HomeMy WebLinkAboutAnimal Bite and Dangerous Dog Ordinance Public 10-01-2025OTTER TAIL COUNTY – MINNESOTA
ANIMAL BITE AND
DANGEROUS DOG ORDINANCE
DRAFT for Public Hearing
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OTTER TAIL COUNTY – MINNESOTA
ANIMAL BITE AND
DANGEROUS DOG ORDINANCE
Adopted Original Effective Date June 5, 2018
Revisions
Objective
County of Otter Tail adopts this ordinance to regulate animal control,
and, in particular, the regulation of potentially dangerous animals,
including domestic, wildlife, and exotic animals that are kept as pets
Policy Statement County of Otter Tail, through this ordinance, authorizes animal control
authority to designated County officials for animal control operations
within its jurisdiction to protect the public from animals that may cause
injury or otherwise threaten the safety of humans or domestic animals.
Scope This ordinance applies in all areas of the county, excluding cities and
townships that have enacted their own ordinances
Statutory References Minnesota Statute Section 145A.05, Subd 2
Minnesota Statutes Sections 347.50 – 347.565
Minnesota Statutes Sections 375.51
Minnesota Chapter 69 of the Session Laws of 1985
The Board of Commissioners of the County of Otter Tail, Minnesota, hereby ordains:
SECTION I: APPLICATION, AUTHORITY AND PURPOSE
This Ordinance is enacted pursuant to the powers granted Otter Tail County in Minnesota Statute Section
145A.05, Subd. 2, and Chapter 69 of the Session Laws of 1985 and Minnesota Statutes Sections 347.50-
347.656. The purpose of this ordinance is to protect the public from animals with a history of inflicting bodily
injury upon humans and potentially dangerous domestic animals.
This ordinance applies to all areas within the county, excluding cities and townships that have their own
ordinance protecting the public from animals
The Otter Tail County Sheriff’s Department shall investigate animal nuisance or public safety risks and
complaints
SECTION II: DEFINITIONS
A. Abandon: Leave an animal unattended or fail to claim an animal upon notice that the animal has
been impounded.
B. Animal: As used in this ordinance, animal means a dog, cat, or any other domestic animal (including
wild or exotic animals). It does not include farm livestock or poultry.
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C. Animal Control Authority: This reference means the Otter Tail County Sheriff’s Department.
D. Bodily Injury: Any physical pain or injury caused by a bite or scratch inflicted by an animal.
E. County: Shall mean the County of Otter Tail.
F. County Board: Shall mean the Otter Tail County Board of Commissioners.
G. Dangerous Dog: This means any dog that has:
1. Without provocation, inflicted substantially bodily harm on a human being on public or private
property;
2. Killed a domestic animal without provocation while off the owner’s property; or
3. Been found to be potentially dangerous, and after the owner has notice that the dog is
potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of
humans or domestic animals.
H. Department: Shall mean a separate part, division bureau, sub-unit or Branch of Otter Tail County
authorized by the county Board to carry out or enforce any provision of a county ordinance.
I. Hearing Officer: This means the “Hearing Officer” for determining the validity of the dangerous dog
declarations shall be the Otter Tail County Administrator or his/her designee.
J. Nuisance: For purposes of this ordinance, an animal creates a nuisance when it endangers or
injures persons while it is off the property of the owner or person in possession of the animal.
K. Person: Shall mean any individual, firm, partnership, public or private corporation or other
organization.
L. Potentially Dangerous Dog: Means any dog that:
1. When unprovoked, inflicts bites on a human or domestic animal on public or private property;
2. 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
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or
otherwise threatening the safety of humans or domestic animals.
M. Substantial Bodily Harm: This shall have the meaning given it under Minnesota Statute Section
609.02, Subd. 7(a).
SECTION III: UNLAWFUL ACTIVITIES
A. It is unlawful for any person who is the owner, or person in possession of an animal to permit that
animal to create a nuisance.
B. It is unlawful for any person to disregard a quarantine directive by the Sheriff’s Department pursuant
to Section VI of this ordinance.
SECTION IV: BITE CASES
A. Quarantine: animals identified as inflicting bodily injury to humans or other animals shall be
quarantined by the Sheriff’s Department. This quarantine shall be for at least ten (10) days, and the
animal shall be held in a holding pen at the Otter Tail County Humane Society or at the office of a
veterinarian, unless the Sheriff’s Department determines that the animal can be properly held on the
owner’s premises. If the animal shows any symptoms of illness during the time of quarantine, an
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examination shall be made by a designated veterinarian. All animals released from quarantine shall
be immunized for rabies unless a current vaccination can be documented.
B. Bite History: any animal inflicting bodily injury on two or more occasions or substantially bodily harm
on one or more occasions is hereby declared a danger to public safety. Written notice that the
animal constitutes a danger to public safety shall be served personally or by certified mail upon the
owner or person in possession of the animal. The notice shall indicate the time and place of a
hearing to determine if the animal should be euthanized or dealt with in some other way to ensure
the protection of the public.
SECTION V: HEARING PROCEDURE
A. Any hearing required under this Ordinance shall be held before the County Administrator or his/her
designee and shall be open to the public.
B. Unless an extension of the time that is requested in writing directed to the County Board is granted,
the hearing will be held no less than fourteen (14) days nor more than thirty (30) days, after service
of the notice on the owner or person in possession of the animal.
C. The notice of hearing shall include:
1. A statement of time, place, and nature of the hearing.
2. A statement of legal authority and jurisdiction under which the hearing is to be held.
D. Conduct of Hearing: The owner or person in possession of the animal may be represented by
counsel. The Sheriff’s Department shall present evidence. All testimony shall be sworn under oath.
All parties shall have full opportunity to respond to and present evidence, cross-examine witnesses,
and present arguments.
E. The Sheriff’s Department shall have the burden of proving the animal a danger to the public safety
and its position on what should be done to protect the public by a preponderance of the evidence,
and all findings in fact, conclusions and decisions by the County Administrator or his/her designee
shall be based on evidence presented and matters officially noticed.
F. All evidence which possesses probative value, including hearsay, may be admitted if it is the type of
evidence on which prudent persons are accustomed to rely on the conduct of their serious affairs.
Evidence which is incompetent, irrelevant, immaterial or duty repetitious may be excluded. The
hearing shall be confined to matters relating to the violation of the ordinance.
G. At the conclusion of the hearing or within fourteen (14) days thereof the County Administrator, or
his/her designee, shall make written findings that the animal is or is not a danger to public safety. If
the animal is found to be a danger, the County Administrator, or designee, may order that such
precautions be taken that will ensure the safety of the public including euthanizing the animal if
appropriate.
H. APPEAL: If the owner or person in possession of animal disagrees with the County Administrator or
his/her designee’s decision they shall have the right to appeal the decision with the Otter Tail County
Board of Commissioners. This appeal shall be filed within fourteen (14) days of the County
Administrator or designee’s decision.
SECTION VI: ENFORCEMENT
A. MISDEMEANOR: Any person who violates the provision of this County Ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be published therefore as provided by law.
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B. CITATION: The County Sheriff’s Department shall have the power to issue violations of this
Ordinance.
C. EQUITABLE RELIEF: In the event of a violation or threat of violation of this Ordinance, the Otter Tail
County Attorney, or his/her designee, may take appropriate action to enforce this Ordinance,
including application for injunctive relief, action to compel performance, or other appropriate action in
court, if necessary, to prevent, restrain, correct or abate such violations or threatened violations.
D. EXPENSES: The owner or person in possession of the animal shall be liable for all expenses
incurred by the county in holding any animal, including any veterinarian fees. These expenses may
be ordered by the Court as a condition of probation when prosecution under this Ordinance has
occurred. If not collected in this manner, the county may collect these expenses from the owner or
person in possession of the animal through a civil action.
SECTION VII: SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a
court of competent jurisdiction, said invalidity does not affect other provisions or applications of the
Ordinance which can be given effect without the invalid provision or application, and for this purpose the
provisions of the Ordinance are severable.
SECTION VIII: EFFECTIVE DATE
This ordinance shall replace the prior Otter Tail County Animal Bite and Dangerous Dog Ordinance. This
updated Ordinance shall be effective on October 1, 2025.
Commissioner Chair Wayne Johnson Attest: Board Clerk
Otter Tail County Board of Commissioners
Otter Tail County, Minnesota