[Added 10-15-2018 by Ord.
No. 505[1]]
This section is enacted to protect the public health and safety
and to promote the general welfare of the domestic and farm animals
residing within the City of Breckenridge by prescribing the following
procedures and enforcement regulations governing dangerous animals.
No person may own a dangerous or potentially dangerous animal in the
City of Breckenridge unless the animal is registered as provided in
this chapter.
The provisions of this article apply to the City of Breckenridge.
If, in the reasonable belief of any authorized City personnel, an animal presents an immediate danger to the health and safety of any person, or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the authorized City personnel may immediately kill the animal. Otherwise, the authorized City personnel may seize the animal and deliver it to an impound facility for confinement under § 54-28. If the animal is destroyed after seizure and delivery to an impound facility, the owner of the animal destroyed shall be liable to the City for the costs of destroying, maintaining and/or disposing of the animal, plus the costs of any veterinarian examinations and those from any impound facility, as applicable. If the animal is found not to be a danger to the health and safety of the City in the judgment of the authorized City personnel, it may then be released to the owner in accordance with § 54-28.
A.
Running at large. No person shall keep or allow to be kept on his
or her premises, or on premises occupied by them, nor permit to run
at large in the City, any animal which is diseased so as to be a danger
to the health and safety of any persons in the City.
B.
Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public may be apprehended, seized and confined in an impound facility by any authorized City personnel pursuant to § 54-28. The authorized City personnel shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in such a manner so as to be a danger to the health and safety of the public, the authorized City personnel shall cause such animal to be killed and shall properly dispose of the remains. The owner of the animal killed under this section shall be liable to the City for the cost of maintaining, destroying and disposing of the animal, plus the costs of any veterinarian examinations and those from any impound facility, as applicable.
C.
Release. If the animal, upon examination, is not found to be diseased
within the meaning of this section, the animal shall be released to
the owner at the owner's expense.
A.
Incorporation. The provisions of M.S.A. §§ 347.50
through 347.565 (commonly referred to as the "Dangerous Dog Regulations")
are hereby adopted and incorporated herein by reference, as the same
may be amended from time to time, and must be adhered to in all respects,
except as otherwise explicitly provided in this section.
B.
Authorization to declare or designate. The authorized City personnel
may declare or designate an animal to be dangerous or potentially
dangerous when the authorized City personnel has probable cause to
believe the animal is dangerous or potentially dangerous as those
terms are defined in this article. In addition to those factors defining
dangerous or potentially dangerous animals, the following factors
may be considered in determining whether to declare or designate a
dangerous or potentially dangerous animal:
(1)
Whether any injury or damage to a person by the animal was caused
while the animal was protecting or defending another person or the
animal's offspring within immediate vicinity of the animal from
an unjustified attack or assault;
(2)
The strength and size of the animal, including jaw strength, and
the animal's propensity to bite humans or other domestic animals;
and
(3)
Whether the animal has wounds, scarring, is observed in a fight,
or has other indications that the animal 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 animal to fight with other animals.
C.
Exceptions.
(1)
The provisions of this section do not apply to animals used by law
enforcement.
(2)
Animals must 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 animal at the time;
(b)
Provoking, tormenting, abusing or assaulting the animal, or
who can be shown to have a history of repeatedly provoking, tormenting,
abusing or assaulting the animal; or
(c)
Committing or attempting to commit a crime.
D.
Procedure. Upon a declaration of an animal to be dangerous or potentially
dangerous, the authorized City personnel shall provide notification
to the owner of the animal designated as dangerous or potentially
dangerous. The authorized City personnel must provide notification
to the owner in writing within five days of the declaration. The notification
shall include:
(1)
A report of the incident(s) which lead to the animal being designated
as dangerous or potentially dangerous;
(2)
A statement of the declaration, indicating which designation the
animal has been assigned;
(3)
Notice of any applicable registration requirements or other restrictions
imposed by this section or statute; and
(4)
Notice of the owner's right to appeal the designation by requesting
hearing with the City Administrator as specified in this section.
E.
Temporary impoundment. The authorized City personnel may impound any animal determined to pose a threat to public safety pending a final dangerous or potentially dangerous animal designation. The costs of any such temporary impounding shall be the sole responsibility of the owner. No animal may be destroyed or disposed of while pending of a final dangerous or potentially dangerous animal designation, unless the animal is believed to be or has shown signs of disease pursuant to § 54-26B.
F.
Registration required. No person may keep a dangerous or potentially
dangerous animal within the City unless the animal is currently registered
as provided in this section.
(1)
Registration process for potentially dangerous animals. Upon evidence
the following requirements have been met, the City shall issue a certificate
of registration to the owner of the potentially dangerous animal:
(2)
Registration process for dangerous animals. Upon evidence the following
requirements have been met, the City shall issue a certificate of
registration to the owner of the dangerous animal:
(a)
There is proper enclosure for the animal pursuant to this section;
(b)
The owner has paid the annual registration fee of not more than
$500;
(c)
The owner has had a microchip identification implanted in the
potentially dangerous animal pursuant to M.S.A. § 347.515,
as amended; and
(d)
The owner has been issued a surety bond issued by a surety company
authorized to conduct business in this state in a form acceptable
to the City in the sum of at least $300,000, payable to any person
injured by the dangerous animal, or a policy of liability insurance
issued by an insurance company authorized to conduct business in this
state in the amount of at least $300,000, insuring the owner for any
personal injuries inflicted by the dangerous animal.
(3)
Registration fee. In addition to any other fees under this section,
the owner of or person keeping a dangerous or potentially dangerous
animal must pay a dangerous or potentially dangerous animal registration
fee that will be established from time to time by resolution of the
City Council.
(4)
Warning symbol. The owner of the dangerous animal registered under
this section must post a sign with the uniform dangerous animal warning
symbol on the property in order to inform children that there is a
dangerous animal on the property. The sign will be provided by the
City upon issuance of the registration certificate. The owner shall
be responsible for the costs and expenses associated with obtaining
the warning symbol sign.
(5)
Tags. A dangerous animal registered under this section must wear
(be affixed to the animal) a standardized, easily identifiable tag,
at all times, that contains the uniform dangerous animal symbol, identifying
the animal as dangerous. The tag shall be provided by the City upon
issuance of the registration certificate. The owner shall be responsible
for the costs and expenses associated with obtaining the dangerous
animal tag.
G.
Notice and appeal hearing. After an animal has been declared dangerous
or potentially dangerous or has been seized for destruction pursuant
to M.S.A. § 347.54, as amended, the City shall give notice
to the animal's owner. The owner may appeal this designation
or seizure in writing on the form required by the City Administrator
within 14 days of the date of the notice of declaration or seizure.
Failure to do so within 14 days of the date of notice will terminate
the owner's right to a hearing. If an appeal is properly and
timely filed with the City Administrator, a hearing will be held pursuant
to this section.
(1)
Appeal fee. In addition to any other fees under this section, the
owner must pay an appeal fee for an appeal hearing that will be established
from time to time by resolution of the City Council.
(2)
Time of hearing and hearing officer. The appeal hearing will be held
within 14 calendar days of the written request for hearing. The hearing
officer must be an impartial employee of the City and shall be the
City Administrator, or the City Administrator's designated representative,
unless the City Administrator determines that another impartial person
be retained by the City to conduct the hearing.
(3)
Decision and costs. If the declaration/designation or destruction
is upheld by the hearing officer, actual expenses of the hearing up
to a maximum fee that will be established from time to time by resolution
of the City Council, in addition to all maintenance and related costs
for impound and/or destroying and disposing of the animal, shall be
the responsibility of the animal's owner. The hearing officer
shall issue a decision on the matter within 10 days after the hearing.
The decision shall be delivered to the animal's owner by hand
delivery or registered mail as soon as practical and a copy shall
be provided to the Chief of Police. The decision of the hearing officer
is final.
H.
Failure to comply with order. Any owner who fails to comply with
an order to destroy a dangerous animal or a potentially dangerous
animal or fails to otherwise comply with an order from the authorized
City personnel, hearing officer or City Council is guilty of a misdemeanor.
In addition, the authorized City personnel will confiscate/seize the
animal and have it destroyed in a proper and humane manner and the
costs thereof will be the responsibility of the owner.
I.
Designation review. Beginning six months after the final designation
of an animal as dangerous or potentially dangerous, an owner may request
annually that the Chief of Police review the designation. The owner
must provide evidence that the animal's behavior has changed
due to the animal's age, neutering, environment, completion of
obedience training that includes modification of aggressive behavior,
or other factors. If the Chief of Police finds sufficient evidence
that the animal's behavior has changed, the Chief of Police may
rescind the dangerous or potentially dangerous designation.
B.
Running at large. Any animal running at large is hereby declared
a public nuisance. Any authorized City personnel may impound such
animal found running at large and shall attempt to make contact with
the owner, if known. If the animal is not claimed within the time
specified below for reclaiming, it will be sold or otherwise disposed
of.
C.
Reclaiming animals. Except as otherwise specified in this chapter, all animals conveyed to an impound facility shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. For animals impounded due to a designation of being a dangerous or potentially dangerous animal, the animal shall be kept for at least the minimum time required for the owner to exercise their right to a hearing under § 54-27G. The time period for any impoundment shall begin at 12:00 midnight the date of their arrival at the impound facility. In the event the applicable minimum impoundment period would expire on a Sunday or legal holiday, such impounded animal shall be kept in the impound facility until the following Monday or the first day after the holiday. In case the owner or keeper shall desire to reclaim the animal from an impound facility, the following shall be required, unless otherwise provided for in this Code or established from time to time by resolution of the City Council:
(1)
Payment of maintenance costs pursuant to § 54-15, as required by the impound facility, per day, plus any additional costs identified by the impound facility while the animal was in said impound facility; and
(2)
Valid certificate of vaccination for rabies and distemper shots is
required to be provided.
D.
Unclaimed animals. At the expiration of the times for reclaiming
animals established in this section, if the animal has not been reclaimed
in accordance with the provisions of this section, the authorized
City personnel may let any person claim the animal by complying with
all provisions in this chapter, or release the animal to an animal
shelter, or cause the animal to be destroyed.
E.
Biting animals. Any animal that does not have a current vaccination against rabies (inoculated by a live modified rabies vaccine) and that has bitten any person, shall be confined in an impound facility as provided herein. The animal shall be confined or impounded for observation for such time as deemed necessary. Any animal showing symptoms of rabies shall be destroyed and its carcass examined for the purpose of determining if it has rabies. The owner of the animal shall be responsible for payment of all expenses associated with the confinement, impounding, destruction and disposal of an animal involved in a rabies investigation. However, if the owner of the animal shall elect immediately upon receipt of notice of need for such confinement by the authorized City personnel to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital or veterinary clinic of the owner's choosing, not outside a county in which the City is located, and provide immediate proof of such confinement in such manner as may be required by the authorized City personnel, the owner may do so unless otherwise directed by the authorized City personnel. The animal may be released at the end of such time if healthy and free from symptoms of rabies, and by the payment of all costs related thereto by the owner. If, however, the animal has a current vaccination against rabies where it has been inoculated with a live modified rabies vaccine and the owner has proof of such current vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. This provision does not apply to any animal killed pursuant to § 54-25.
F.
Handling of animals bitten by a rabid animal. For the purposes of
this section, any nondomestic or wild animal which bites a domestic
or farm animal is deemed a "rabid animal." The following rules apply
if a domestic or farm animal is bitten by such rabid animal, has been
exposed to rabies, or appears to be rabid:
(1)
If the domestic or farm animal that is bitten has not been vaccinated
against rabies as provided in this chapter, the owner of the domestic
or farm animal shall either immediately destroy the domestic or farm
animal or place it in strict isolation for a minimum period of 30
days at the owner's sole cost and expense. If the owner places
the domestic or farm animal in isolation, it must be immediately vaccinated
against rabies at the owner's sole cost and expense.
(2)
If the bitten domestic or farm animal has been vaccinated against
rabies as provided in this chapter, its owner must immediately revaccinate
the domestic or farm animal against rabies at the owner's sole
cost and expense, and must place the domestic or farm animal in strict
isolation for a minimum period of 30 days at the owner's sole
cost and expense.
(3)
If the domestic or farm animal is displaying symptoms of being rabid,
it may be immediately seized by authorized City personnel and confined
at an impound facility at the expense of its owner until it is found
to be free of rabies.
(4)
If the domestic or farm animal cannot be impounded or isolated without
serious risk of personal injury, the domestic or farm animal may be
immediately killed by the authorized City personnel if the authorized
City personnel believes such action is reasonably necessary for the
safety of a person or persons.
G.
Dangerous or potentially dangerous animals. Pursuant to § 54-27E, any animal subject to a dangerous or potentially dangerous animal designation may be impounded at the discretion of the authorized City personnel.
(1)
If the impounded animal is found not to be a dangerous or potentially
dangerous animal, it shall be released to the animal's owner
immediately. All costs associated with the impoundment of any animals
not found to be dangerous or potentially dangerous shall be the sole
responsibility of the owner.
(2)
If the impounded animal is found to be a dangerous or potentially dangerous animal, the animal shall be held at the impound facility until all registration requirements applicable under § 54-27F have been met. All costs associated with the impoundment of any animals found to be dangerous or potentially dangerous shall be the sole responsibility of the animal's owner.
