ORD 04-01CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE SUMMARY
SUMMARY OF CITY OF OTSEGO ORDINANCE NO. 2004-01 RELATED TO
ANIMALS
The following is an approved summary of the above Ordinance No. 2004-01. The Otsego
City Council has determined that the summary accurately summarizes the ordinance and
provides adequate notice to the public of its various terms and conditions.
Ordinance No.2004-01 repeals previous Otsego Ordinance No. 8 related to Dogs.
The Ordinance defines domestic, non-domestic and farm animals and sets forth
regulations as to where farm animals are allowed, and bans non-domestic animals from
the City.
The ordinance sets forth standards for determining when an animal constitutes a nuisance
animal, a potentially dangerous animal, or a dangerous animal and establishes procedures
and restrictions regarding the same. The ordinance also provides for penalties when an
animal is running at large and sets forth a definition of running at large. The ordinance
also limits how many cats and dogs care allowed upon a premises without requiring
approval from the City.
The ordinance provides that most violations are a misdemeanor, except for specific
sections of the ordinance which are designated as petty misdemeanors if not repeated
three times within a year.
ADOPTED by the Otsego City Council this 23d day of February, 2004.
IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner,
Jerry Struthers and Dan Scharber. Absent: Virginia Wendel
OPPOSED: NONE
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CITY OF OTSEGO
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Larry Fomde�,-Mayor
Published: EU River Star News 03-10-04
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2004-01
AN ORDINANCE REGULATING ANIMALS WITHIN
THE CITY OF OTSEGO AND REPEALING OTSEGO
ORDINANCE NO.8 RELATED TO DOGS
The City Council of the City of Otsego, Wright County, Minnesota ordains as
follows:
Section 1. Repealer. Otsego Ordinance No. 8 related to Dogs is hereby repealed
in its entirety.
Section 2. Definitions. As used in this Chapter, unless the context otherwise
indicates, the following words shall be defined to mean:
Subdivision 1. Animal. "Animal" shall mean any mammal, reptile, amphibian,
fish, bird (including all fowl and poultry) or other members commonly accepted as
part of the animal kingdom. Animals shall be classified as follows:
A. Domestic. "Domestic animals" shall mean those animals commonly
accepted as domestic household pets. Unless otherwise defined, such
animals shall include dogs, cats, caged birds, gerbils, hamsters,
guinea pigs, domesticated rabbits, fish, non-poisonous, non-
venomous and non -constricting reptiles or amphibians, and other
similar animals.
B. Non -Domestic. "Non- Domestic animals" shall mean those animals
commonly considered to be naturally and not usually trained or
domesticated, or which are commonly considered to be inherently
dangerous to the health, safety and welfare of people. Unless
otherwise defined, such animals shall include:
Any member of the large cat family (family felidea) including
lions, tigers, cougars, bobcats, leopards and jaguars, but
excluding commonly accepted domesticated house cats.
2. Any naturally wild member of the canine family (family
canidae) including wolves, foxes, coyotes, dingoes, and
jackals, but excluding commonly accepted domesticated
dogs.
3. Any crossbreeds such as the crossbreed between a wolf and a
dog, unless the crossbreed is commonly accepted as a
domesticated house pet.
4. Any member or relative of the rodent family including any
skunk (whether or not descented), raccoon, or squirrel , but
excluding those members otherwise defined or commonly
accepted as domesticated pets.
5. Any poisonous, venomous, constricting , or inherently
dangerous member of the reptile or amphibian families
including rattlesnakes, boa constrictors, pit vipers, crocodiles
and alligators.
6. Any other animal which is not explicitly listed above but
which can be reasonably defined by the terms of this subpart,
including but not limited to bears, deer, monkeys and game
fish, unless explicitly allowed under State law.
Subdivision 2. Farm. "farm animals" shall mean those animals commonly
associated with a farm or performing work in an agricultural setting. Unless
otherwise defined, such animals shall include members of the equestrian family
(horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys),
fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees,
and other animals associated with a farm, ranch, or stable.
Subdivision 3. Cat. "Cat" shall be intended to mean both the male and female of
the felidae species, commonly accepted as household pets.
Subdivision 4. Dog. "Dog" shall be intended to mean both the male and female of
the canine species, commonly accepted as domesticated household pets, and other
domesticated animals of a dog kind.
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Subdivision 5. Owner. "Owner" shall be intended to mean any person or persons,
firm, company, corporation, association or other entity owning, keeping, or
harboring an animal.
Subdivision 6. Animals at Large. "At Large" shall be intended to mean off the
premises (i.e. legal description of record) of the owner and not under the custody
and control of the owner or other person, either by leash, cord, chain, or otherwise
restrained or confined.
Subdivision 7. Animal Release Permit. "Release Permit" shall mean a permit
issued by the Animal Warden for the release of any animal confined. A Release
Permit may be obtained upon payment of a fee as established by Council
resolution, payment of the license fee for the animal if unlicensed, as well as
payment of all costs incurred by the City in capturing, impounding and harboring
the animal. The release fee shall be established from time to time by resolution of
the City Council.
Section 3. Dogs and Cats.
Subdivision 1. Running at Large Prohibited. It shall be unlawful for the dog or cat
of any person who owns, harbors, or keeps a dog or cat, or the parents or
guardians of any such person under 18 years of age, to run at large. Dogs or cats
on a leash and accompanied by and under the control and direction of a
responsible person so as to be effectively restrained by command as by leash, shall
be permitted in streets or on public land unless the City has posted an area with
signs reading "Dogs or Cats Prohibited".
Subdivision 2. License Required.
A. All dogs over the age of six months kept, harbored or maintained by
their owners within the City, shall be licensed and registered with
the City. Dog licenses shall be issued by the City Clerk upon
payment of the license fee. The Owner shall state at the time of
application is made for the license and upon forms provided for such
purpose, his or her name and address and the name, breed, color and
sex of each dog owned or kept by him or her. No license shall be
granted for a dog which has not been vaccinated against rabies, as
provided in this Ordinance. Vaccination shall be performed only by
a doctor qualified to practice veterinary medicine in the state in
which the dog is vaccinated. A veterinarian who vaccinates a dog to
be licensed in the City shall complete a certificate of vaccination.
One copy shall be issued to the dog owner for affixing to the license
application.
B. It shall be the duty of each owner of a dog subject to this Section to
pay to the Clerk -Treasurer the license fee as imposed by resolution
of the City Council.
C. Upon payment of the license fee, the City Clerk shall issue to the
owner a license certificate and metallic tag for each dog licensed.
The tag'shall have stamped on it the number corresponding with the
number on the certificate. Every owner shall be required to provide
each dog with a collar to which the license tag must be affixed, and
shall see that the collar and tag are constantly worn. In case a dog tag
is lost or destroyed, upon application and payment of the required
fee a duplicate shall be issued by the City Clerk. Dog tags shall not
be transferable from one dog to another and no refunds shall be
made on any dog license or tag because of death of a dog or other
reason.
D. The licensing provisions of this Subdivision shall not apply to dogs
whose owners are non-residents temporarily within the City, nor to
dogs brought into the City for the purpose of participating in any dog
show, nor shall this provision apply to "seeing eye" dogs or helper
dogs properly trained to assist disabled individuals.
E. The funds received by the City Clerk from all dog licenses, and
metallic tag fees shall be first used to defray costs incidental to the
enforcement of this Ordinance.
Subdivision 3. Cats. Cats shall be included as within the controls established
within this sub -section of the Ordinance in so far as running -at -large, pickup,
impounding, boarding, licensing and proof of anti -rabies vaccine is concerned. All
other provisions of this Ordinance shall also apply to cats unless otherwise
indicated.
Subdivision 4. Vaccination.
A. All dogs and cats kept harbored, maintained, or transported within
the City shall be vaccinated at least once every three years by a
licensed veterinarian for rabies (with a live modified vaccine).
B. A certificate of vaccination must be kept on which is stated the date
of vaccination, owner's name and address, the animal's name (if
applicable), sex, description and weight, the type of vaccine, and the
veterinarian's signature. Upon demand made by the City Clerk or
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sheriffs deputy, the owner shall present for examination the
required certificates of vaccination for the animals. In cases where
certificates are not presented, the owner or keeper of the animals
shall have seven days in which to present the certificates to the City
Clerk or other designee or sheriff s deputy. Failure to do so shall be
deemed to be a violation of this Ordinance.
Section 4. Non- Domestic Animals Prohibited. It shall be illegal for any person
to own, possess, harbor, or offer for sale, any non-domestic animal within the City
limits. Any owner of such an animal at the defective date of adoption of this
ordinance shall have thirty days from that date in which to remove the animal from
the City after which time the City may impound as provide for in this Ordinance.
An exception shall be made to this prohibition for animals specifically trained for
and actually providing assistance to the handicapped or disabled, and for those
animals brought into the City as part of an operating zoo, veterinarian clinic,
scientific research laboratory, or a licensed show or exhibition.
Section 5. Farm Animals. Farm animals shall only be kept in agricultural
districts of the City or other districts as allowed in the City Zoning Ordinance and
pursuant to restrictions set forth in the Zoning Ordinance. An exception shall be
made to this sub -section for those farm animals brought into the City as part of an
operating zoo, veterinarian clinic, scientific research laboratory, or a licensed
show or exhibition.
Section 6. Impounding.
Subdivision 1. Running at Large. Any unlicensed animal running at large is hereby
declared a public nuisance. Any sheriff s deputy or authorized police officer may
impound any dog or other animal found unlicensed or any animal found running at
large and shall give notice of the impounding to the owner of such dog or other
animal, if known. In case the owner is unknown, the officer shall post notice at the
City Hall that if the dog or other animal is not claimed within the time period set
forth in this Ordinance, it will be sold or otherwise disposed of. Except as
otherwise provided in this Ordinance it shall be unlawful to kill, destroy, or
otherwise cause injury to any animal, including dogs and cats, running at large.
Subdivision 2. Biting Animals. Any animal that has not been inoculated by a live
modified rabies vaccine and which has bitten any person, wherein the skin has
been punctured or the services of a doctor are required, shall be confined in the
City Pound for a period of not less than ten days, at the expense of the owner. The
animal may be released at the end of such time if healthy and free from symptoms
of rabies, and by payment of all costs by the owner. However, if the owner of
animal shall elect immediately upon receipt of notice of need for such confinement
by the officer to voluntarily and immediately confine the animal for the required
period of time in a veterinary hospital of the owner's choosing, not outside of
Wright County, and provide immediate proof of such confinement in such a
manner as may be required, the owner may do so. If, however, the animal has been
inoculated with a live modified rabies vaccine and the owner has proof of the
vaccination by a certificate from a licensed veterinarian, the owner may confine
the dog or other animal to the owner's property.
Subdivision 3. Reclaiming Animals. All animals conveyed to the City Pound shall
be kept, with humane treatment and sufficient food and water for their comfort, at
least five regular business days or any time period specifically set forth in this
Ordinance. Any licensed or implanted animal shall be kept for at least fourteen
(14) days. In case the owner or keeper shall desire to reclaim the animal from the
pound, the following shall be required, unless otherwise provided for in this
ordinance, or established from time to time by resolution of the City Council:
A. Payment of a $25.00 release fee and receipt of a release permit from
the City or designee.
B. Payment of any and all maintenance cost for the animal, per day or
any part of a day while the animal is in said pound; and
C. If a dog is unlicensed, payment of a regular license fee and valid
certificate of vaccination for rabies is required.
Subdivision 4. Unclaimed Animals. At the expiration of the times established in
Subdivision 3, if the animal has not been reclaimed in accordance with the
provisions of this Section, the City's designee may let any person claim the animal
by complying with all provisions of this Section, or cause the animal to be
destroyed in a proper and humane manner and shall properly dispose of the
remains.
Section 7. Dog Kennels and Cat Shelters.
Subdivision 1. Definition of Kennel and Cat Shelter. The keeping of three or more
dogs and/or cats over six (6) months of age on the same premises, whether owned
by the same person or not and for whatever purpose kept, shall constitute a "dog
kennel" or a "cat shelter".
Subdivision 2. Dog Kennel and Cat Shelter as Nuisance. Because the keeping of
three or more cats or dogs on the same premises is subject to great abuse, causing
discomfort to people in the area by way of smell, noise, hazard and general
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aesthetic depreciation, the keeping of three or more cats and/or dogs on the
premises without obtaining a kennel license pursuant to applicable ordinances and
the City Zoning Ordinance is hereby declared to be a nuisance and no person shall
keep or maintain a dog kennel or cat shelter within the City without proper City
authorization.
Section 8. Nuisances: Animals
Subdivision 1. Habitual Barking. It shall be unlawful for any person to keep or
harbor a dog which habitually barks or cries. Habitual barking shall be defined as
barking or crying for repeated intervals of at least three minutes with less than one
minute of interruption. Such barking or crying must also be audible off of the
owner's or caretaker's premises. Repeated barking due to intentional provocation
by an unrelated individual residing off the property of the Owner is not considered
habitual barking for purposes of this ordinance, nor is barking related to a periodic
external stimulus such as a non domestic animal, machinery or unusual activity
within the vicinity of the premises.
Subdivision 2. Damage to Property. It shall be unlawful for any person's dog or
other animal to substantially damage any lawn, garden or other property (including
animals), whether or not the owner has knowledge of the damage. Any animal
causing damage to property may be impounded as provided in this section, or a
complaint may be issued by any party aggrieved by an animal under this Section,
against the owner of the animal for prosecution under this Ordinance.
Subdivision 3. Cleaning up Litter. The owner of any animal or person having the
custody or the control of any animal shall _be responsible for cleaning up any feces
of the animal and disposing of such feces in a sanitary manner whether on their
own property, on the property of others or on public property.
Subdivision 4. Other. Any animals kept contrary to this Section are subject to
impoundment.
Section 9. Seizure of Animals. Any sheriff's deputy, animal control officer or
City designee may enter upon private property and seize any offending animal
provided that any of the following exist:
A. There is an identified complainant other than the deputy, officer or
designee making a contemporaneous complaint about the animal;
B. The deputy, officer or designee reasonably believes that the animal
meets the criteria for a barking dog, cruelty, or for an animal at large
as set forth in this ordinance;
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C. The deputy, officer or designee can demonstrate that there has been
at least one previous complaint of a barking dog, inhumane
treatment of an animal, or that the animal was at large at this address
on a prior date;
D. The deputy, officer or designee has made a reasonable attempt to
contact the owner of the property and those attempts have either
failed or have been ignored;
E. The seizure will not involve the forced entry into a private residence.
Use of a pass key obtained from a property manager, landlord,
innkeeper, or other person authorized to have such key shall not be
considered unauthorized entry;
F. Written notice of the seizure is left in a conspicuous place if personal
contact with the owner of the dog is not possible.
Section 10. Animals Presenting a Danger to Health and Safety of City. If in
the reasonable belief of a deputy, officer or designee, an animal presents an
immediate danger to the health and safety of any person including a deputy,
officer or designee, or the animal is threatening imminent harm to any person, or
the animal is in the process of attacking any person, the officer may destroy the
animal in a proper and humane manner. Otherwise, the deputy, officer or designee
may apprehend the animal and deliver it to the pound for confinement. If the
animal is later determined to be no longer a danger to the health, safety and
welfare of the City, it may be released to its owner.
Section 11. Diseased Animals.
Subdivision 1. Running at Large. No person shall keep or allow to be kept on his
or her premises, or on premises occupied by them, nor permit to run at large in the
City, any animal which is diseased so as to be a danger to the health and safety of
the City, even though the animal be properly licensed under this Section.
Subdivision 2. Confinement. Any animal reasonably suspected of being diseased
and presenting a threat to the health and safety of the public, may be apprehended
and confined in the pound by any deputy, officer or designee. The deputy, officer
or designee shall have a qualified veterinarian examine the animal. If the animal is
found to be diseased in such a manner so as to be a danger to the health and safety
of the City, the deputy, officer or designee shall cause such animal to be painlessly
killed and shall properly dispose of the remains. The owner or keeper of the
animal killed under this Section shall be liable for all costs related to the
apprehension, maintenance and disposal of the animal, plus the costs of any
veterinarian examinations.
Subdivision 3. Release. If the animal, upon examination, is not found to be
diseased within the meaning of this Section, the animal shall be released to the
owner or keeper free of charge.
Section 12. Dangerous Animals.
Subdivision 1. Attack by an Animal. It shall be unlawful for any person's animal to
inflict or attempt to inflict bodily injury to 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 with criminal intent.
Subdivision 2. Destruction of Dangerous Animal. A deputy, officer, or designee
shall have the authority to order the destruction of dangerous animals in
accordance with the terms established by this ordinance.
Subdivision 3. Definitions.
(1) A dangerous animal is an animal which has:
a. Without provocation inflicts substantial bodily harm on a
human being on public or private property; or
b. Killed a domestic animal without provocation while off the
owner's property; or
C. Been found to be potentially dangerous and after the owner
has notice that the animal is potentially dangerous, the animal
aggressively bites, attacks, or endangers the safety of humans
or domestic animals.
(2) A potentially dangerous animal is an animal which has:
a. When unprovoked, inflicts bites on a human or a domestic
animal on public or private property; or
b. 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 animal owner's
property, in an apparent attitude of attack; or
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C. Has a known propensity, tendency or disposition to attack
unprovoked causing injury or otherwise threatening the safety
of humans or domestic animals.
(3) Proper enclosure. Proper enclosure means 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:
a. Have a minimum overall floor size of thirty-two (32) square
feet.
b. Sidewalls shall have a minimum height of five (5) feet and be
constructed of 11 -gauge or heavier wire. Openings in the wire
shall not exceed two (2) inches, support posts shall be one -
and -one -quarter -inch or larger steel pipe buried in the ground
eighteen (18) inches or more. The floor of the enclosure must
be concrete, concrete block or asphalt. In the case of a
dangerous dog the concrete, concrete block or asphalt must be
at least four (4) inches thick.
C. A cover over the entire pen or kennel shall be provided. The
cover shall be constructed of the same gauge wire or heavier
as the sidewalls and shall also have no openings in the wire
greater than two (2) inches.
d. An entrance/exit gate shall be provided and be constructed of
the same material as the sidewalls and shall also have no
openings in the wire greater than two (2) inches. The gate
shall be equipped with a device capable of being locked and
shall be locked at all times when the animal is in the pen or
kennel.
e. A kennel or enclosure shall be subject to inspection for
compliance with this sub- section at least once yearly, and the
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owner shall pay any inspection fee at the rate then in effect
for said inspections.
(4) Unprovoked. Unprovoked shall mean the condition in which the
animal is not purposely excited, stimulated, agitated or disturbed.
Subdivision 4. Designation as potentially dangerous animal. The deputy, officer,
or designee shall designate any animal as a potentially dangerous animal upon
receiving such evidence that such potentially dangerous animal has, when
unprovoked, then bitten, attacked, or threatened the safety of a person or a
domestic animal as stated in subparagraph (c)(2). When an animal is declared
potentially dangerous, the deputy, officer, or designee shall cause one (1) owner of
the potentially dangerous animal to be notified in writing that such animal is
potentially dangerous.
Subdivision 5. Evidence Justifying Designation. The deputy, officer, or designee
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
subparagraph (c)(1).
(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 subparagraph (c)(1).
Subdivision 6. Authority to Order Destruction. The deputy, officer, or designee,
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 (1) or more of the following findings of fact:
(1) The animal is dangerous as demonstrated by a vicious attack, an
unprovoked attack, an attack without warning or multiple attacks; or
(2) 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.
Subdivision 7. Procedure. The deputy, officer, or designee, after having
determined that an animal is dangerous, may proceed in the following manner:
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(1) The deputy, officer, or designee shall cause one (1) owner of the
animal to be notified in writing or in person that the animal is
dangerous and may order the animal seized or make such orders as
deemed proper. This owner shall be notified as to dates, times,
places and parties bitten, and shall be given fourteen (14) days to
appeal this order by requesting a hearing before the city council for a
review of this determination.
a. If no appeal is filed, the orders issued will stand or the
deputy, officer, or designee may order the animal destroyed.
b. If an owner requests a hearing for determination as to the
dangerous nature of the animal, the hearing shall be held
before the city council, which shall set a date for hearing not
more than three (3) weeks after demand for the hearing. The
records of the deputy, officer, or designee or city clerk's
office shall be admissible for consideration by the deputy,
officer, or designee without further foundation. After
considering all evidence pertaining to the temperament of the
animal, the city council shall make an order as it deems
proper. The city council may order that the deputy, officer, or
designee take the animal into custody for destruction, if such
animal is not currently in custody. If the animal is ordered
into custody for destruction, the owner shall immediately
make the animal available to a City designee.
C. No person shall harbor an animal after it has been found by to
be dangerous and ordered into custody for destruction.
Subdivision 8. Stopping an Attack. If any deputy, officer, or designee is witness to
an attack by an animal upon a person or another domestic or farm animal, the
deputy, officer, or designee may take whatever means the officer deems
appropriate to bring the attack to an end and prevent further injury to the victim.
Subdivision 9. Notification of New Address. The owner of an animal which has
been identified as dangerous or potentially dangerous must notify the deputy,
officer, or designee 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 fourteen (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.
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Subdivision 10. City's Option to Use Alternative Enforcement. The City may, at
its option, enforce the above Section through alternative means including
enforcement of relevant State statutes by the City or County.
Section 13. Dangerous Animal Requirements.
Subdivision 1. Requirements. If the city council does not order the destruction of
an animal that has been declared dangerous, the city council may, as an
alternative, order any or all of the following:
(1) That the owner provide and maintain a proper enclosure for the
dangerous animal as specified in Section 12, Subdivision 3(3);
(2) Post the front and the rear of the premises with clearly visible
warning signs, including a warning symbol to inform children, that
there is a dangerous animal on the property as specified in
Minnesota Statute 347.51;
(3) Provide and show proof annually of public liability insurance or
surety bond in the amount of at least fifty thousand dollars
($50,000.00);
(4) If the animal is a dog and is outside the proper enclosure, the dog
must be muzzled and restrained by a substantial chain or leash (not
to exceed six (6) feet in length) and under the physical restraint of a
person sixteen (16) years of age or older. The muzzle must be of
such design as to prevent the dog from biting any person or animal,
but will not cause injury to the dog or interfere with its vision or
respiration;
(5) If the animal is a dog, it must have an easily identifiable,
standardized tag identifying the dog as dangerous affixed to its collar
at all times as specified in Minnesota Statute 347.51;
(6) All animals deemed dangerous by the deputy, officer, or designee
shall be registered with the County in which this city is located
within fourteen (14) days after the date the animal was so deemed
and provide satisfactory proof thereof to the deputy, officer, or
designee.
(7) If the animal is a dog, the dog must be licensed and up to date on
rabies vaccination. If the animal is a cat or ferret, it must be up to
date with rabies vaccination.
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(8) Comply with any and all additional conditions applying to dangerous
dogs as set forth in Minnesota Statutes Section 347.5 1, and as
amended.
Subdivision 2. Seizure. A deputy, officer, or designee shall immediately seize any
dangerous animal if the owner does not meet each of the above requirements
within fourteen (14) days after the date notice is sent to the owner that the animal
is dangerous. Seizure may be appealed to district court by serving a summons and
petition upon the city and filing it with the district court.
Subdivision 3. Reclaiming Animals. A dangerous animal seized under Section 13,
Subdivision 2, may be reclaimed by the owner of the animal upon payment of
impounding and boarding fees, applicable release permit fees, and presenting
proof to animal control that each of the requirements under Section 13,
Subdivision 2, is fulfilled. An animal not reclaimed under this section within
fourteen (14) days may be disposed of as provided under Section 12, Subdivision
6, and the owner is liable to animal control for costs incurred in confining the
animal.
Subdivision 4. Subsequent Offenses. If an owner of an animal has subsequently
violated the provisions under Section 12 with the same animal, the animal must be
seized by a deputy, officer, or designee. The owner may request a hearing as
defined in Section 12, Subdivision 6. If the owner is found to have violated the
provisions for which the animal was seized, the deputy, officer, or designee shall
order the animal destroyed in a proper and humane manner and the owner shall
pay the costs of confining the animal. If the person is found not to have violated
the provisions for which the animal was seized, the owner may reclaim the animal
under the provisions of Section 13, Subdivision 3. If the animal is not yet
reclaimed by the owner within fourteen (14) days after the date the owner is
notified that the animal may be reclaimed, the animal may be disposed of as
provided under Section 12, Subdivision 6 and the owner is liable to the animal
control for the costs incurred in confining, impounding and disposing of the
animal.
Section 14. Basic Care. All animals shall receive from their owners or keepers
kind treatment, housing in the winter, and sufficient food and water for their
comfort. Any person not treating their pet in such a humane manner will be
subject to the penalties provided in this Section.
Section 15. Breeding Moratorium. Every female dog or female cat in heat shall
be confined in a building or other enclosure in such manner that it cannot come in
contact with another dog or cat except for planned breeding. Upon capture and
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failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to
being transferred to a new owner.
Section 16. Enforcing Officer. The Council is hereby authorized to appoint an
officer or designee to enforce the provisions of this Section. The officer may be a
deputy sheriff. In the officer's duty of enforcing the provisions of this Section, he
or she may from time to time, with the consent of the Council, designate
assistants.
Section 17. Pound. From time to time the Council shall designate an official
pound to which animals found in violation of this chapter shall be taken for safe
treatment, and if necessary, for destruction.
Section 18. Interference with Officers. No person shall in any manner molest,
hinder, or interfere with any person authorized by the Council to capture dogs, cats
or other animals and convey them to the pound while engaged in such operation.
Nor shall any unauthorized person break open the pound, or attempt to do so, or
take or attempt to take from any agent any animal taken up by him or her in
compliance with this Chapter, or in any other manner to interfere with or hinder
such officer in the discharge of his or her duties under this Chapter.
Section 19. Violations and Penalties.
Subdivision 1 Separate Offenses. Each day a violation of this Chapter is
committed or permitted to continue shall constitute a separate offense and shall be
punishable as such under this Section.
Subdivision 2 Misdemeanor. Unless otherwise provided, violation of this Chapter
shall constitute a misdemeanor punishable by a fine of up to $1,000 or
imprisonment for up to 90 days.
Subdivision 3. Petty Misdemeanor. Violations of Section 3, Section 8, subdivision
1 and subdivision 3 are petty misdemeanors punishable by a fine of up to $300 per
violation. In the event that an owner commits three of the same or similar petty
misdemeanor violations within a period of one year, the third violation shall be
considered a misdemeanor.
ADOPTED this 23d day of February, 2004 by the Otsego City Council, Wright
County, Minnesota.
IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner,
Jerry Struthers and Dan Scharber. Absent: Virginia Wendel.
OPPOSED: NONE
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ATTEST:
City Clerk
CITY OF OTSEGO
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