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MN-Breakdown of Elk River's dangerous dogs ordinance

Vicki

Administrator
MN-Breakdown of Elk River’s dangerous dogs ordinance

Breakdown of Elk River’s dangerous dogs ordinance

Monday, 05 October 2009
by Elizabeth Nelson
Staff writer

In response to a series of new state laws, the Elk River City Council recently adopted an ordinance to deal with dangerous and potentially dangerous dogs.

Elk River Police Capt. Bob Kluntz said over the past few years more and more incidents of dog bites have been reported.

Since Jan. 1, the department has taken a total of 23 animal complaints involving dog bites, he said.

In these situations it’s normally one of two things, Kluntz said.

One is when the aggressor dog gets off its property, or is maybe off leash, and it goes after another pet either in the street, possibly passing the house, or on another’s property.

The other common call, which is similar, is when the dog bites a person.

“We often see it with a delivery person coming on to the property where the dog will bite the delivery person,†Kluntz said.

In both situations, it comes down to improper monitoring by the dog’s owner, he said.

“It’s a question of the owners being in control of that animal,†Kluntz said.

Most of the time, the owner is surprised their dog bit someone, he said. However, they need to remember their dog is an animal which still runs on instinct and can be unpredictable.

In the dog’s mind, Kluntz said, it probably thinks it is being protective.

Legal definition-wise, the dog that is deemed dangerous is reacting “unprovoked,†although, Kluntz reminds owners, the actual definition and what’s in a dog’s head are two different things.

“If it’s protecting its property, it thinks it’s doing the right thing and it’s up to the owner to take control,†he said.

In the past, most of the dog bites haven’t been really serious, although two dogs have been euthanized because of bites.

One of those incidents involved a little boy being bit in the arm, and the other was a baby bit in the head.

In both situations, the owners chose to put the dogs down, Kluntz said.

Recent bite

On Sept. 25 the Elk River Police Department took a call after a 6-year-old boy was bitten by a white Great Dane.

The child was bitten while playing at Deerfield Hill Park in the 19200 block of Carson Street.

Kluntz said the boy and his sister saw a woman walking the Great Dane and another husky-type smaller dog.

The little boy asked the owner if he could pet the smaller dog.

The owner said it was fine, but when the little boy reached down for the pet, the Great Dane took a nip at his shoulder, causing a puncture wound.

“That’s one of those things where the Great Dane was probably protecting the small dog,†Kluntz said.

Now the Elk River Police Department is asking for the public’s help in locating the dog’s owner who left the scene after the bite.

Kluntz said she told the little boy and sister the area in which she lived before leaving in either a black four-door pickup or Chevrolet Avalanche.

Anyone with any information should call the police department at 763-635-1260 and ask to speak with an animal control officer.

No common breeds

When looking at all the dog bite complaints, there really isn’t a pattern of breed, either.

Calls have come in about Labradors, rottweilers, huskies, all types of dogs, he said.

“It really goes back to the training and the owner having to take responsibility,†Kluntz said.

Many have called for stricter laws regarding what many consider dangerous breeds like pit bulls and rottweilers, but state law forbids cities from making decisions on breeds.

“We can’t legally say that the breed is specifically not allowed because statute forbids us from doing that,†Kluntz said. “We can’t be prejudiced against any particular breed. We have to evaluate each particular dog to their actions.â€

Dangerous dogs definitions

As defined by city ordinance 10-91 a: a “dangerous dog†means that a dog:

•Has when unprovoked, inflicted substantial bodily harm on a person on public or private party.

•Has killed a domestic animal when unprovoked while off the owner’s property.

•Has attacked one or more person on two more occasions

•Has been found to be potentially dangerous and after the owner has been informed of this, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals.

•Has previously been declared a dangerous dog pursuant to Minnesota Statues, sections 347.50 to 347.565 by the animal control authority or another jurisdiction.

A “potentially dangerous dog†means that a dog:

•Has when unprovoked, inflicted a bite on a person or domestic animal on public or private property.

•Has when unprovoked chased or approached a person, including a bicyclist, on the streets, sidewalks or any public or private property, other than the owner’s property, in an apparent attitude of attack.

•Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of people or domestic animals.

•Has previously been declared a dangerous dog pursuant to Minnesota Statues, sections 347.50 to 347.565 by the animal control authority or another jurisdiction.

http://erstarnews.com/content/view/9588/26/