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
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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
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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.