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HomeMy WebLinkAbout7A - Dangerous Dog Ordinance MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 18, 2006 7A FRANK BOYLES, CITY MANAGER BILL O'ROURKE, CHIEF OF POLICE PRESENTATION OF CITY OF PRIOR LAKE DANGEROUS DOG ORDINANCE Introduction The purpose of this report is to provide information about the Prior Lake Dangerous Dog Ordinance, especially as it compares with that of Savage and Burnsville. Historv Earlier this year a Prior Lake resident attended a forum expressing concern about what she perceived as a dangerous dog kept next to her home. She shared some newspaper articles and summarized the city codes of Savage and Burnsville. Since it was not clear whether she was aware of the Prior Lake dangerous dog ordinance, I mailed her a copy. The City Council directed that a report be prepared comparing the Prior Lake ordinance with the Savage and Bumsville ordinances. Current Circumstances As with many municipal matters, Minnesota statutes largely dictate the provisions of animal control ordinances. Therefore it should not be surprising that the Prior Lake, Savage, and Bumsville ordinances are very similar. Police Chief O'Rourke and I have compared the Prior Lake Animal Control ordinance to both the Savage and Burnsville ordinances, as they relate to potentially dangerous and dangerous dogs. All three ordinances, consistent with state statutes, define potentially dangerous and dangerous dogs the same. Each ordinance also outlines the protective measures that must be taken if a dog is declared to be potentially dangerous or dangerous. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER A potentially dangerous dog is any dog that: (l)when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chase or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or (3) has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. A dangerous dog is one that has (I) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Once a dog is declared dangerous state statutes specifies registration and other requirements that must be met by an owner to keep such an animal. Even though they may appear in somewhat different language and order in the three ordinances, each contains what is mandated by statute. Specifically, Minnesota Statute 347.51 requires that the dog must be registered and that the animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (I) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on property; (2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog; (3) the owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) the owner has had microchip identification implanted in the dangerous dog as required under section 347.515 of Minnesota Statutes. Minnesota Statute 347.52 orders the following additional requirement for any dog declared dangerous: (a) An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a reasonable person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (b) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in it new jurisdiction. (c) An owner of a dangerous dog must notify the animal control authority in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dogs death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. (d) An animal control authority may require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the animal control authority may have the animal sterilized at the owner's expense. (e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. (f) A person who sells a dangerous dog must notify the purchaser that the animal control authority has identified the dog a dangerous. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address and telephone number. As stated above, these requirements are mandated by state statute and are contained in the ordinances of Prior Lake, Savage, and Burnsville. The only area where they differ from one another in that by ordinance Savage requires a mInImum of $300,000 of public liability insurance where as both Prior Lake and Bumsville have the state minimum of $50,000 in their respective ordinances. Minnesota Statute 347.52 allows any statutory or home rule charter city, or any county, to regulate potentially dangerous dogs by applying any or all of the restrictions set forth on dangerous dogs. Prior Lake, Savage, and Burnsville have all done so and prescribe many of the above restriction on dangerous dogs to potentially dangerous dogs. When dealing with a potentially dangerous dog, the Prior Lake ordinance affords the Police Department flexibility in requiring all or only the portion of the safeguards deemed best suited to a particular dog on a case by case basis. Conclusion We believe the Prior Lake ordinance is equivalent to, and in some areas better than those of surrounding communities. ISSUES: This report demonstrates that Prior Lake's ordinance is equivalent to that of other municipalities. The Council should identify if there are any areas it desires the staff to modify. ALTERNATIVES: 1. None, as this report is informational only. Comparison of Dangerous Dog Ordinance Prior . .. Sa, auc Burnsyillc Potentially Dangero1ls Muzzled, leashed, physical restraint Licensed and date of rabies vaccine Microchip implantation Proper enclosure outdoors Proper confinement indoors Post Premises Notice of relocation Dangerous Public liability insurance/surety bond Dangerous animal tag Registered in Police Department Muzzled, leashed, physical restraint Licensed and date of rabies vaccine Microchip implantation Proper enclosure outdoors Proper confinement indoors Post premises Notice of relocation Notice to landlords December 18, 2006 ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./