmitted by such bite, the animal may then be released.
(Code 1982, § 502.10)
Sec. 10-5. - Control of animals with history of biting.
Every animal that has a history of biting a human or any domestic animal shall be confined by the
owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building
or secure, covered enclosure unless muzzled and on a leash.
(Code 1982, § 502.11)
Sec. 10-6. - Nuisance animals.
No person shall keep, own, harbor, or otherwise possess within the city an animal which is a public
nuisance animal.
(Code 1982, § 502.32)
Cross reference— Nuisances, ch. 46.
Sec. 10-7. - Noisy animals.
It shall be unlawful for any person to own, keep, have in his possession, or harbor any animal which,
by frequent and habitual howling, yelping, barking or otherwise, shall cause serious annoyance or
disturbance to persons or to the neighborhood; provided, however, that the provisions of this section shall
not apply to duly authorized hospitals or clinics established and operating for the treatment of small
animals. No person shall be convicted under the provisions of this section except upon evidence from 50
percent of the adult residents living within 500 feet of the residence of the animal complained of or from
four persons each of a different household, whichever is less, and no warrant shall be issued except after
written notice has been mailed or delivered to the occupant of the premises where such animal is kept or
harbored advising that a complaint has been made about the animal and calling attention to the
provisions of this section.
(Code 1982, § 502.34)
Sec. 10-8. - Abandonment.
It shall be unlawful to abandon any dog, cat, or other animal within the city.
(Code 1982, § 502.14)
Sec. 10-9. - Removal of animal feces.
(a) Any person having the custody or control of any dog or domestic animal shall have the responsibility
for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. It shall
furthermore be the duty of any person having custody or control of any dog or domestic animal on or
about any public place or private property of another to have in such person's possession suitable
equipment for the picking up, removal, and sanitary disposal of animal feces. The provisions of this
subsection shall not apply to a guide dog accompanying a blind person or to a service dog
accompanying a disabled person or to a dog when used in police or rescue activities. Every person
convicted of a violation of this subsection shall be punished by a fine of not more than $100.00.
(b) The provisions of this section shall not apply to the ownership or use of Seeing Eye dogs by blind
persons, dogs used in police activities of the city, such as the canine corps, or tracking dogs used by
or with the permission of the city's police department.
(Ord. No. 00-15, § 3, 9-11-2000)
Secs. 10-10—10-30. - Reserved.
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ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
Footnotes:
--- (2) ---
Cross reference— Administration, ch. 2.
DIVISION 1. - GENERALLY
Sec. 10-31. - Persons responsible for enforcement.
The provisions of this chapter shall be enforced by the animal warden and those officers designated
in this chapter, under the operational supervision of the chief of police pursuant to policies established by
the council. The animal warden may issue citations for violations of this citation.
(Code 1982, § 502.02)
Sec. 10-32. - Right of entry.
The animal warden shall have the right to enter upon any premises at all reasonable times for the
purpose of discharging the duties imposed by this chapter where there is probable cause that a violation
of this chapter has been committed.
(Code 1982, § 502.04)
Secs. 10-33—10-50. - Reserved.
DIVISION 2. - IMPOUNDMENT
Sec. 10-51. - Authorized.
The animal warden or any police officer of the city shall seize and impound any dogs or cats found in
the city without the tag provided for by this chapter, or animals running at large in violation of section 10-
2. To enforce this chapter, the animal warden or police officer may enter upon any private premises in
pursuit of an animal running at large. It shall be unlawful for any person to interfere with the animal
warden or a police officer engaged in taking an animal under this section for impoundment or to refuse to
surrender an animal to the animal warden or a police officer for confinement.
(Code 1982, § 502.24)
Sec. 10-52. - Diseased or dangerous animals.
(a) Any animal displaying symptoms of being rabid may be seized at any place or time and shall be
confined in the city pound, or other appropriate place designated for such purpose by the council
from time to time, at the expense of the owner, until found to be free from rabies.
(b) If any animal appears to be diseased, vicious, dangerous, or rabid, or has been exposed to rabies,
and such animal cannot be taken up and impounded without serious risk, such animal may be killed
if reasonably necessary for the safety of any person.
(Code 1982, § 502.28)
Sec. 10-53. - Redemption of impounded animals; disposition of unredeemed animals.
(a) The city, upon the impounding of any animal, may condition redemption of the animal from
impoundment upon payment of the required impounding fee as duly set by the council from time to
time, plus the cost of boarding for each day the animal has been confined in the pound, together with
the payment for a current license for the animal if no current license has been issued. The pound
keeper shall issue a receipt in triplicate pursuant to the requirements of this section, the original of
which shall be given to the person paying the impoundment fee established by resolution, the
duplicate to be furnished to the city administrator, and the triplicate to be retained by the pound
keeper.
(b) If, at the end of five regular business days after such impounding, as defined by Minn. Stats. §
346.47, the animal has not been redeemed, it may be sold at private sale or the keeper of the pound
may dispose of the animal in a humane manner as permitted by law.
(Code 1982, § 502.30; Ord. No. 13-16, 10-21-2013)
Secs. 10-54—10-80. - Reserved.
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ARTICLE III. - DOGS AND CATS
Footnotes:
--- (3) ---
State Law reference— Dogs and cats, Minn. Stats. ch. 347.
Sec. 10-81. - Confinement of female dogs in heat.
It is unlawful for the owner of any female dog in season to allow such dog to be off such owner's
premises.
(Code 1982, § 502.12)
Sec. 10-82. - License.
(a) Required; term. No person shall own, harbor, or keep a dog or cat over six months of age within the
city unless a current license for such dog or cat has been obtained.
(b) Animals owned by nonresidents. Dogs and cats over six months of age owned or kept by
nonresidents of the city are not permitted to remain in the city longer than ten days without complying
with the terms of this section.
(c) Application; fee; receipt. It shall be required of each person owning, keeping, or harboring a dog or
cat to pay a license fee to the city administrator as imposed by this section, except as provided in
section 10-83. The license fee for any dog or cat shall be as established by resolution. Each
application for such license shall include a statement, signed by the person applying for the license,
which certifies that the dog or cat has been inoculated for rabies not more than 24 months preceding
the date of application. Upon receipt of the license fee and the signed application, the city
administrator shall execute the receipt in triplicate, the original of which shall be given to the person
who pays the fee. The duplicate shall be given to the police department and the third copy shall be
retained in the records of the city administrator. This receipt shall describe the dog or cat as to color,
breed, age, sex and weight. Any owner shall produce for inspection the license receipt upon the
request of the animal warden or a police officer.
(d) Unlawful use of receipt, tag or inoculation certificate. It shall be unlawful for any person to use for
any dog or cat a license receipt, license tag, or rabies inoculation certificate issued to another
person, dog or cat.
(e) Tags. The city administrator shall procure a sufficient number of metallic tags for delivery of one
such tag to the person paying the license fee. It shall be the responsibility of the owner of the dog or
cat for which the tag was obtained to permanently attach the tag to the collar of the dog or cat in
such manner that the tag may be readily seen. The tag is not transferable to any other dog or cat or
to a new owner of the dog or cat. If a tag is lost or stolen, the owner may obtain a new tag by
surrendering the license receipt for the first tag and by paying an additional fee as duly set by the
council from time to time.
(Code 1982, §§ 502.16, 502.18, 502.20, 502.22; Ord. No. 15-04, § 1, 2-2-2015)
State Law reference— County dog licenses, Minn. Stats. § 347.08 et seq.
Sec. 10-83. - Kennel permit.
(a) Required . No person shall own, harbor, or keep upon his premises more than three dogs or cats
over the age of six months unless in a commercial or private kennel duly permitted under this
section. If the premises are ten acres or more, the person may own, keep, or harbor up to ten cats
over the age of six months as long as they have been spayed and neutered and documentation as to
that fact is provided.
(b) Issuance . No person shall operate a commercial or private kennel in the city without first obtaining
a permit. Application for such permit shall be made to the office of the city clerk and shall be
accompanied by the permit fee. Such a permit shall be issued by the office of the city clerk upon a
showing of compliance with all laws and ordinances.
(c) Term and renewal; fee . Commercial and private kennel permits shall expire on December 31 of the
year issued. Licenses must be renewed annually.
Application for renewal shall be made at least 60 days before the expiration and shall be in the form and
manner required for the original license.
Upon timely submission of an application for renewal, the office of the city clerk shall renew each license
meeting the requirements for the issuance of the original license no later than 30 days before the
expiration. Late applications shall be acted upon within 30 days of the application date.
The kennel permit fees shall be as established by ordinance and paid at the time of application.
(d) Maintenance of premises; inspections; revocation of permit . Commercial and private kennels shall
be kept in a clean and healthful condition at all times and shall be open for inspection by duly
authorized city authorities at any reasonable time. A commercial or private kennel permit may be
revoked by the council as outlined in section 38-35 by reason of the violation of this chapter or any
health or nuisance order, law, or regulation.
(Code 1982, § 502.36; Ord. No. 17-12, § 1, 6-19-2017)
State Law reference— State animal dealer license, Minn. Stats. § 347.34 et seq.
Sec. 10-84. - Standards for kennels.
(a) Private and commercial kennel facilities shall be structurally sound and maintained in good repair.
Indoor housing facilities should be adequately ventilated and have ample light and heat, either
natural or artificial.
(b) Animals kept outside shall be provided with access to shelter to protect them from the sun, rain, and
snow, together with adequate bedding when the temperature falls below 50 degrees Fahrenheit.
(c) If animals are confined by chains, such chains shall be so attached that they cannot become
entangled with the chains of other animals or any other objects. Chains shall be of a size commonly
used for the size of animals involved and shall be attached to the animal by means of a well-fitted
collar. Such chain shall be at least three times the length of the animal as measured from the tip of
its nose to the base of its tail.
(d) Enclosures shall be of sufficient size to allow each animal to turn around fully and stand, sit, and lie
in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent
injury to the animal's legs and feet.
(e) The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees
Fahrenheit for animals not accustomed to lower temperatures.
(f) Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards.
(g) Adequate storage and refrigeration shall be provided to protect food supplies against contamination
and deterioration.
(Code 1982, § 502.38)
Sec. 10-85. - Right to hearing.
If a license is denied by the office of the city clerk, the city clerk shall notify the applicant of the
determination in writing, including the facts and specific section or sections of this article upon which this
determination was made, and their right to a hearing before the city council. The city clerk shall follow the
hearing procedures outlined in article II of chapter 38 regarding business licenses and business permits.
(Ord. No. 17-12, § 2, 6-1-2017)
Secs. 10-86—10-89. - Reserved.
ARTICLE IV. - DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Sec. 10-90. - Adoption by reference.
Except as otherwise provided in this section, the regulatory and procedural provisions of Minn. Stats.
§§ 347.50 to 347.565 (commonly referred to as the "dangerous dog regulations"), are adopted by
reference.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-91. - Definitions.
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;
(4) 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. 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.
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.
Unprovoked means the condition in which the dog is not purposely excited, stimulated, agitated or
disturbed.
(Ord. No. 09-08, § 1, 8-17-2009; Ord. No. 18-14, § 1, 10-15-2018)
Sec. 10-92. - Declaration of dangerous or potentially dangerous dog.
(a) A police officer, community service officer, or animal control officer may declare a dog to be
"dangerous" or "potentially dangerous" when the officer has probable cause to believe that a dog is
dangerous or potentially dangerous as defined in this article or in Minn. Stats. §§ 347.50 to 347.565.
The following factors will be considered in determining a dangerous or potentially dangerous dog:
(1) Whether any injury or damage to a person by the dog was caused while the dog was protecting
or defending a person or the dog's offspring within the immediate vicinity of the dog from an
unjustified attack or assault.
(2) The size and strength of the dog, including jaw strength, and the animal's propensity to bite
humans or other domestic animals.
(3) Whether the dog has wounds, scarring, is observed in a fight, or has other indications that the
dog has been or will be used, trained or encouraged to fight with another animal or whose
owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such
dogs to fight with other animals.
(b) Beginning six months after a dog is declared "dangerous" or "potentially dangerous," an owner may
request annually that the city 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 or other factors. If enough evidence is provided, the city may rescind the designation.
(c) Exceptions.
(1) The provisions of this section do not apply to dogs used by law enforcement.
(2) Dogs may not be declared "dangerous" or "potentially dangerous" if the threat, injury, or danger
was sustained by a person who was:
a. Committing a willful trespass or other tort upon the premises occupied by the owner of the
dog;
b. 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
c. Committing or attempting to commit a crime.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-93. - License required.
No person may own a dangerous dog or a potentially dangerous dog in the city unless the dog is
licensed as provided in this section. The owner must annually license dangerous and potentially
dangerous dogs with the city and must license a newly declared "dangerous" or "potentially dangerous
dog" within 14 days after notice that a dog has been declared "dangerous" or "potentially dangerous."
Regardless of any appeal that may be requested, the owner must comply with the requirements of Minn.
Stats. § 347.52(a) and (c) regarding proper enclosures and notification to the city upon transfer or death
of the dog, until and unless a hearing officer or court of law reverses the declaration.
(1) Process for dangerous dogs. The city will issue a license to the owner of a dangerous dog if
the owner presents sufficient evidence that:
a. There is a proper enclosure;
b. Written proof that there is a surety bond by a surety company authorized to conduct
business in Minnesota in the sum of at least $500,000.00, payable to any person injured by
a dangerous dog, or receipt of a copy of a policy of liability insurance issued by an
insurance company authorized to do business in Minnesota in the amount of at least
$500,000.00, insuring the owner for any personal injuries inflicted by the dangerous dog.
Such surety bond or insurance policy shall provide that no cancellation of the bond or
policy will be made unless the city is notified in writing by the surety company or the
insurance company at least ten days prior to such cancellation;
c. The owner has paid the annual license fee;
d. The owner has had a microchip identification implanted in the dangerous dog. The name of
the microchip manufacturer and identification number of the microchip must he provided to
the city. If the microchip is not implanted by the owner, it may be implanted by the city at
the owner's expense;
e. The owner provides proof that the dog has been sterilized. If the owner does not sterilize
the dog within 30 days, the city shall seize the dog and sterilize it at the owner's expense. If
the owner has requested a hearing pursuant to section 10-99, the sterilization need not be
performed until the hearing officer has reached a decision; and
f. The remaining requirements of this article and this section, including the inspection and
posting of the warning symbol, have been met.
(2) Process for potentially dangerous dogs. The city will issue a license to the owner of a
potentially dangerous dog if the owner presents sufficient evidence that:
a. There is a proper enclosure or other secured area which has been inspected and approved
by the city;
b. The owner has paid the annual license fee;
c. The owner has had a microchip identification implanted in the potentially dangerous dog.
The name of the microchip manufacturer and identification number of the microchip must
be provided to the city. If the microchip is not implanted by the owner, it may be implanted
by the city at the owner's expense; and
d. The remaining requirements of this article and this section, except subsections (4) and (5),
have been met.
(3) Inspection. A pre-license inspection of the premises to insure compliance with the city code is
required. If the city issues a license to the owner of a dangerous or potentially dangerous dog,
the city shall be allowed at any reasonable time to inspect the dog, the proper enclosure and all
places where the animal is kept.
(4) Warning symbol. The owner of a dangerous dog licensed under this section must post a sign
with the uniform dangerous dog warning symbol on the property in order to inform children that
there is a dangerous dog on the property. The sign will be provided by the city upon issuance of
the license.
(5) Tags. A dangerous dog licensed under this section must wear a standardized, easily
identifiable tag at all times that contains the uniform dangerous dog symbol, identifying the dog
as dangerous. The tag shall be provided by the city upon issuance of the license.
(6) License fee. The city will charge the owner an annual license fee for a dangerous or potentially
dangerous dog. The license fee shall be established by the city council and shall be in addition
to the registration dog license fees.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-94. - Properly restrained in proper enclosure or outside of proper enclosure.
(a) Dangerous dog. While on the owner's property, the owner of a dangerous dog must keep it in a
proper enclosure. Inside a residential home, there must be a secured area maintained where the dog
will stay when persons other than family members are present. If the dog is outside the proper
enclosure, the dog must be muzzled and restrained by a substantial chain or leash no longer than
four feet and under the physical restraint of an adult. 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) Potentially dangerous dog. While on the owner's property, the owner of a potentially dangerous dog
must keep it inside a building which the dog cannot exit of its own volition, or within a fenced or other
secured area inspected and approved by the city which the dog cannot exit of its own volition. If the
dog is off the owner's property, the dog must be muzzled and restrained by a substantial chain or
leash no longer than four feet and under the physical restraint of an adult. 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.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-95. - Notification requirements to city.
(a) Relocation or death. The owner of a dog that has been declared dangerous or potentially dangerous
must notify the city clerk in writing if the dog is to be relocated from its current address or if the dog
has died. The notification must be given in writing within 30 days of the relocation or death. The
notification must include the current owner's name and address, and the new owner's name and the
relocation address. If the relocation address is outside of the city, the city may notify the local law
enforcement agency of the transfer of the dog into its jurisdiction.
(b) Renter's obligations. A person who owns or possesses a dangerous or potentially dangerous dog
and who will rent 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 periods that the
person owns or possesses a dangerous or potentially dangerous dog that will reside at the property.
A dog owner, who is currently renting property, must notify the property owner within 14 days of city
notification if the owned dog is newly declared as "dangerous" or "potentially dangerous" and the
owner keeps the dog on the property.
(c) Transfer of ownership into the city. No dog that has been previously determined to be dangerous or
potentially dangerous by another jurisdiction shall be kept, owned or harbored in the city unless the
dog's owner complies with the requirements of this section prior to bringing the dog into the city.
Dogs in violation of this subsection are subject to impoundment and destruction.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-96. - Seizure.
Animal control may immediately seize any dangerous or potentially dangerous dog if:
(1) After 14 days after the owner has notice that the dog is declared "dangerous" or "potentially
dangerous," the dog is not validly licensed and no appeal has been filed;
(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 or such required insurance is
cancelled;
(3) A proper enclosure, if required, has not been provided;
(4) The dog is not under proper restraint, as required by section 10-94;
(5) After 30 days after the owner has notice that the dog is dangerous, the dog is not sterilized, as
required by section 10-93(1)e.; or
(6) The dog's microchip has been removed.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-97. - Reclamation.
A dog seized under section 10-96 may be reclaimed by the owner of the dog upon payment of
maintenance costs, and presenting proof to animal control that the requirements of this section have been
met. A dog not reclaimed under this section within seven days may be disposed of and the owner will be
liable to the city for maintenance costs. A person claiming an interest in a seized dog may prevent
disposition of the dog by posting a security in an amount sufficient to provide for the dog's maintenance
costs. The security must be posted with the city within seven days of the seizure inclusive of the date
seized.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-98. - Subsequent offenses; seizure.
If a person has been convicted of violating a provision of this section, and the person is charged with
a subsequent violation relating to the same dog, the dog must be seized. If the owner is convicted of the
crime for which the dog was seized, the court may order that the dog be destroyed in a proper and
humane manner and the owner pay the maintenance costs. 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, used for research, or destroyed.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-99. - Notice, hearings.
(a) Notice. After a dog has been declared "dangerous" or "potentially dangerous" or has been seized
for destruction, the city shall give notice 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 shall include:
(1) A description of the seized dog; the authority for and purpose of the declaration and seizure;
the time, place, and circumstances under which the dog was declared; 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 declaration and
that failure to do so within 14 days of the date of the notice will terminate the owner's right to a
hearing;
(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 Minn. Stats. § 347.52, paragraphs (a) and (e)
regarding proper enclosures and notification to the city upon transfer or death of the dog, 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 Minn. Stats.
§§ 347.51, 347.515, and 347.52;
(5) A form to request a hearing; and
(6) A statement that if the dog has been seized, all maintenance costs of the care, keeping, and
disposition of the dog pending the outcome of the hearing are the responsibility of the owner,
unless a court or hearing officer finds that the seizure or impoundment was not substantially
justified by law.
(b) Right to hearing.
(1) After a dog has been declared "dangerous," "potentially dangerous" or has been seized for
destruction, the owner may appeal in writing to the city within 14 days after notice of the
declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the
owner's right to a hearing. The owner must pay a $100.00 fee for an appeal hearing.
(2) The appeal hearing will be held within 14 days of the request. The hearing officer must be an
impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(3) Pending the hearing, the dog may be seized and kept by the animal control authority unless the
owner shows proof that the dog is properly licensed and has met the requirements for rabies
vaccinations; keeps the dog in a proper enclosure unless restrained on a leash with a muzzle
and otherwise demonstrates to the animal control authority that the dog under its present
circumstances does not present an unreasonable risk of harm to persons or other domestic
animals.
(4) The records of the animal control authority, any police reports relating to an attack or bite,
medical records and all reliable hearsay shall be admissible for consideration by the hearing
officer without further foundation.
(5) The animal control authority may be represented by the City of Elk River Prosecutor's Office.
The owner may be represented by private legal counsel, although the owner does not have the
right to an attorney at public expense.
(6) At the hearing, both the owner and the animal control authority may present the testimony of
live witnesses; cross-examine witnesses, and present documentary evidence.
(7) The burden of proof shall be upon the animal control authority. The standard of proof shall be
clear and convincing evidence if the authority seeks to destroy the dog; in other cases it shall be
by a preponderance of the evidence.
(8) After considering all evidence pertaining to the dog, the hearing officer shall make such order
as they deem proper, including ordering the animal control authority to take the dog into custody
if the dog is not currently in custody.
(9) Any person who fails or refuses to release the dog to the animal control authority or law
enforcement agent upon demand, or after it has been found by a hearing officer to be
dangerous and ordered into custody, shall be guilty of a misdemeanor.
(10) Authority to order destruction: The hearing officer, upon finding that a dog is dangerous
hereunder, is authorized to order, as part of the disposition of the case, that the dog be
destroyed based on a written order containing findings of fact establishing that each of the
following criteria are present:
a. The dog is dangerous, as demonstrated by a vicious attack, an unprovoked attack, an
attack without warning, or multiple attacks;
b. The owner of the dog has demonstrated an inability or unwillingness to sufficiently control
the dog in order to prevent the injury to persons or other animals;
c. The owner cannot, will not, does not, or otherwise refuses to provide proof of the liability
insurance or surety bond as required in subsection 10-93(1)b.
(11) If the declaration or destruction is upheld by the hearing officer, actual expenses of the
hearing up to a maximum of $1,000.00, as well as all maintenance costs, will be the
responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within
ten days after the hearing. The decision shall be delivered to the dog's owner by hand delivery
or registered mail as soon as practical and a copy shall be provided to the city. The decision of
the hearing officer is final.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-100. - Destruction of certain dogs.
The police chief and/or hearing officer are authorized to order the destruction or other disposition of
any dog, after proper notice is given pursuant to section 10-99 and upon a finding that:
(1) The dog has habitually destroyed property or habitually trespassed in a damaging manner on
property of persons other than the owner;
(2) The dog has been declared "dangerous", the owner's right to appeal hereunder has been
exhausted or expired, and the owner has failed to comply with the provisions of this section;
(3) It is determined that the dog is infected with rabies;
(4) The dog inflicted substantial or great bodily harm on a human on public or private property
without provocation;
(5) The dog inflicted multiple bites on a human on public or private property without provocation;
(6) The dog bit multiple human victims on public or private property in the same attack without
provocation;
(7) The dog bit a human on public or private property without provocation in an attack where more
than one dog participated in the attack; or
(8) The dog poses a danger to the public's health, safety or welfare. In determining whether the
dog poses a danger to the public's health, safety or welfare, the following factors may be
considered:
a. The dog weighs more than 20 pounds;
b. The strength of the dog, including jaw strength;
c. The dog's tolerance for pain;
d. The dog's tendency to refuse to terminate an attack;
e. The dog's propensity to bite humans or other domestic animals;
f. The dog's potential for unpredictable behavior;
g. The dog's aggressiveness;
h. The likelihood that a bite by the dog will result in serious injury.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-101. - Concealing of dogs.
No person may harbor, hide or conceal a dog that the city has the authority to seize or that has been
ordered into custody for destruction or other proper disposition.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-102. - Dog ownership prohibited.
(a) Except as provided below, a person shall not own a dog if the person has been:
(1) Convicted of a third or subsequent violation of sections 10-93, 10-94 or 10-95, or Minn. Stats.
§§ 347.51, 347.515 or 347.52;
(2) Convicted of second degree manslaughter due to negligent or intentional use of a dog under
Minn. Stats. § 609.205(4); or
(3) Convicted of gross misdemeanor harm caused by a dog under Minn. Stats. § 609.226, subd. 1.
(b) Any person who owns a dangerous or potentially dangerous dog and is found to be in violation of
any of the provisions of this section or had owned a dangerous or potentially dangerous dog but
never achieved compliance with this section may be prohibited from ownership or custody of another
dog for a period of five years after the original declaration. Any dog found to be in violation shall be
impounded until due process is completed, pursuant to section 10-99.
(c) If any member of a household is prohibited from owning a dog by subsection (a) or (b), unless
specifically approved with or without restrictions by the city, no person in the household is permitted
to own a dog.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-103. - Dog ownership prohibition review.
Beginning three years after a conviction under subsection 10-102(a) that prohibits a person from
owning a dog, and annually thereafter, the person may request in writing to the police chief that the city
review the prohibition. The city 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 city deems appropriate. The city
may rescind the prohibition entirely or rescind it with limitations. The city 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 city 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 city may permanently prohibit the person
from owning a dog in this state.
(Ord. No. 09-08, § 1, 8-17-2009)
Sec. 10-104. - Penalties.
(a) Unless stated otherwise, any person who violates a provision of this article is guilty of a
misdemeanor.
(b) Any person who is convicted of a second or subsequent violation of any provision of sections 10-93,
10-94 or 10-95 is guilty of a gross misdemeanor.
(c) Any person who violates section 10-102, whether an owner or household member, is guilty of a
gross misdemeanor.
(Ord. No. 09-08, § 1, 8-17-2009)
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Ordinance 19 - ____
An Ordinance Repealing and Replacing Chapter 10, Relating to Animal
Regulations, 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.
Chapter 10, Animals is hereby repealed and replaced with the following.
ARTICLE 1. - IN GENERAL
10.1. - Purpose
The purpose of this ordinance is to establish regulations for the control of animals to protect the
public health, safety, and welfare, and to allow for uniform enforcement of such regulations.
10.2. - Definitions
For the purposes of this Chapter, the following terms and definitions apply:
Animal means any mammal, reptile, amphibian, fish, bird, or other member commonly accepted as
part of the animal kingdom. Animals shall be classified as follows:
Animals, agricultural means animals which are used for the production of food or other
products. Agricultural animals shall include cattle, swine, bees, sheep, goats, chickens,
turkeys, horses, and other animals commonly accepted as farm animals in the state.
Animals, dangerous means a mammal, bird, or large or poisonous reptile with a propensity to
be dangerous to the safety and welfare of any person, property or other domestic animal.
Examples of such dangerous animals include but are not limited to bears, lions, wolves,
coyotes, cougars, tigers, panthers, apes, alligators, crocodiles, large snakes (greater than 6
feet), and poisonous snakes, badgers, and ocelots, excluding dogs, cats, other traditional
house pets and livestock. Dangerous animals shall also include any animal that has attacked
or bitten any person when the attack or bite was unprovoked. Animals which are cross-bred
with dangerous animals shall also be considered dangerous animals.
Animals, domestic means a tame, non-agricultural, animal that is subject to the dominion and
control of an owner and accustomed to living in or near human habitation without requiring
extraordinary restraint or unreasonably disturbing such human habitation. Unless otherwise
defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs,
domesticated rabbits, fish, non-poisonous, non-venomous, and non-constricting reptiles or
amphibians, and other similar animals.
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Animals, nontraditional or exotic means animals which are not normally considered to be
domesticated but are not dangerous animals as defined in this section.
Animal Control Officer means any individual designated by the Chief of Police to enforce the
provisions of this Chapter.
Animal Shelter means any premises designated by the city for the purpose of impounding and caring
for animals held under the authority of this Chapter. The facility may be owned by the city or may
be a contracted shelter service.
Kennel, Commercial means any place where a person accepts dogs from the general public and where
such animals are kept for the purpose of selling, boarding, breeding, training, grooming, dog-sitting,
except a veterinary clinic.
Kennel, Private means where more than three dogs are kept for private enjoyment and not for
monetary gain, provided such animals are owned by the property owner or the lessee of the
premises on which they are kept.
Owner means any person, firm, corporation, organization, or department possessing, harboring,
keeping, having an interest in, or having care, custody, or control of an animal.
10.3. – Dangerous, Nontraditional, and Exotic Animals Prohibited.
No person shall keep, harbor, or maintain care custody, or control, over any dangerous,
nontraditional, and exotic animals within the city limits. An exception shall be made to this
prohibition for animals specifically trained for and actually providing assistance to the handicapped
or disabled, and for those animals brought into the city as part of an operating zoo, veterinarian
clinic, scientific research laboratory, or a licensed show or exhibition.
10.4 – Agricultural Animals
Agricultural animals shall only be kept in agricultural districts within the city or other districts as
allowed in the city zoning ordinance and pursuant to restrictions set forth in the zoning ordinance.
An exception shall be made to this section for those farm animals brought into the city as part of an
operating zoo, veterinarian clinic, scientific research laboratory, or licensed show or exhibition.
10.5 – Nuisance Animals
(a) It shall be the obligation and responsibility of the owner of any animal in the city, whether
permanently or temporarily therein, to prevent such animal from committing any act which
constitutes a nuisance. Failure on the part of the owner to prevent his/her animal from
committing an act of nuisance shall be subject to the penalty herein provided.
(1) Noisy Animals: It shall be unlawful for any person to keep or harbor an animal which
habitually barks or cries. Habitual noise shall be defined as barking or crying for repeated
intervals of at least five (5) minutes with less than one minute of interruption. Such barking
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or crying must also be audible off of the owner's premises. Repeated barking or crying due
to intentional provocation by an unrelated individual residing off the property of the owner
is not considered habitual for purposes of this subsection, nor is barking or crying related to
a periodic external stimulus such as a nondomestic animal, machinery or unusual activity
within the vicinity of the premises.
(2) Excrement: The owner of any animal shall be responsible for cleaning up any feces of the
animal and disposing of such feces. Feces on the property of others or on public property
must be cleaned up immediately. Feces on your own property must be cleaned up at least
two times per week.
(3) Running at large: Any domestic or agricultural animal shall not be permitted by the owner to
run at large within the city. For purposes of this section the term “at large” means any
animal not restrained by chain or leash not exceeding eight feet, except:
a. Police dogs;
b. Animals restrained in a vehicle, fenced-in area, or building;
c. Animals on the premises of the owner and under the control and direction of the owner
so as to be effectively restrained by command as by leash.
d. Animals accompanied by the owner and under the control and direction of the owner so
as to be effectively restrained by command as by leash.
e. Off-Leash Dog Park.
(4) Destruction of property: It is a nuisance for an animal to molest, defile, or destroy any
property, public or private.
(5) Vicious Animals: It is a nuisance for an animal to bite, attack, or endanger the safety of
humans or domestic animals.
(6) Diseased or dangerous animal:
a. Any animal displaying symptoms of being rabid may be seized and shall be confined by
the animal shelter at the expense of the owner, until found to be free from rabies.
b. If any animal appears to be diseased, vicious, dangerous, or rabid, or has been exposed
to rabies, and such animal can’t be taken up and impounded without serious risk, such
animal may be disposed of if reasonably necessary for the safety of any person.
(7) Non-domesticated animal nuisances: The city does not manage wildlife. Wildlife removal is
handled by the Minnesota Department of Natural Resources or a private pest removal
company.
(b) Disposition of Seized Animal. Any animal seized under the provisions of Section 10.5 shall be
taken to the animal control shelter and kept there to be reclaimed by the owner. The owner shall
pay all fees related to impounding. An animal shelter shall maintain records in accordance with
Minnesota Statute Chapter 346.47, subd. 2.
(c) Violations. No animal shall be permitted to be a nuisance. Any owner who keeps, harbors, or is
in physical control of an animal that is a nuisance shall be in violation of this article.
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10.6– Impounding
(a) Generally.
(1) The Animal Control Officer shall take up and impound any animals which are in violation of
any of the provisions of this Chapter. Animals shall be impounded in an animal shelter and
confined in a humane manner. Impounded animals shall be kept for not less than five (5)
regular business days of the animal shelter, unless reclaimed by their owners.
(2) If an animal is found at large and the owner can be identified and located, such animal need
not be impounded but may, instead, be taken to the owner. In such cases, however,
proceedings may be taken against the owner for violation of this Chapter.
(3) The Animal Control Officer may enter upon any public or private premises by warrant or as
otherwise provided by law when such officer is in reasonable pursuit of his or her duties.
(4) Upon receiving any animal as provided in this Chapter, the animal shelter personnel who
receive animals shall check for identification on each animal, identify the owner by the
identification whenever possible, and promptly notify the owner of the location of the
animal by the most expedient means. The animal shelter and police department shall
maintain a record of animals so impounded per Minnesota Statute 346.47.
(b) Claiming an Impounded Animal.
(1) The owner of the impounded animal shall pay the animal shelter all fees related to
impoundment.
(2) If a rabies vaccination is required and the owner cannot produce proof the animal has had a
current rabies vaccination, the animal shelter shall ensure that such dog or other animal is
vaccinated for rabies as a condition of release to the owner, the animal's owner shall pay to
the animal shelter the cost of the immunization.
(3) The owner of the impounded animal shall be liable for and pay the animal shelter the cost of
feed and care for each day the animal is impounded in the animal shelter.
(c) Unclaimed Impounded Animals.
Any impounded animal not claimed within 5 regular business days of the animal shelter shall
become the property of the animal shelter and they may let any person claim the animal, release the
animal to an animal shelter, or cause the animal to be disposed of in a manner permitted by law. The
licensed owner shall be liable to the animal shelter for costs incurred in confining and disposing of
the animal.
Secs. 10-7-10-30 Reserved.
Article II. – Dog Kennels
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10.31 – Determination of Dog Kennel.
(a) The keeping of more than three dogs on the same premises, whether owned by the same
person or not and for whatever purpose kept, shall constitute a “kennel;” except that a fresh
litter of pups born of the dog(s) allowed on the premises may be kept for a period of six
months before such keeping shall be deemed to be a kennel. No person may operate a
kennel without first obtaining a permit from the city.
(b) Nuisance Declared: Because the keeping of more than three dogs on the same premises is
subject to great abuse, causing discomfort to people in the area by way of smell, noise,
hazard, and general aesthetic depreciation, the keeping of more than three dogs on the
premises without obtaining a kennel license pursuant to applicable ordinances and the city
zoning ordinance is hereby declared to be a nuisance, and no person shall keep or maintain a
dog kennel within the city without proper city authorization.
(c) Kennel Permit
(1) Issuance; No person shall operate a kennel in the city without first obtaining a permit.
Application for such permit shall be made to the office of the city clerk and shall be
accompanied by the permit fee. Such a permit shall be issued by the office of the city clerk
upon a showing of compliance with all laws and ordinances.
(2) Term and renewal; fee. Kennel permits shall expire on December 31 of the year issued.
Licenses must be renewed annually. Application for renewal shall be made at least 60 days
before the expiration and shall be in the form and manner required for the original license.
The kennel permit fees shall be as established by ordinance and paid at the time of
application.
(3) Upon timely submission of an application for renewal, the office of the city clerk shall renew
each license meeting the requirements for the issuance of the original license no later than 30
days before the expiration. Late applications shall be acted upon within 30 days of the
application date.
(4) Maintenance of premises; inspections; revocation of permit. Commercial and private kennels
shall be kept in a clean and healthful condition at all times and shall be open for inspection
by the animal control officer at any reasonable time. A commercial or private kennel permit
may be revoked by the council as outlined in section 38-35 by reason of the violation of this
chapter or any health or nuisance order, law, or regulation. Commercial and private kennels
must meet the minimum standards set forth per the Minnesota Pet and Companion Welfare
Act, Minnesota Statute Chapter 346.35 – 346.44.
(5) Right to hearing. If a license is denied by the office of the city clerk, the city clerk shall
notify the applicant of the determination in writing, including the facts and specific section
or sections of this article upon which this determination was made, and their right to a
hearing before the city council. The city clerk shall follow the hearing procedures outlined in
article II of chapter 38 regarding business licenses and business permits.
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10.32 – Inoculation against rabies.
All dogs and cats kept, harbored, maintained, or transported within the city shall have current
vaccinations given by a licensed veterinarian for rabies. The owner shall possess proof of such
inoculation and period of effectiveness.
10.33 – Animals in motor vehicles
(a) Unattended animals. A person may not leave an animal unattended in a standing or parked
motor vehicle in a manner that endangers the animal’s health or safety.
(b) Removal of animals. A peace officer, as defined in MN Statute §§ 626.84, a humane agent, a
dog warden, or a volunteer or professional member of a fire or rescue department of a
political subdivision may use reasonable force to enter a motor vehicle and remove an
animal which has been left in the vehicle in violation of Section 10.33 (a). A person
removing an animal under this section shall use reasonable means to contact the owner of
the animal to arrange for its return home. If the person is unable to contact the owner, the
person may take the animal to an animal shelter.
(c) Petty misdemeanor. A person who violates Section 10.33 (a) is subject to a fine of $25.
10.34 – Dangerous dogs
Except as otherwise provided in this section, the regulation and procedural provisions of Minnesota
Statutes §§ 347.50 to 347.565 are adopted by reference as if it was fully set forth herein.
10.35 – Designation of dangerous dogs.
(a) The Chief of Police or a designee may declare an animal a “dangerous dog” as defined in
Minnesota Statutes §§ 347.50, subd. 2. The Chief of Police or designee shall notify the
animal’s owner in writing of the designation and provide information to the owner
pertaining to the regulation of dangerous dogs. The owner of a “dangerous dog” must
comply with all provisions of Minnesota Statutes §§ 347.50 through 347.56.
(b) Potentially dangerous dogs shall be regulated as defined in Minnesota Statutes §§ 347.50 to
347.565 the same as if they were dangerous dogs. Notwithstanding the provisions of
Minnesota Statutes §§ 347.50 to 347.565, the following exceptions shall apply:
(1) The dog is not required to be sterilized; and
(2) A surety bond or policy of liability insurance is not required; and
(3) Warning signage and dangerous dog tag are not required.
(c) No person shall take a dog that has been declared dangerous or potentially dangerous into
the city’s dog parks or trails unless the dog is muzzled and restrained by a substantial chain
or leash, and is under the physical restraint of a responsible person.
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10.36 – Violations; Penalty
Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by state law.
SECTION 2.
This Ordinance shall be in full force and effect from and after its passage and publication.
Passed and adopted by the City Council of the City of Elk River this 2nd day of December, 2019.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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