§ 66.20. General authority and procedure.

(a) MACC is authorized to deem any animal as a dangerous animal or a potentially dangerous animal pursuant to the requirements of this Code or pursuant to Minn. Statute Chapter 347 . The owner or custodian of the animal must immediately comply with any lawfully imposed confinement requirements, even if appealing the declaration.

(b)

No off leash park permit as defined may be issued for any animal that has been declared potentially dangerous or dangerous under this Code or pursuant to state statute.

(c)

For the purposes of this chapter, a person is peaceably and lawfully upon the private property of an owner or custodian when he or she is on the property in the performance of any duty imposed upon him or her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on the property upon express or implied invitation.

(d)

Where MACC makes a declaration under this chapter, it shall notify the owner in writing within five (5) days of said declaration. The notification shall include a copy of ordinance or statute, the report (including supplemental reports, if any), and a statement of the declaration.

(e)

MACC shall consider the following factors in determining a dangerous or potentially dangerous animal declaration:

(1)

Whether any injury or damage to a person or domestic animal by the accused animal was caused or contributed to by the actions of that person, including acts of physical abuse, tormenting, teasing, or assault.

(2)

Whether a person injured by the animal was committing a trespass or other tort or violation of law upon the premises occupied by the owner or custodian of the animal, or whether the person injured by the animal was committing or attempting to commit a crime.

(3)

Whether a person injured by the animal had gained uninvited and unauthorized entry onto fenced or indoor property of the owner or custodian of the animal. As used in this section, "unauthorized entry" does not include entry into a fenced residential front yard unless the yard is locked or posted to prohibit entry.

(4)

Whether any injury or damage to a person by the animal was caused while the animal was protecting or defending a person or the animal's offspring within the immediate vicinity of the animal from an unjustified attack or assault.

(5)

The size and strength of the animal (including jaw strength) and the animal's propensity to bite humans or other domestic animals. ( Ord. No. 2016-009 , § 1, 2-12-16)