§ 78-11. Dangerous animals and potentially dangerous animals., Chapter 78. Animals, Part II. General Legislation, Code of Ordinances, Fairfax

A.

Attack by an animal. It shall be unlawful for any person who owns, harbors, or keeps any animal, or the parents or the guardians of any such person under 18 years of age, to negligently or intentionally permit or fail to prevent the animal from inflicting or attempting to inflict bodily injury upon any person or other animal, whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home without permission.

B.

Destruction of dangerous animal. The Animal Control Officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this chapter. An order for destruction of an animal may be made simultaneously with an order deeming an animal dangerous.

C.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

DANGEROUS ANIMAL: An animal which has:

POTENTIALLY DANGEROUS ANIMAL: An animal which has:

PROPER ENCLOSURE: Securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications:

UNPROVOKED: The condition in which the animal is not purposely excited, stimulated, agitated or disturbed.

D.

Designation as potentially dangerous animal.

(1)

The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving such evidence that the animal meets the definition of potentially dangerous as stated in Subsection C.

(2)

When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous.

E.

Appeal hearing procedures: potentially dangerous dog. A potentially dangerous dog declaration appeal shall consist of a record review by the City Administrator or his/her designee, using the designated appeal form supplied at the time of the written request. The appeal form must be completed and returned to the Animal Control Officer or designee with written evidence and/or affidavits that dispute the declaration within 14 business days of notification. The owner/custodian of the dog shall be notified, in writing, of the record review results within 10 calendar days of receipt. There is a fee of $100 for an appeal of a potentially dangerous dog declaration. The individual conducting the review shall have the authority to amend the declaration or order as appropriate and to establish specific requirements for the dog found to be potentially dangerous.

F.

Designation as dangerous animal. The Animal Control Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following:

(1)

That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in the definition of "dangerous animal" in Subsection C.

(2)

That the animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in the definition of "dangerous animal" in Subsection C.

G.

Authority to order destruction.

(1)

The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact:

(a)

The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or

(b)

The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals.

(2)

The Animal Control Officer shall require a previously designated dangerous animal to be destroyed if:

(a)

The dog inflicted substantial or great bodily harm on a human or a domestic animal on public or private property;

(b)

The dog inflicted multiple bites on a human on public or private property without provocation;

(c)

The dog bit multiple human victims on public or private property without provocation; or

(d)

The dog bit a human on public or private property without provocation, in an attack where more than one dog participated in the attack.

H.

Appeal hearing procedures; dangerous animal.

(1)

The owner/custodian of an animal that has been declared dangerous may appeal the declaration and request a hearing. The appeal request is to be submitted in writing within 14 days of notification. If a hearing is requested, the Animal Control Officer or the designee shall schedule a hearing within 14 calendar days. A dangerous declaration appeal shall consist of an appearance before an independent City employee or hired representative. The hearing fee of $250 must be paid prior to the hearing. The hearing officer may set limits on the evidence that may be submitted and the length of testimony offered. The hearing officer conducting the review shall have the authority to amend the declaration or order as appropriate and to establish specific requirements. Any time after a declaration has been issued, the Animal Control Officer or designee may seize a declared animal. All applicable fees and costs shall be the responsibility of the owner/custodian of the animal. The animal shall not be released until all fees are paid in full and compliance with the provisions of this Code is achieved. All animals seized pursuant to this subsection may be disposed of by animal control after 14 calendar days of notification of declaration when the animal is not properly registered or an appeal has not been properly submitted pursuant to this section.

(2)

In the event the declaration is overturned, all fees will be reviewed by the hearing officer. The owner/custodian of the animal shall be notified by telephone of the hearing results within 10 business days. All decisions may be appealed to the Minnesota Court of Appeals.

(3)

The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner: The Animal Control Officer Shall cause one owner/custodian of the animal to be notified in writing or in person that the animal is dangerous and may order the dog seized or make orders as deemed proper. This owner/custodian shall be notified as to dates, times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing for a review of this determination.

(a)

If no appeal is filed, the Animal Control Officer may authorize the seizure and the destruction of the animal, unless the animal is already in custody or the owner/custodian consents to the seizure and destruction of the animal.

(b)

If an owner/custodian requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before an impartial employee of the local government or impartial person retained by the local government, which shall set a date for hearing not more than two weeks after demand for the hearing. The records of the animal control or City Clerk's office shall be admissible for consideration by the hearing officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the hearing officer shall make an order as it deems proper. The hearing officer shall issue a decision on the matter within 10 days after the hearing. The decision must be delivered to the animal's owner/custodian by hand delivery or registered mail as soon as practical, and a copy must be provided to the animal control authority. The Animal Control Officer may take the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered into custody for destruction, the owner/custodian shall immediately make the animal available to the Animal Control Officer. If the owner/custodian does not immediately make the animal available, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction. In the event the dangerous animal declaration is upheld by the hearing officer, actual expenses for the hearing up to a maximum of $300 will be the responsibility of the animal's owner/custodian.

(4)

No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction.

I.

Stopping an attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.

J.

Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the Animal Control Officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any.