NOTICE OF ADOPTION OF AMENDMENTS TO THE

NOTICE OF ADOPTION OF AMENDMENTS TO THE DOUGLAS COUNTY DANGEROUS DOG ORDINANCE Notice is hereby given that on the 2nd day of May, 2023, the Douglas County Board of Commissioners adopted amendments to the Dangerous Dog Ordinance No. 62701 establishing up-dated regulations for dangerous and potentially dangerous dogs to comply with current Minnesota Statutes 347.50 through 347.54, such as the requirement for a $300,00 surety bond; $500.00 dangerous dog registration fee; and requirement for microchip identification of a dog that has been determined to be dangerous or potentially dangerous. The amendments are effective immediately. A copy of the enacted ordinance is available on the Douglas County website (www.douglascountymn.gov), and at the Douglas County Auditor-Treasurer Office. The following is a summary of the ordinance amendments: Section 4. Definitions - the following definition was added to this section: Great Bodily Harm – “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Section 5. Dog Enforcement Procedures - the following verbiage was added to this section: Under M.S. 347.53, any statutory county may regulate dangerous and potentially dangerous dogs. Nothing in M.S. 347.50 to 347.565 limits any restrictions that local jurisdictions may place on owners of dangerous or potentially dangerous dogs, except that local jurisdictions may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog (M.S. 347.51, subd. 8). Section 7. Regulations Regarding Dangerous Dogs - the following sub-sections were amended as follows: G. Registration. 1(a.) there exists a proper enclosure for the dangerous dog, including photo evidence, and the enclosure may need to be approved by the Douglas County Sheriff’s Department; and 1(b.) there exists a proper enclosure for the dangerous dog, including photo evidence, and the enclosure may need to be approved by the Douglas County Sheriff’s Department; and 1 (c.) a surety bond that has been issued by a surety company authorized to conduct business in the State of Minnesota and is in a form acceptable to Douglas County in the sum of at least $300,000 payable to any person injured by the dangerous dog, or a policy of liability insurance that has been issued by an insurance company authorized to conduct business in the state of Minnesota in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. A copy of the surety bond or proof of liability insurance must be provided to the County Auditor/Treasurer upon registration of the dangerous dog; and 1 (d.) Microchip identification needs to be implanted in the dog by a veterinarian per M.S. 347.515. The owner of the dangerous dog needs to provide to the Douglas County Auditor’s Office at the time of registering the dangerous dog a document from veterinarian’s office with Microchip identification number and current immunization record. All immunizations must be kept up to date on the dangerous dog. 3. Warning Tag: The county may charge the registrant the cost of the warning tag 4. Registration Fee: $500.00 per M.S. 347.51, subd. 2 (3) SECTION 8: DANGEROUS DOGS; ADDITIONAL REQUIREMENTS. – This section was amended as follows: 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 responsible 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 its 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 location where the dog will reside 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 dog’s death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated. D. An animal control authority shall require a dangerous dog to be sterilized at the owner’s expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the dog and have it 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 transfers ownership of a dangerous dog must notify the new owner that the animal control authority has identified the dog as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner’s name, address, and telephone number. SECTION 9. CONFISCATION. – This section was amended as follows: Douglas County will follow M.S. 347.54 regarding confiscation of a dangerous dog as noted here within this ordinance. A. Seizure. Any animal control officer or licensed peace officer having jurisdiction shall immediately seize any dangerous or potentially dangerous dog if: 1. after 14 days of the owner receiving notice that the dog is dangerous, the dog is not validly registered under Section 7 of this ordinance (as per M.S. 347.51); and no appeal has been filed with Douglas County; or after 5 days from the owner’s receipt of the findings and conclusions upholding the dangerous dog determination, the owner is not in compliance with Section 7 of this ordinance; 2. after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under Section 7 of this ordinance (as per M.S. 347.51); 3. the dog is not maintained in the proper enclosure; 4. the dog is outside the proper enclosure and not under physical restraint of a responsible person as required under Section 8 of this ordinance (as per M.S. 347.52); or 5. the dog is not sterilized within 30 days, per Section 8 of this ordinance (as per M.S. 347.52, paragraph (d)). 6. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. B. Reclaimed. A dangerous dog seized under this ordinance may be reclaimed by the owner of the dog upon payment of impounding and boarding fees and presenting proof to the appropriate animal control authority that the requirements of Section 7 of this ordinance will be met for the regulations regarding dangerous dogs. A dog not reclaimed under this ordinance within seven (7) days may be disposed of in a manner permitted by law, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog. C. Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of Minnesota Statute 347.51, 347.515, or 347.52 and/or this ordinance, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal. If the owner is not convicted of the crime for which the dog was seized and no other provisions of this ordinance apply, the owner may reclaim the dog upon payment to the animal control authority of the fees incurred for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven (7) days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of in a manner permitted by law, and the owner is liable to the animal control authority for the cost incurred in confining, impounding, and disposing of the dog. (May 5, 2023) 220817