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ORD 10-04ORDINANCE NO.: 2010-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REPEALING ANIMAL LICENSING REQUIREMENTS AND REGULATION OF DANGEROUS DOGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-1-3 of the City Code is hereby amended to read as follows: 5-1-3: DOGS AND CATS: A. 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 eighteen (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". B. Cats. Cats shall be included as within the controls established within this sub -section of this Section in so far as running -at -large, pickup, impounding, boarding, and proof of anti -rabies vaccine is concerned. All other provisions of this Section shall also apply to cats unless otherwise indicated. C. Vaccination. 1. All dogs and cats kept harbored, maintained, or transported within the City shall have current vaccinations given by a licensed veterinarian for rabies (with a live modified vaccine). 2. 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 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 (7) days in which to present the certificates to the City Clerk or other designee or sheriffs deputy. Failure to do so Section 2. follows: shall be deemed to be a violation of this Ordinance. Section 5-1-6.A of the City Code is hereby amended to read as A. Running at Large. Any animal running at large is hereby declared a public nuisance. Any sheriffs deputy or authorized police officer may impound any dog or other animal found 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 Section, it will be sold or otherwise disposed of. Except as otherwise provided in this Section it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs and cats, running at large. Section 3. Section 5-1-6.0 of the City Code is hereby amended to read as follows: C. 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 fourteen (14) days. In case the owner or keeper shall desire to reclaim the animal from the pound, the 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 shall be required. Section 4. Section 5-1-11.A of the City Code is hereby amended to read as follows: A. 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. Section 5. Section 5-1-12 of the City Code applicable to dangerous animals is hereby repealed. Section 6. Section 5-1-13 of the City Code applicable to requirements for dangerous animals is hereby repealed. Section 7. Section 5-1-14 of the City Code is hereby amended and renumbered as follows: 5-1-12: 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 8. Section 5-1-15 of the City Code is hereby amended and renumbered as follows: 5-1-13: 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 failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a new Owner. Section 9. Section 5-1-16 of the City Code is hereby amended and renumbered as follows: 5-1-14: ENFORCING OFFICER: The City 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 City Council, designate assistants. Section 10. Section 5-1-17 of the City Code is hereby amended and renumbered as follows: 5-1-15: POUND: From time to time the City 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 11. Section 5-1-18 of the City Code is hereby amended and renumbered as follows: 5-1-16: INTERFERENCE WITH OFFICERS: No person shall in any manner molest, hinder, or interfere with any person authorized by the City 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 Section, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Section. Section 12. Section 5-1-19 of the City Code is hereby amended and renumbered as follows: 5-1-17: VIOLATIONS AND PENALTIES: A. Separate Offenses. Each day a violation of this Section is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Section. B. Misdemeanor. Unless otherwise provided, violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000 or imprisonment for up to ninety (90) days. C. Petty Misdemeanor. Violations of Sections 5-1-3, 5-1-8-A, and 5-1-8.0 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. Section 13. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: CM HEIDNER SECOND BY: MAYOR STOCKAMP ALL IN FAVOR: MAYOR STOCKAMP; COUNCILMEMBERS: HEIDNER, DARKENWALD AND SCHARBER. THOSE OPPOSED: NONE. ADOPTED by the Otsego City Council this 26th day of April, 2010. ATTEST:ajxl `i Tami Loff, City Clerk CITY OF OTSEGO :�- SUMMARY OF ORDINANCE NO.: 2010-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ' CITY CODE OF THE CITY OF OTSEGO REPEALING ANIMAL LICENSING REQUIREMENTS AND REGULATION OF DANGEROUS DOGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-1-3 of the City Code is hereby amended to repeal license requirements for all dogs over the age of six (6) months within the City. Section 2. Section 5-1-6.A of the City Code is hereby amended to repeal reference to unlicensed animals. Section 3. Section 5-1-6.0 of the City Code is hereby amended to repeal reference to unlicensed animals. Section 4. Section 5-1-11.A of the City Code is hereby amended to repeal reference to unlicensed animals. Section 5. Section 5-1-12 of the City Code applicable to dangerous animals is hereby repealed. Section 6. Section 5-1-13 of the City Code applicable to requirements for dangerous animals is hereby repealed. Section 7. Section 5-1-14 of the City Code is hereby amended and renumbered as Section 5-1-12 of the City Code. Section 8. Section 5-1-15 of the City Code is hereby amended and renumbered as Section 5-1-13 of the City Code. Section 9. Section 5-1-16 of the City Code is hereby amended and renumbered as Section 5-1-14 of the City Code. Section 10. Section 5-1-17 of the City Code is hereby amended and renumbered as Section 5-1-15 of the City Code. Section 11. Section 5-1-18 of the City Code is hereby amended and renumbered as Section 5-1-16 of the City Code. Section 12. Section 5-1-19 of the City Code is hereby amended and renumbered as Section 5-1-17 of the City Code. Section 13. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the Otsego City Council this 26th day of April, 2010. CITY OF OTSEGO r � .6_i i�I ;FARdfM - ATTEST:3amL--m— U W 4= Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours.