DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS

Minneapolis Code of Ordinances tit. 4, ch. 66

in effect

Minneapolis Code of Ordinances § 66.10 Definitions.

66.10. - Definitions. (a) Potentially dangerous animal shall mean any animal, except an animal assisting a peace officer engaged in law enforcement duties and/or animals trained by a recognized program within an established curriculum for training animals for services such as rescue and recovery, which demonstrates any of the following behavior: (1) When unprovoked, bites a person on public or private property, causing a minor injury not resulting in muscle tears or disfiguring lacerations or requiring multiple sutures, or corrective or cosmetic surgery. (2) When unprovoked, bites, inflicts injury, or otherwise causes injury to a domestic animal off the property of the owner or custodian of the attacking animal. (3) When unprovoked, engages in any behavior that constitutes a physical threat of bodily harm to a person or domestic animal or poses an immediate threat to public safety on or off the property of the owner or custodian of the animal. (4) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals as documented by law enforcement or MACC. (b) Dangerous animal shall mean any animal, except an animal assisting a peace officer engaged in law enforcement duties and/or animals trained by a recognized program within an established curriculum for training animals for services such as rescue and recovery, which demonstrates any of the following behavior: (1) When unprovoked, inflicts substantial bodily harm on a human being who is conducting himself or herself peacefully and lawfully. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. (2) Has been previously designated as a potentially dangerous animal that, after the owner or custodian has been notified of such designation, exhibits any of the behaviors described in this subsection or subsection (a) of this section. (3) Has been previously designated as a potentially dangerous animal and after the owner or custodian has been notified of such designation, the owner or custodian subsequently violates any requirement of this chapter. (4) Kills or inflicts substantial bodily harm to another domestic animal without provocation while off or on the property of the owner or custodian of the attacking animal. (5) When unprovoked, repeatedly attacks or attempts to attack a person or domestic animal on private or public property. For purposes of this provision, "repeatedly" shall mean more than one (1) unprovoked attack or attempted attack occurring during the course of either a single encounter or separate encounters. (6) The dog's owner or custodian is in possession of training apparatus, paraphernalia, or drugs intended to be used to prepare or train dogs to be fought and the dog displays evidence that it has been or will be fought. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.20 General authority and procedure.

66.20. - General authority and procedure. (a) MACC is authorized to deem any animal as a dangerous animal or a potentially dangerous animal pursuant to the requirements of this Code or pursuant to Minn. Statute Chapter 347 . The owner or custodian of the animal must immediately comply with any lawfully imposed confinement requirements, even if appealing the declaration. (b) No off leash park permit as defined may be issued for any animal that has been declared potentially dangerous or dangerous under this Code or pursuant to state statute. (c) For the purposes of this chapter, a person is peaceably and lawfully upon the private property of an owner or custodian when he or she is on the property in the performance of any duty imposed upon him or her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on the property upon express or implied invitation. (d) Where MACC makes a declaration under this chapter, it shall notify the owner in writing within five (5) days of said declaration. The notification shall include a copy of ordinance or statute, the report (including supplemental reports, if any), and a statement of the declaration. (e) MACC shall consider the following factors in determining a dangerous or potentially dangerous animal declaration: (1) Whether any injury or damage to a person or domestic animal by the accused animal was caused or contributed to by the actions of that person, including acts of physical abuse, tormenting, teasing, or assault. (2) Whether a person injured by the animal was committing a trespass or other tort or violation of law upon the premises occupied by the owner or custodian of the animal, or whether the person injured by the animal was committing or attempting to commit a crime. (3) Whether a person injured by the animal had gained uninvited and unauthorized entry onto fenced or indoor property of the owner or custodian of the animal. As used in this section, "unauthorized entry" does not include entry into a fenced residential front yard unless the yard is locked or posted to prohibit entry. (4) Whether any injury or damage to a person by the animal was caused while the animal was protecting or defending a person or the animal's offspring within the immediate vicinity of the animal from an unjustified attack or assault. (5) The size and strength of the animal (including jaw strength) and the animal's propensity to bite humans or other domestic animals. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.30 Appeals procedures.

66.30. - Appeals procedures. (a) The owner or custodian of an animal that has been declared potentially dangerous or dangerous may appeal the declaration and request a hearing. The appeal request must be submitted in writing within fourteen (14) calendar days of notification. If a hearing is requested, MACC shall schedule a hearing within fourteen (14) calendar days, unless a later hearing date is mutually agreed upon. Appeals shall consist of an evidentiary hearing before an independent hearing officer retained by the City of Minneapolis. (1) A hearing fee of two hundred fifty dollars ($250.00) shall be paid prior to scheduling the hearing. (2) Individuals receiving means-tested public assistance or households with limited income may receive a waiver of appeal fees upon approval by MACC. (3) The hearing officer may set reasonable limits on the amount of evidence that may be submitted and the length of testimony offered in accordance with Chapter 2 of this Code. (4) The hearing officer shall have authority to affirm, reverse, modify, or amend the declaration or order as appropriate and to establish specific requirements or conditions. (b) Any time after a declaration has been issued MACC may seize a declared animal. All applicable fees and costs shall be the responsibility of the owner or custodian of the animal. The animal shall not be released until all fees are paid in full and compliance with all provisions of this Code is achieved. All animals seized pursuant to this section may be disposed of by MACC after fourteen (14) calendar days of notification of declaration when either the animal is not properly registered or an appeal has not been properly submitted pursuant to this section. (c) In the event that the declaration is overturned, all fees will be reviewed by the hearing officer or the hearing officer's designee. (d) The owner of the animal shall be notified by telephone of the hearing results within three (3) business days and in writing within ten (10) business days. (e) All decisions shall constitute the final decision of the City of Minneapolis. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.40 Annual review requests.

66.40. - Annual review requests. If there are no additional reports of the behavior described in section 66.10 within twelve (12) months from the date of designation as a dangerous animal or six (6) months from the date of designation as a potentially dangerous animal, the animal's owner may request a review, in writing, of the declaration designation. The owner must provide documented evidence for review that the animal's behavior has changed due to environment, health, age, training, neutering, or other relevant factors. The review request and supporting documentation must be submitted to MACC, which shall rule on the review request based on the record. The owner of the animal shall be notified in writing of the review results within ten (10) business days of receipt. An administrative fee of two hundred fifty dollars ($250.00) shall be paid prior to the review. In cases where the owner has successfully completed a training program approved by MACC, the administrative fee may be reduced or waived. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.50 Requirements and restrictions upon declaration.

66.50. - Requirements and restrictions upon declaration. (a) No person may own or house a potentially dangerous or dangerous animal in the City of Minneapolis unless the animal is registered as provided in this subsection. (b) No person operating a day care, as that term is defined pursuant to the zoning code, or any other home occupation in which children are regularly present, shall own, house, or otherwise have temporary or permanent custody upon the premises of any animal previously declared potentially dangerous or dangerous as a result of displaying aggression towards a person (c) Owners or custodians of potentially dangerous and dangerous animals may be required to comply with any or all of the following requirements, and any additional requirements established by a hearing officer, within fourteen (14) calendar days of notification of the declaration, unless another provision of this title requires compliance immediately or within a lesser timeframe. Any imposed requirements are proper subjects for consideration by a hearing officer during a potentially dangerous or dangerous animal declaration appeal proceeding. Failure to comply shall constitute adequate grounds for confiscation of the animal and possible disposition pursuant to this title. (1) Microchip (must be pre-paid if MACC implants the microchip). (2) Current rabies vaccinations (must remain current on rabies vaccinations). (3) Current annual license for a declared animal (regardless of current license status). (4) Muzzle (with an appropriate leash as approved by MACC to reasonably restrict the dog while held by an adult at all times the animal is outside and not inside a proper enclosure). (5) A proper enclosure may be required in order for the animal to be unleashed or unmuzzled. a. For a potentially dangerous animal, a proper enclosure shall consist of a securely fenced yard area and/or a proper kennel. A securely fenced yard area shall have a fence of sufficient height, strength, and design to prevent the animal or the animal's muzzle from moving over, under, or through the fence and a gate and locking mechanism of sufficient strength and design to prevent the animal or the animal's muzzle from moving through the gate without proper leash and muzzle. b. For a dangerous animal, a proper enclosure shall consist of a proper kennel. A proper kennel in all cases shall meet the following minimum specifications: 1. A minimum of thirty-two (32) square feet in floor area per animal that will be kept in such enclosure. 2. The sidewalls shall have a minimum height of five (5) feet and be constructed of eleven (11) gauge or heavier wire. If the enclosure is on any permeable surface, the fence must be buried a minimum of eighteen (18) inches. Openings in the wire shall not exceed two (2) inches, support posts shall be one and one-quarter (1¼) inch or larger steel pipe buried a minimum of eighteen (18) inches into the ground. 3. A cover over the entire kennel shall be provided. The cover shall be constructed of the same gauge wire as the sidewalls or heavier and shall have no openings greater than two (2) inches. 4. An entrance/exit gate shall be provided and constructed of the same material as the sidewalls and shall also have no openings greater than two (2) inches. The gate shall be self-closing, self-locking, and shall be locked at all times the animal is in the kennel. 5. The kennel shall comply with all zoning setbacks and other applicable requirements unless variances or other appropriate approvals are obtained. (6) Secured area maintained inside the home where the animal will stay when persons, other than family members, are present. (7) Annual registration and payment of all applicable fees including submission of photographs of the required kennel and secured area and a current photograph of the animal. All fines shall be paid within thirty (30) days of the date they are due. (8) The animal may not be possessed or maintained at any other location other than the owner's property. (9) The owner or custodian of the animal may not be a minor under age eighteen (18). (10) The animal shall not be subjected to neglect, suffering, cruelty, or abuse. (11) The location where the animal is possessed or maintained shall be kept clean and sanitary with proper and adequate food, water, ventilation, shelter, and care at all times. (12) The owner of a potentially dangerous or dangerous animal may be required to complete an approved obedience class at the direction of MACC. (13) If the animal is to move from the approved location, written notification shall be provided to MACC within ten (10) business days prior to relocation. (14) MACC shall be allowed at any reasonable time to inspect the animal, the animal's muzzle and leash, and the place where the animal is located. (15) MACC shall require that any animal deemed potentially dangerous or dangerous be sterilized at the owner's expense and shall require any puppies or offspring of the animal in the care and custody of the owner be sterilized at the owner's expense. (d) In additional to any conditions imposed by MACC or a hearing officer, all owners or custodians of dangerous animals shall be required to fully comply with the following requirements within fourteen (14) calendar days of notification of the declaration. Failure to comply shall lead to confiscation of the animal and possible disposition pursuant to this title. (1) Proof of a current insurance policy or surety bond in the amount of at least three hundred thousand dollars ($300,000.00) to cover any personal injuries inflicted by the animal and payable to the injured party or parties. (2) A clearly visible sign posted in the front and rear of the property indicating that a "dangerous animal" is on or in the premises, meeting any requirements as designated by MACC. (e) No animal that has previously been determined to be potentially dangerous, dangerous, or vicious by another jurisdiction shall be kept, owned, or harbored in the City of Minneapolis unless the animal's owner or custodian complies with the requirements of the applicable declaration level as defined in this chapter. Potentially dangerous or dangerous animal requirements must be met prior to bringing the animal into the city. Animals in violation of this requirement are subject to impoundment and humane destruction by lethal injection after notice and a hearing (if requested) pursuant to this chapter. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.60 Impoundment.

66.60. - Impoundment. (a) Any animal which bites a person or other animal or is subject to potentially dangerous or dangerous animal proceedings may be impounded at the discretion of MACC pending hearings and compliance. (b) All animals that have been previously declared potentially dangerous or dangerous shall be impounded at the MACC facility for the quarantine period and held until the final disposition is determined. (c) All animals found to be in violation of the requirements of this section may be impounded. (d) The impounded animal's owner shall be charged for all impoundment related costs and fees. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.70 Noncompliance, transfer, loss, or death of declared animals.

66.70. - Noncompliance, transfer, loss, or death of declared animals. (a) Failure to comply with the provisions of this section may result in seizure of the animal by MACC and disposition pursuant to this title. (b) The owner or custodian of any animal declared potentially dangerous or dangerous must notify MACC in writing of the death of the animal within fourteen (14) days of the animal's death. If requested by animal care and control, the owner or custodian must execute an affidavit under oath setting forth the circumstances of the animal's death and disposition or provide any other evidence of the animal's death as requested. (c) If the owner or custodian of any animal declared potentially dangerous or dangerous wishes to relocate the animal based solely upon the owner or custodian relocating his or her principle residence either within or without the City of Minneapolis, the owner or custodian shall notify MACC in writing prior to such relocation. If requested by MACC, the owner or custodian must execute an affidavit under oath setting forth the new address of the owner or custodian where the animal will be housed. (d) The owner or custodian of any animal declared potentially dangerous or dangerous shall not transfer the ownership or custodianship of such an animal to another person or persons unless the owner or custodian receives prior written approval from MACC. If requested by MACC, the owner or custodian must execute an affidavit under oath setting forth the complete name, address, and telephone number(s) or other contact information of the person to whom the animal has been transferred. All applicable requirements of this chapter must be met by the prospective new owner before the animal may be transferred. (e) Whenever any animal declared potentially dangerous or dangerous is lost or runs away, the owner or custodian of the animal shall provide notification to MACC within one (1) day after the loss of the animal. MACC may require that the owner or custodian provide an affidavit under oath setting forth the nature and circumstances of the loss of the animal. Should the animal return or should the owner or custodian otherwise subsequently become aware of the location of the animal, the owner or custodian shall notify MACC within one (1) day. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.80 Restriction on future ownership.

66.80. - Restriction on future ownership. (a) This section shall apply to any person who: (1) Has owned or owns or had custody of an animal declared potentially dangerous or dangerous or ordered destroyed and is found to be in violation of any requirement of this chapter; (2) Had owned a potentially dangerous or dangerous animal but never achieved compliance with the requirements of this chapter; (3) Has owned or had custody of more than one (1) animal declared potentially dangerous or dangerous and/or ordered destroyed within two (2) years; (4) Has owned or owns or had custody of an animal which has inflicted substantial bodily harm on a person and/or kills a domestic animal as a result of the intentional act or acts of that owner or custodian; or (5) Has been convicted of any violation of Minn. Statute Section 609.226, Harm Caused by Dog, or any subsequent amendments thereto. (b) Any person who meets any of the circumstances enumerated in subsection (a) may be subject to restrictions on ownership or custody of other animals of the same species for a period of five (5) years after the most recent declaration. For the purposes of this section, custody would include any animal in the dwelling in which the person subject to the ownership restriction resides. The animal found to be in violation shall be impounded pending any hearing that may be requested pursuant to this section. (For the purposes of this section, "custody" means the presence of any animal on the property of any dwelling or residence in which the restricted persons lives or resides, including, but not limited to, all surrounding grounds, outbuildings, and/or garages.) (c) Any animal owner in violation of this subsection shall be notified in writing of the violation and may request a hearing in writing within five (5) business days of receipt of the notice. If a hearing is requested, MACC shall schedule a hearing within ten (10) business days, unless a later hearing date is mutually agreed upon. Appeals shall be heard by a hearing officer. An administrative fee of two hundred fifty dollars ($250.00) shall be paid prior to the scheduling of the hearing. The hearing officer may set limits on the amount of evidence that may be submitted and the length of any testimony offered in accordance with chapter 2. (d) The owner of the animal shall be notified, in writing, of the hearing results within ten (10) business days. (e) Any person convicted of a violent felony, as defined in Minn. Statute Section 624.712, subdivision 5, who owns, possesses, or controls an animal weighing more than twenty (20) pounds, or an animal that MACC designates as posing a danger to the public's health, safety, or welfare if misused by a person convicted of a violent felony, must have a prohibited animal permit to own, keep, or maintain that animal. For the purposes of this section, own, keep, or maintain would include any animal in the dwelling in which the person subject to the ownership restriction lives. If there is cause to believe that an animal poses a danger to the public's health, safety, or welfare if misused by a person convicted of a violent felony, the animal may be impounded pending a determination made under this title and until a permit is obtained. If MACC designates an animal as posing a danger to the public's health, safety, or welfare if misused by a convicted felon, written notice of this designation shall be mailed to the owner or custodian of the animal. The owner or custodian must pay an application fee and apply for the prohibited animal permit within fifteen (15) calendar days after the mailing of the written notice of designation. MACC may deny a prohibited animal permit if it is determined that the animal poses a danger to the public's health, safety, or welfare, or may condition the issuance of the permit upon the permittee's written agreement to comply with conditions of ownership to be determined by MACC. These conditions of ownership may include, but are not limited to, those applicable to animals declared dangerous or potentially dangerous. A prohibited animal permit may subsequently be revoked by MACC if there is cause to believe that the convicted violent felon's continued ownership of the animal poses a danger to the animal's or public's health, safety, or welfare. Any person violating this subsection is subject to any criminal, administrative, or other sanction available under this Code. A person convicted of a violent felony under this article shall not include persons whose convictions were set aside, or persons whose sentences were completed ten (10) years or more in the past. "Misuse" by a convicted felon means use of an animal in a threatening or aggressive manner, or in the commission or furtherance of the commission of a crime. (f) Any animal whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner's expense. (g) An animal that poses a danger to the public health, safety, or welfare if misused by a convicted felon under this section means any of the following: (1) An animal weighing more than twenty (20) pounds; (2) An animal which has been designated a potentially dangerous or dangerous animal under this chapter; or (3) An animal designated by MACC as posing a danger to the public's health, safety, or welfare if misused by a convicted felon based upon the following factors: a. The nature of any complaints regarding the animal. b. The strength of the animal, including jaw strength. c. The animal's tolerance for pain. d. The animal's tendency to refuse to terminate an attack. e. The animal's propensity to bite humans or other domestic animals. f. The animal's potential for unpredictable behavior. g. The animal's aggressiveness. h. The likelihood that a bite by the animal will result in serious injury. This section shall not apply to any assistance animal, including guide animals, signal animals, and service animals, trained or in training to assist a qualified individual with a disability. (Ord. No. 2016-009, § 1, 2-12-16)

Minneapolis Code of Ordinances § 66.90 Prohibitions.

66.90. - Prohibitions. No person shall harbor, hide, or conceal an animal found to be potentially dangerous or dangerous by MACC which has been ordered into custody for disposition. No person shall use or possess any device, equipment, treatment, or products for the strengthening or conditioning of an animal with the intent to enhance the animal's ability to inflict bodily injury upon human beings or domestic animals on public or private property. (Ord. No. 2016-009, § 1, 2-12-16)

Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT4ANCACO_CH66DAPODAANFetched: 11/2/2026