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• <br /> validity of such an ordinance is questionable. Second, a study conducted in San Mateo <br /> after the enactment of the ordinance indicates that the ordinance has not had the <br /> desired result." In fact, there was an initial increase in the number of unwanted pets <br /> and a corresponding decrease in the number of pets adopted. Thus, the ordinance <br /> had the effect of actually increasing the number of animals subjected to euthanasia." <br /> Should a city want to enact a breeding moratorium ordinance, it has been suggested <br /> that the most effective solution would be to direct mandatory spaying and neutering to <br /> humane organizations and shelters which facilitate the adoption of pets. Requiring <br /> these organizations to insist upon spaying or neutering prior to adoption, would <br /> substantially eliminate pet over- population and strays. <br /> D. Dangerous dogs <br /> As stated earlier, Minnesota state law prohibits ordinances that prohibit the ownership <br /> of a specific breed of dog; for example, an ordinance that prohibits the ownership of a <br /> pit bull. Rather, a municipality may declare a particular dog as a dangerous dog <br /> based on certain identifiable characteristics that make that particular dog dangerous. <br /> Whether a dog's particular behavior falls within the applicable classification requires <br /> that the municipality show that an individual dog is dangerous under the criteria set <br /> out in the statute. Specifically, the city must show: the dog has 1) without <br /> provocation inflicted substantial bodily harm on a human being or another domestic <br /> animal; or 2) been found potentially dangerous (inflicts bites without provocation, <br /> chases without provocation, or has a known propensity to attack unprovoked) and <br /> the dog subsequently endangers the safety of humans or domestic animals. <br /> Once a dog has been declared to be a dangerous dog, the owner must register the dog <br /> with the county and meet other statutory requirements. Although it appears under the <br /> statute that the county should take over control of dangerous dogs, a municipality <br /> should consider providing for the control of a dangerous dog under its animal control <br /> ordinance. The county may not have an animal control officer or the municipality may <br /> find that it can better control such animals under its own ordinances. Furthermore, the <br /> state legislature recently passed an act transferring the responsibility of registering <br /> dangerous dogs from Dakota County to the municipalities located in that county. <br /> Anoka County just introduced a bill hoping for a similar result. Thus, there may be a <br /> trend in this area to shift responsibility to the municipalities. <br /> As for potentially dangerous dogs, Minnesota statutes do not impose any limitations <br /> on dogs that fall into this category. A municipality, however, may establish limitations <br /> and restrictions for owners of dogs deemed to be potentially dangerous under the <br /> statute. <br /> It has been suggested that a municipality must provide the dog's owner with the <br /> opportunity to reclassify a dog designated as dangerous to non - dangerous after a <br /> demonstration of reform." However, there is no statutory or case law requiring a <br /> municipality to reclassify the dog. <br /> G.' l'CLCll . 17 %.4 9911CICLIII OTZBOCAUMLILII CD II' PO 62 CWYn„u lurye.f M! . cU Cuu 019N <br />