Lake Lillian, Minnesota

§ 91.11 DANGEROUS ANIMALS.

(A) Attack by an animal. It shall be unlawful for any person*s animal to inflict or attempt to

inflict bodily injury to any person or other animal whether or not the owner is present. This section

shall not apply to an attack by a dog under the control of an on-duty law enforcement officer or to

an attack upon an uninvited intruder who has entered the owner*s home with criminal intent.

(B) Destruction of dangerous animal. The Animal Control Officer shall have the authority to

order the destruction of dangerous animals in accordance with the terms established by this

chapter.

(C) Definitions. For the purpose of this division, the following definitions shall apply unless

the context clearly indicates or requires a different meaning.

(1) DANGEROUS ANIMAL. An animal which has:

(a) Caused bodily injury or disfigurement to any person on public or private property;

(b) Engaged in any attack on any person under circumstances which would indicate

danger to personal safety;

(c) Exhibited unusually aggressive behavior, such as an attack on another animal;

(d) Bitten one or more persons on two or more occasions; or

(e) Been found to be potentially dangerous and/or the owner has personal knowledge of

the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic

animals.

(2) POTENTIALLY DANGEROUS ANIMAL. An animal which has:

(a)    Bitten a human or a domestic animal on public or private property;

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(b) When unprovoked, chased or approached a person upon the streets, sidewalks, or

any public property in an apparent attitude of attack; or

(c) Has engaged in unprovoked attacks causing injury or otherwise threatening the

safety of humans or domestic animals.

(3) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or

structure suitable to prevent the animal from escaping and to provide protection for the animal

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 animal 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 animal from exiting. The enclosure shall not allow the egress of the animal in

any manner without human assistance. A pen or kennel shall meet the following minimum

specifications:

(a) Have a minimum overall floor size of 32 square feet.

(b) 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 posts shall be 1¼-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.

(c) 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 shall also have no openings in

the wire greater than two inches.

(d) An entrance/exit gate shall be provided and be constructed of the same material as

the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall

be equipped with a device capable of being locked and shall be locked at all times when the

animal is in the pen or kennel.

(4) UNPROVOKED. The condition in which the animal is not purposely excited,

stimulated, agitated or disturbed.

(D) Designation as potentially dangerous animal. The Animal Control Officer shall

designate any animal as a potentially dangerous animal upon receiving evidence that the potentially

dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person

or a domestic animal as stated in division (C)(2). When an animal is declared potentially

dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal

to be notified in writing that the animal is potentially dangerous.

(E) Evidence justifying designation. The Animal Control Officer shall have the authority to

designate any animal as a dangerous animal upon receiving evidence of the following:

(1) That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a

person or domestic animal as stated in division (C)(1).

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(2) That the animal has been declared potentially dangerous and the animal has then bitten,

attacked, or threatened the safety of a person or domestic animal as stated in division (C)(1).

(F) Authority to order destruction. The Animal Control Officer, upon finding that an animal is

dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal

be destroyed based on a written order containing one or more of the following findings of fact:

(1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an

attack without warning or multiple attacks; or

(2) The owner of the animal has demonstrated an inability or unwillingness to control the

animal in order to prevent injury to persons or other animals.

(G) Procedure. The Animal Control Officer, after having determined that an animal is

dangerous, may proceed in the following manner: The Animal Control Officer shall cause one

owner of the animal to be notified in writing or in person that the animal is dangerous and may

order the animal seized or make orders as deemed proper. This owner shall be notified as to dates,

times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a

hearing before the City Council for a review of this determination.

(1) If no appeal is filed, the orders issued will stand or the Animal Control Officer may

order the animal destroyed.

(2) If an owner requests a hearing for determination as to the dangerous nature of the

animal, the hearing shall be held before the City Council, which shall set a date for hearing not

more than three weeks after demand for the hearing. The records of the Animal Control or City

Clerk*s office shall be admissible for consideration by the Animal Control Officer without further

foundation. After considering all evidence pertaining to the temperament of the animal, the City

Council shall make an order as it deems proper. The City Council may order that the Animal

Control Officer take the animal into custody for destruction, if the animal is not currently in

custody. If the animal is ordered into custody for destruction, the owner shall immediately make

the animal available to the Animal Control Officer.

(3) No person shall harbor an animal after it has been found by to be dangerous and

ordered into custody for destruction.

(H) Stopping an attack. If any police officer or Animal Control Officer is witness to an attack

by an animal upon a person or another animal, the officer may take whatever means the officer

deems appropriate to bring the attack to an end and prevent further injury to the victim.

(I) Notification of new address. The owner of an animal which has been identified as

dangerous or potentially dangerous shall notify the Animal Control Officer in writing if the animal

is to be relocated from its current address or given or sold to another person. The notification shall

be given in writing at least 14 days prior to the relocation or transfer of

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ownership. The notification shall include the current owner*s name and address, the relocation

address, and the name of the new owner, if any. Penalty, see § 91.99

§ 91.12 DANGEROUS ANIMAL REQUIREMENTS.

(A) Requirements. If the City Council does not order the destruction of an animal that has

been declared dangerous, the City Council may, as an alternative, order any or all of the following:

(1) That the owner provide and maintain a proper enclosure for the dangerous animal as

specified in § 91.11(C)(3);

(2) Post the front and the rear of the premises with clearly visible warning signs, including

a warning symbol to inform children, that there is a dangerous animal on the property as specified

in M.S. § 347.51 as may be amended from time to time;

(3) Provide and show proof annually of public liability insurance in the minimum amount

of $300,000;

(4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and

restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical

restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog

from biting any person or animal, but will not cause injury to the dog or interfere with its vision or

respiration;

(5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying

the dog as dangerous affixed to its collar at all times as specified in M .S. § 347.51 as it may be

amended from time to time;

(6) All animals deemed dangerous by the Animal Control Officer shall be registered with

the county in which this city is located within 14 days after the date the animal was so deemed and

provide satisfactory proof thereof to the Animal Control Officer.

(7) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If

the animal is a cat or ferret, it must be up to date with rabies vaccination.

(B) Seizure. The Animal Control Officer shall immediately seize any dangerous animal if the

owner does not meet each of the above requirements within 14 days after the date notice is sent to

the owner that the animal is dangerous. Seizure may be appealed to district court by serving a

summons and petition upon the city and filing it with the district court.

(C) Reclaiming animals. A dangerous animal seized under § 91.12(B), may be reclaimed by

the owner of the animal upon payment of impounding and boarding fees and presenting proof to

animal control that each of the requirements under § 91.12(B), is fulfilled. An animal not

reclaimed under this section within 14 days may be disposed of as provided under § 91.11(F), and

the owner is liable to the city for costs incurred in confining and impounding the animal.

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(D) Subsequent offenses. If an owner of an animal has subsequently violated the provisions

under § 91.11 with the same animal, the animal must be seized by animal control. The owner may

request a hearing as defined in § 91.11(F). If the owner is found to have violated the provisions for

which the animal was seized, the Animal Control Officer shall order the animal destroyed in a

proper and humane manner and the owner shall pay the costs of confining the animal. If the person

is found not to have violated the provisions for which the animal was seized, the owner may

reclaim the animal under the provisions of § 91.12(C). If the animal is not yet reclaimed by the

owner within 14 days after the date the owner is notified that the animal may be reclaimed, the

animal may be disposed of as provided under § 91.11(F) and the owner is liable to the animal

control for the costs incurred in confining, impounding and disposing of the animal.

§ 91.13 BASIC CARE.

All animals shall receive from their owners or keepers kind treatment, housing in the winter,

and sufficient food and water for their comfort. Any person not treating their pet in a humane

manner will be subject to the penalties provided in this section.

§ 91.14 BREEDING MORATORIUM.

Every female dog or female cat in heat shall be confined in a building or other enclosure in a

manner that it cannot come in contact with another dog or cat except for planned breeding. Upon

capture and failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to

being transferred to a new owner.

§ 91.15 ENFORCING OFFICER.

The Council is hereby authorized to appoint an animal control officer(s) to enforce the

provisions of this section. In the officer*s duty of enforcing the provisions of this section, he or she

may from time to time, with the consent of the City Council, designate assistants.

§ 91.16 POUND.

Every year the Council shall designate an official pound to which animals found in violation of

this chapter shall be taken for safe treatment, and if necessary, for destruction.

§ 91.17 INTERFERENCE WITH OFFICERS.

No person shall in any manner molest, hinder, or interfere with any person authorized by the

City Council to capture dogs, cats or other animals and convey them to the pound while engaged in

that operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or

take or attempt to take from any agent any animal taken up by him or her in compliance with this

chapter, or in any other manner to interfere with or hinder the officer in the discharge of his or her

duties under this chapter. Penalty, see § 91.99

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§ 91.99 PENALTY.

(A) Separate offenses. Each day a violation of this chapter is committed or permitted to

continue shall constitute a separate offense and shall be punishable under this section.

(B) Misdemeanor. Unless otherwise provided, violation of this chapter shall constitute a

misdemeanor punishable as provided in § 10.99.

(C) Petty misdemeanor. Violations of § 91.02, 91.07, 91.13 and 91.14 are petty

misdemeanors punishable as provided in § 10.99.