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CC WORKSESSION PACKET 08032020
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CC WORKSESSION PACKET 08032020
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<br />5 <br />and did not find a similar prohibition on dangerous dogs as in § 91.36. Below we summarize <br />the approach taken by a handful of neighboring cities. <br />A. Roseville <br />The City of Roseville has essentially written much of the state statute into its ordinances, <br />including the definitions, registration requirement, ownership requirements, and exemptions. <br />However, the Roseville ordinance differs from the state law in a handful of respects. For <br />example, while the state statute does not provide for any regulation of potentially dangerous <br />dogs, the Roseville ordinance requires potentially dangerous dogs to be kept in a proper <br />enclosure and muzzled when outside of the enclosure and requires the owner to microchip <br />the potentially dangerous dog and provide proof of current vaccinations. Additionally, the <br />owner of a potentially dangerous dog may be required to complete animal obedience classes. <br />Roseville City Code § 501.16(C)(1). The Roseville ordinance states that the determination of <br />whether an animal is “dangerous” or “potentially dangerous” shall be made by the Chief of <br />Police or his or her designee, and that an appeal of such a designation must be held before <br />an impartial hearing officer. Roseville City Code § 501.16(E), (G). The hearing officer is “an <br />impartial employee appointed by the City, or an impartial person retained by the City.” <br />Roseville City Code § 501.16(A). <br />B. New Brighton <br />The New Brighton dangerous dog ordinance similarly writes much of the state statute into its <br />ordinance verbatim, but it also adopts the state dangerous dog statute by reference. New <br />Brighton Mun. Code § 6-144(1). The ordinance specifies that a “public safety officer or Animal <br />Control Officer may declare a dog to be dangerous or potentially dangerous.” New Brighton <br />Mun. Code § 6-144(2). Additionally, the ordinance details the procedure for a hearing on a <br />designation before an impartial hearing officer, with the opportunity to appeal to the City <br />Council. New Brighton Mun. Code § 6-144(6), (8). Significantly, the ordinance applies the <br />same registration requirements to potentially dangerous dogs as to dangerous dogs (proper <br />enclosure, annual fee, microchip, warning sign, tags), except for the surety bond/insurance <br />requirement, which only applies to dangerous dogs. New Brighton Mun. Code § 6-146. <br />Additionally, both potentially dangerous dogs and dangerous dogs must be sterilized at the <br />owners expense, and the owner must notify the city upon the death or transfer of the dog. New <br />Brighton Mun. Code § 6-147. <br />C. Edina <br />The Edina ordinance adopts the state statute by reference and provides a handful of additional <br />clarifying provisions. Edina Mun. Code § 8-298. First, the ordinance provides that the animal <br />control officer has authority to declare a dog to be potentially dangerous, and may require that <br />such dogs “be confined or restrained when on the owner’s property and restrained and <br />muzzled when not on the owner’s property.” Edina Mun. Code § 8-299. Second, the ordinance <br />provides that the Police Chief has authority to designate a dangerous dog, which may be <br />appealed to the city council, and specifies the annual registration fee for a dangerous dog is <br />$100. Edina Mun. Code § 8-300. Third, the ordinance provides that an appeal must be filed <br />within 10 days of the designation (whether it is a “potentially dangerous” or “dangerous” <br />designation), and the council must hear the appeal within 30 days. Edina Mun. Code § 8-301. <br />D. St. Louis Park <br />The St. Louis Park dangerous dog ordinance generally mirrors the state statute, but does not <br />expressly adopt it by reference and uses slightly different language in some cases. The <br />ordinance specifies that an Animal Control Officer designates dangerous dogs, and it sets
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