Section 8.31

An emergency Ordinance is necessary for the immediate preservation of health and safety which require mandatory regulation of vicious dogs in the City of Tracy, Minnesota.

Every owner of any vicious dog owned, kept and/or harbored in the City of Tracy, Minnesota shall be subject to the following regulations and requirements:

Subd 1. DEFINITION OF TERMS. A used in this Ordinance:

A. "Owner" shall mean any person, partnership or corporation who harbors or keeps, or causes or permits to be harbored or kept, or has a dog in his, her or its care or custody, or permits a dog to remain on or about premises controlled by him, her or it.

     B. "Vicious dog" means any dog that:
          1. Has known propensity, tendency or disposition to attack unprovoked, causing injury, or otherwise threatening the safety of humans or domestic animals; or
          2. When unprovoked, inflicts bites on a human or domestic animal on public or private property; or
          3. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or
          4. Is owned or harbored primarily or in part of the purpose of dog fighting, or any dog trained for dog fighting.

C. All applicable definitions contained in Tracy City Code Section 8.30 Animal License/Permit are hereby incorporated in this Ordinance by reference.

Subd 2. CLASSIFICATION OF VICIOUS DOG. If the Tracy City Administrator and/or the Chief of Police has reasonable cause to believe a particular dog is vicious, the City Administrator and/or the Chief of Police may find, declare and classify said dog as vicious.

Subd 3. NOTICE OF VICIOUS DOG CLASSIFICATION. Within three (3) calendar days of classifying a dog vicious, the City of Tracy shall notify the dog's owner in writing of said classification. The notice shall identify the requirements and conditions for maintaining a vicious dog as set forth in this Ordinance. If the owner cannot be located, the dog may be immediately impounded and notice shall be posted on the owner's property or sent by certified mail, return receipt requested, to the owner's last known address.

Subd 4. HEARING ON VICIOUS DOG CLASSIFICATION.

A. The owner of a dog classified vicious shall have the right to file, within five (5) regular business days after being sent notice by certified mail, return receipt requested, a written request for a hearing before the City Council of the City of Tracy (City Council) to contest the vicious dog classification. The hearing shall be held within seven (7) calendar days after the City of Tracy receives the owner's written request. The request for hearing shall be sent to the Tracy City Administrator.

B. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence, and cross-examine witnesses.

C. The City Council shall issue its decision within three (3) calendar days after the close of the hearing and shall notify the owner in writing of the decision.

D. If the City Council upholds the vicious dog classification, the owner shall comply with all of the requirements and conditions for maintaining a vicious dog as set forth in this Ordinance.

E. The decision of the City Council is final.

Subd 5. REQUIREMENTS FOR KEEPING A VICIOUS DOG. The owner of a vicious dog shall be subject to the following requirements:

A. CONFINEMENT. All vicious dogs shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner. The pen or structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and a secure top attached to the sides. If no bottom is secured to the sides, the sides must be embedded into the ground no less than two (2) feet. All pens or structures must be adequately lighted and kept clean and sanitary. The enclosure must also protect the dog from the elements.

B. PROHIBITED CONFINEMENT. No vicious dog shall be kept on a porch or any part of a building which would allow the dog to exit on its own volition. No vicious dog may be kept in a building with open windows or screen windows which are the only obstacles preventing said dog from exiting. No vicious dog may be kept in any portion of any multiple dwelling or housing.

C. LEASH AND MUZZLE. The owner of a vicious dog shall not allow the dog to go outside its kennel, pen, or structure unless the dog is muzzled, restrained by a chain or leash not more than four (4) feet in length, and under the physical control of a responsible and competent person. The muzzle must not cause injury to the dog or interfere with its vision or respiration, but must prevent the dog from biting any human or animal.

D. SIGNS. The owner of a vicious dog shall display in a prominent place on the owner's premises a clearly visible warning sign indicating there is a vicious dog on the premises. The sign must be readable from the public street, highway or thoroughfare. The owner shall also display a sign with a symbol warning children of the presence of a vicious dog. Similar signs shall be posted on the dog's kennel, pen, or enclosed structure.

E. SALES OR PURCHASES. No person shall possess with intent to sell, offer for sale, breed, transfer ownership of or buy or attempt to transfer ownership of or buy any vicious dog.

F. INSURANCE. The owner of a vicious dog shall provide proof to the Tracy City Administrator the owner has procured public liability insurance of at least Fifty Thousand and no/100ths dollars ($50,000.00), insuring the owner for any damage or personal injury which may be caused by his or her vicious dog within ten (10) calendar days after classification or a hearing determining said dog is vicious.

Subd 6. IMPOUNDMENT AND DESTRUCTION. The Tracy City Council may order the impoundment and destruction of a dog where:

A. the dog has attacked, bitten or injured a human or domestic animal;

B. the dog is a vicious dog as defined in Section 1 and the owner has failed to comply with the requirements and conditions for keeping a vicious dog as defined in Section 5; or

C. the dog poses a threat of serious harm to the public health and safety.

Subd 7. NOTICE OF IMPOUNDMENT. Within three (3) calendar days of an impoundment, the City of Tracy shall notify the dog's owner in writing of the impoundment.

Subd 8. HEARING ON IMPOUNDMENT/DESTRUCTION.

A. The owner of an impounded dog shall have the right to file, within five (5) regular business days, after being sent notice by certified mail, return receipt requested, a written request for a hearing before the City Council to contest the impoundment. The request for hearing shall be sent to the Tracy City Administrator.

B. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence, and cross-examine witnesses.

C. The City Council shall issue its decision within three (3) calendar days after the close of the hearing and shall notify and owner in writing of the decision.

D. After considering all of the relevant evidence, the City Council may order the destruction of the impounded dog, or may release the dog to is owner conditional on the owner complying with the requirements for keeping a vicious dog as set forth in Section 5, or complying with any other requirements necessary to protect the public health or safety.

E. If the owner of an impounded dog fails to appear at a hearing or fails to request a hearing, the dog shall be, upon order of the City Council, either destroyed or, in the alternative, ownership transferred to a specific responsible person.

Subd 9. EXEMPTIONS.

A. This Ordinance shall not apply to dogs used by a police department or law enforcement agency.

B. No dog may be declared vicious for injury or damage sustained by a person who was committing a willful trespass or other tort upon the premises of the dog's owner.

C. No dog may be declared vicious for injury or damage sustained by a person who was teasing, tormenting, abusing, or assaulting the dog.

Subd 10. CHANGE OF STATUS. The owner of a vicious dog, after being informed, shall notify the City of Tracy Police Department within one (1) hour if either his or her vicious dog is unconfined and running at large or has attacked a human or domestic animal.

Subd 11. DOG FIGHTING. No person shall possess, harbor, or maintain care or custody of any dog for the purpose of dog fighting, nor shall any person train, torment, badger, bait, or use any dog for the reason of causing or encouraging the dog to attack human beings or domestic animals.

Subd 12. PENALTIES. Whoever violates any provision of this Ordinance shall be guilty of a misdemeanor and may be punished by a fine of not more than an amount in accordance with the yearly rate set by an annual resolution or 90 days in jail or both.

Subd 13. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court, such a decision shall not affect the validity of the remaining portions of this Ordinance.

ORDINANCE HISTORY:

ORDINANCE NO. 348 AN ORDINANCE AMENDING CITY CODE SECTION 8.31 SUBD 12 – VICIOUS DOG REGULATIONS MAY 22, 2017