09-29-03 WSMichael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe—
David R. Wendorf
'Also licensed in Illinois
—Also licensed in California
March 6, 2003
City Council Members
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55376
COURI & MACAR THUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 553 76-03 69
(763) 497-1930
(763) 497-1599 (FAA9
couriandmacarthur@pobox.com
RE: Proposed Revisions to City of Otsego Dog Ordinance
Dear Council Members:
Please find enclosed for your review and discussion a proposed dog ordinance revision,
updating the current ordinance which was established back at the time that the City was
still a township. The ordinance language has been updated, the penalty provision have
been updated, and the definitions have been changed and updated.
I have revised the penalty language to accommodate lesser fines for non-compliance such
as failure to have a license. These fines could be established and changed from time to
time by resolution.
I have briefly discussed the revision with the Carrie and have asked her to provide any
comments she may have prior to adoption. This is presented at this time for discussion
and comment. I will be available to further discuss this ordinance and address any
proposed changes the Council may want to consider at that time.
Very truly -yours,
ew J.
Z?h
COURI &THUR
Encl.
Michael C Courr
Andrew I lblacArthur
Robert T. Ruppe--
David R. Wendorf
*A Iso licensed in llfinois
"Also licensed in Califomia
October 24, 2002
City Council Members
City of Otsego
c/o Judy Hudson, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Animal Ordinance
Dear Council Members:
COURT & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couiiandniacarthur@pobox.com
Please find enclosed a copy of the League's model ordinance regarding animals. This
ordinance is significantly broader than the current City ordinance, which only relates to
dogs and is quite outmoded. I think the first step is for the City Council to make basic
decisions as to how much they wish to regulate animals. Based upon that general
direction, a draft ordinance can be established and coordinated with other existing City
Ordinances.
I will be available to further discuss this matter at next Monday's regularly scheduled
City Council meeting.
Very yours,
ew J. acArth
COURI MACARTHUR
Encl.
cc: Dan Licht, City Planner
LEAGUE OF MINNESOTA CITIES
MODEL ANIMAL ORDINANCE
VERSION 5/25/99
Chapter 100 - (XE "Animals")Animals
100.01 {XE 'Definitions: Animals")Definitions {tc "100.01 Definitions" \1 2). As used in this
Chapter, unless the context otherwise indicates, the following words shall be defined to mean:
Subd. 1 Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, bird
(including all fowl and poultry) or other member commonly accepted as a part of the
animal kingdom. Animals shall be classified as follows:
A. Domestic. "Domestic animals" shall mean those animals commonly accepted
as domesticated 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 wild and not naturally 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:
(1) Any member of the large cat family (family felidae) 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, squirrel, or ferret, 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.
C. 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.
Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae
species commonly accepted as domesticated household pets.
Subd. 3 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.
Subd. 4 Owner. "Owner" shall be intended to mean any person or persons, firm,
association or corporation owning, keeping, or harboring an animal.
Subd. 5 {XE "Animals:At Large"}At Large. "At Large" shall be intended to mean off
the premises 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.
Subd. 6 {XE "Permits: Release of Animals"}{XE "Animals: Release Permit"}Release
Permit. "Release Permit" shall mean a permit issued by the Police Department for the
release of any animal that has been taken to the pound. A release permit may be obtained
upon payment of a fee in accordance with that regular license requirement if the animal is
unlicensed, payment of a release fee, and any maintenance costs incurred in capturing
and impounding the animal. The release fee shall be as established from time to time by
resolution of the city council, but not less than twenty-five dollars ($25.00) the first time
an animal is impounded, fifty dollars ($50.00) the second time it is impounded, and
seventy-five dollars ($75.00) for the third and each subsequent time the same animal is
impounded. For the purpose of a release permit, any change in the registered ownership
of an animal subsequent to its impoundment and release shall reset that animal's
impoundment count to the beginning of the fee scale.
100.02 Dogs and Cats{tc "100.02 Dogs and Cats" \12}.
Subd. 1 {XE "Animals: Running at Large Prohibited")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 the guardians of any such person under 18 years of age, to run at
large. Dogs or cats on a leash and accompanied by a responsible person or 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."
Subd. 2 {XE "Licenses: Animals" }(XE "Animals: License")License Required.
A. All dogs over the age of six months kept, harbored, or maintained by their
owners in the City, shall be licensed and registered with the City. Dog licenses
shall be issued by the Clerk -Treasurer upon payment of the license fee. The owner
shall state, at the time 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 distemper and rabies, as provided in this
Section. 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 the Council by resolution.
C. Upon payment of the license fee, the Clerk -Treasurer shall issue to the owner
a license certificate and metallic tag for each dog licensed. The tag shall have
stamped on it the year for which it is issued and 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, a duplicate
shall be issued by the Clerk -Treasurer. A charge of two dollars ($2.00) shall be
made for each duplicate tag. Dog tags shall not be transferable from one dog to
another and no refunds shall be made on any dog license fee or tag because of
death of a dog or the owner's leaving the City before the expiration of the license
period.
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 properly trained to assist blind persons for the purpose
of aiding them in going from place to place.
E. The funds received by the Clerk -Treasurer from all dog licenses and metallic
tags fees shall first be used to defray any costs incidental to the enforcement of
this Section; including, but not restricted to, the costs of licenses, metallic tags,
and impounding and maintenance of the dogs.
Subd. 3 Cats. Cats shall be included as controlled by this sub -section insofar as running -
at -large, pickup, impounding, boarding, licensing and proof of anti -rabies vaccine is
concerned. All other provisions of this Section shall also apply to cats unless otherwise
provided.
Subd. 4 {XE "Cats:Vaccination"}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:
1. Rabies - with a live modified vaccine; and
2. Distemper
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 Clerk -Treasurer or a police officer, the owner shall present
for examination the required certificate(s) of vaccination for the animal(s). In
cases where certificates are not presented, the owner or keeper of the animal(s)
shall have seven days in which to present the certificate(s) to the Clerk -Treasurer
or police officer. Failure to do so shall be deemed a violation of this Section.
100. 03 {XE "Animals:Non-Domestic"}Non-Domestic Animals{tc "100. 03 Non -Domestic
Animals" \12}. 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 time of
adoption of this Code shall have thirty days in which to remove the animal from the City after
which time the City may impound the animal as provided for in this Section. 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.
100.04 {XE "Animals:Farm"}Farm Animals{tc "100.04 Farm Animals" \12}. Farm animals
shall only be kept in an agricultural district of the City, or on a residential lot of at least ten (10)
acres in size provided that no animal shelter shall be within three hundred (300) feet of an
adjoining piece of property. An exception shall be made to this subsection for those animals
brought into the City as part of an operating zoo, veterinarian clinic, scientific research
laboratory, or a licensed show or exhibition.
100.05 {XE "Animals: Impounding") Impounding.
Subd. 1 Running at Large. Any unlicensed animal running at large is hereby declared a
public nuisance. Any 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 office that if the dog or other animal is not claimed
within the time specified in Subd. 3, 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.
Subd. 2 {XE "Animals: Biting"}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 the payment of all costs by the owner. However, if the owner of the
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 the County in which this
city is located, and provide immediate proof of such confinement in such 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.
Subd. 3 {XE "Animals: Reclaiming"}Reclaiming. All animals conveyed to the pound
shall be kept, with humane treatment and sufficient food and water for their comfort, at
least five regular business days, unless the animal is a dangerous animal as defined under
§ 100.11 in which case it shall be kept for seven regular business days or the times
specified in § 100. 11, and except if the animal is a cruelly -treated animal in which case it
shall be kept for ten regular business days, unless sooner reclaimed by their owners or
keepers as provided by this Section. 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 code or established from time to time by resolution of the city council:
A. Payment of a twenty-five dollar ($25.00) release fee and receipt of a
release permit from the police;
B. Payment of maintenance costs, as provided by the pound, per day or
any part of day while 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 and distemper shots is required.
The twenty-five dollar ($25.00) release fee in A is in addition to the release permit fee
specified by § 100.01, Subd. 6.
Subd. 4 {XE "Animals:Unclaimed"}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 officer appointed to enforce this Section may let any
person claim the animal by complying with all provisions in this Section, or the officer
may sell the animal to the University of Minnesota, or cause the animal to be destroyed in
a proper and humaine manner and shall properly dispose of the remains thereof. Any
money collected under this Section shall be payable to the Clerk -Treasurer.
100.06 {XE "Kennels"}{XE "Animals:KenneIs" } Kennels {tc "100.06 Kennels" u 21.
Subd. 1 Definition of Kennel. The keeping of three or more dogs on the same premises,
whether owned by the same person or not and for whatever purpose kept, shall constitute
a "kennel;" except that a fresh litter of pups may be kept for a period of three months
before such keeping shall be deemed to be a "kennel."
Subd. 2 Kennel as a Nuisance. Because the keeping of three or more dogs on the same
premises is subject to great abuse, causing discomfort to persons in the area by way of
smell, noise, hazard, and general aesthetic depreciation, the keeping of three or more
dogs on the premises is hereby declared to be a nuisance and no person shall keep or
maintain a kennel within the City.
100.07 {XE "Nuisances: Animals") {XE "Animals:Nuisances"}Nuisances{tc "100.07 Nuisances"
V 2}.
Subd. 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 for repeated
intervals of at least three minutes with less than one minute of interruption. Such barking
must also be audible off of the owner's or caretaker's premises.
Subd. 2 Damage to Property. It shall be unlawful for any person's dog or other animal to
damage any lawn, garden, or other property, whether or not the owner has knowledge of
the damage. Any animal covered by this subdivision may be impounded as provided in
this Section or a complaint may be issued by anyone aggrieved by an animal under this
Section, against the owner of the animal for prosecution under this Section.
Subd. 3 Cleaning up litter. The owner of any animal or person having the custody or
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. Any person violating this section shall be
punishable by a fine of ten dollars ($10.00) or five (5) hours of public lands fecal clean-
up. Any person who is found guilty of subsequent violations of this section shall be
punished by a fine of at least twenty-five dollars ($25.00) but not more than fifty dollars
($50.00).
Subd. 4 Other. Any animals kept contrary to this Section are subject to impoundment as
provided in § 100.05
100.08 Seizure of Animals. Any police officer or animal control officer may enter upon private
property and seize any animal provided that following exist:
A. There is an identified complainant other than the police officer or animal control
officer making a contemporaneous complaint about the animal;
B. The officer reasonably believes that the animal meets either the barking dog
criteria set out in 100.07, subd. 1; the criteria for cruelty set out in 100.13; or the
criteria for an at large animal set out in 100.01 subd. 5;
C. the officer can demonstrate that there has been at least one previous complaint of
a barking dog; inhumane treatment of the animal; or that the animal was at large
at this address on a prior date;
D. The officer 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
authorized person to have such key shall not be considered unauthorized entry;
and
F. Written notice of the seizure is left in a conspicuous place if personal contact with
the owner of the dog is not possible.
100.09 Animals Presenting a {XE "Animals:Danger to Health and Safety of City")Danger to
Health and Safety of City(tc "100.09 Animals Presenting a Danger to Health and Safety
of City" X12). If, in the reasonable belief of any person or police officer, an animal
presents an immediate danger to the health and safety of any person, 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 person or officer may apprehend the animal and deliver it to the pound for
confinement under § 100.05. If the animal is destroyed, a charge of seventy-five dollars
($75.00) to dispose of the animal is payable by the owner of the animal. If the animal is
found not to be a danger to the health and safety of the City, it may be released to the
owner or keeper in accordance with § 100.05, Subd. 3.
100.10 {XE "Animals: Diseased") Diseased Animals{tc "100.10 Diseased Animals" \12}.
Subd. 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.
Subd. 2 (XE "Animals: Confinement") 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 person or police officer. The police
officer 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
officer 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 at
least seventy-five dollars ($75.00) to cover the cost of maintaining and disposing of the
animal, plus the costs of any veterinarian examinations.
Subd. 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.
100.11 Dangerous Animals.
Subd. 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.
Subd. 2. Destruction of dangerous animal. The animal control officer shall have the
authority to order the destruction of dangerous animals in accordance with the terms
established by this ordinance.
Sube.3. Defmitions.
(1) A dangerous animal is an animal which has:
a. Caused bodily injury or disfigurement to any person on public or private
property; or
b. Engaged in any attack on any person under circumstances which would
indicate danger to personal safety; or
c. Exhibited unusually aggressive behavior, such as an attack on another
animal; or
d. Bitten one (1) or more persons on two (2) or more occasions; or
e. Been found to be potentially dangerous and/or the owner has personal
knowledge of the same, 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. Bitten a human or a domestic animal on public or private property; or
b. When unprovoked, chased or approached a person upon the streets,
sidewalks, or any public property in an apparent attitude of attack; or
c. Has engaged in unprovoked attacks 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. When
a concrete floor is not provided, the sidewalls shall be buried a minimum
of eighteen (18) inches in the ground.
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.
(4) Unprovoked. Unprovoked shall mean the condition in which the animal is not
purposely excited, stimulated, agitated or disturbed.
Subd. 4. Designation as potentially dangerous animal. The animal control officer 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 animal control officer shall cause
one (1) owner of the potentially dangerous animal to be notified in writing that such
animal is potentially dangerous.
Subd. 5. Evidence justifying designation. The animal control officer 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).
Subd. 6. Authority to order destruction. The animal control officer, 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.
Subd. 7. Procedure. The animal control officer, after having determined that an animal is
dangerous, may proceed in the following manner:
(1) The animal control officer 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 animal control
officer 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 animal control or city clerk's
office shall be admissible for consideration by the animal control officer
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 animal control officer
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 the animal control officer.
c. No person shall harbor an animal after it has been found by to be
dangerous and ordered into custody for destruction.
Subd. 8. Stopping an attack. If any police officer or animal control officer is witness to
an attack by an animal upon a person or another animal, the officer may take whatever
means the officer deems appropriate to bring the attack to an end and prevent further
injury to the victim.
Subd. 9. Notification of new address. The owner of an animal which has been identified
as dangerous or potentially dangerous must notify the animal control officer 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.
100.12 Dangerous animal requirements.
Subd. 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 100. 11, Subd. 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 in the minimum
amount of three hundred thousand dollars ($300,000.00);
(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 animal control officer 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
animal control officer.
(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.
Subd. 2. Seizure. Animal control 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.
Subd. 3. Reclaiming animals. A dangerous animal seized under subsection 100. 12, Subd.
2, may be reclaimed by the owner of the animal upon payment of impounding and
boarding fees, and presenting proof to animal control that each of the requirements under
subsection 100. 12, Subd. 2, is fulfilled. An animal not reclaimed under this section within
fourteen (14) days may be disposed of as provided under section 100. 11, Subd. 6, and the
owner is liable to animal control for costs incurred in confining the animal.
Subd. 4. Subsequent offenses. If an owner of an animal has subsequently violated the
provisions under section 100.11 with the same animal, the animal must be seized by
animal control. The owner may request a hearing as defined in section 100. 11, Subd. 6. If
the owner is found to have violated the provisions for which the animal was seized, the
animal control officer 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 subsection 100. 12, Subd. 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
100. 11, Subd. 6 and the owner is liable to the animal control for the costs incurred in
confining, impounding and disposing of the animal.
100.13 {XE "Animals:Basic Care"}Basic Care{tc "100.13 Basic Care" \12}. 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.
100.14 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.
100.15 Enforcing Officer{tc "
❑ 100.14 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.
❑ 100.15 Enforcing Officer" \12}. The Council is hereby authorized to appoint an animal
control officer(s) to enforce the provisions of this Section. 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.
100.16 {XE "Pound, (see animals)") Pound{tc "100.16 Pound" \12}. Every year 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.
100.17 {XE "Animals: Interference with Officers"}Interference with Officers{tc "100.17
Interference with Officers" \12}. 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.
100.99 {XE "Animals: Violations and Penalties ")Violations and Penalties{tc "100.18 Violations
and Penalties" \12}.
Subd. 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.
Subd. 2 Misdemeanor. Unless otherwise provided, violation of this Chapter shall
constitute a misdemeanor punishable by a fine of up to $700 or imprisonment for up to 90
days.
Subd. 3. Petty Misdemeanor. Violations of §§ 100.02, 100.07, 100.13 and 100.14 are
petty misdemeanors punishable by a fine up to $200.
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
ORDINANCE REGULATING THE KEEPING OF DOGS
THE CITY COUNCIL OF THE CITY OF OTSEGO, ORDAINS AS FOLLOWS:
Section 1. Purpose The City Council of the City of Otsego, Wright County, Minnesota,
in order to provide for the health, welfare and safety of the people of the City of Otsego
and in order to provide for the regulation and protection of dogs, hereby establish the
following rules and regulations:
Section 2. Definitions. For purposes of this ordinance the terms contained in this section
shall have the definitions given to them.
A. "Running at large", "run at large", or "at large" means permitting a dog to
stroll, wander, rove, or ramble at will and without constraint or
confinement. "Running at large" shall not include the foregoing conduct
when the same occurs on property owned or leased by the person to whom
a dog belongs.
B. "Owner" means any person, keeper, custodian or legal entity owning,
harboring or keeping a dog, whether temporary or permanent.
C. "Dangerous Dog" and "Potentially Dangerous Dog" have the meanings
given by Minnesota Statutes §347.50 subdivisions (2) and (3) respectively.
D. "Habitually Barking Dog" means any dog that (i) barks, whines, cries or
makes other similar such noises for a period of five minutes or more, with
less than 1 minute intervals between noises or (ii) barks, whines, cries or
makes other similar such noises between the hours of 10:00 p.m. and 7:00
a.m., regardless of frequency, and (iii) any such noises are audible off of the
Owner's property or premises, or such other property or premises upon
which the dog is kept.
E. "Person" shall mean any individual, firm, partnership, corporation, or other
legal entity.
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F. "Animal Warden" shall mean the person appointed by the Otsego City
Council to carry out the duties set forth in this ordinance and to enforce this
ordinance.
G. "Commercial Kennel" shall mean a place where more than three (3) dogs of
over six (6) months of age are kept for purposes of breeding, sale or
Counciling.
H. "Citation" shall mean a notice or complaint issued by the Animal Warden
to the owner of any animal apprising said owner of one or more violations
of this ordinance.
I. "Veterinary Hospital" shall mean a place for the treatment, hospitalization,
surgery, care and Counciling of animals or birds, which place is owned and
operated by a licensed veterinarian.
J. "Under Restraint"- A dog is under restraint if it is on the premises of the
person harboring or keeping the dog; if it is at heel beside a person having
custody of it or obedient to that person's command; if it is within a private
motor vehicle of a person owning, harboring or keeping the dog; or if it is
controlled by a leash not exceeding six (6) feet in length.
K. "Dog Kennel" shall mean any place, building, tract of land, boat or vehicle
wherein or whereupon dogs or kept, congregated, or confined; such dogs
having been obtained from municipalities, dog pounds, dog auction, or by
advertising for unwanted dogs, or dogs abandoned or stolen.
L. "Premises" shall mean any building, structure, shelter or land whereupon
dogs are kept or confined.
M. "Pound Master" shall mean the person or persons from time to time
appointed by the Otsego City Council to carry out the duties of a pound
master as defined by Minnesota Statutes or to enforce this ordinance or
both. The Pound Master and Animal Warden may be the same person.
N. "Public Nuisance Dog or Dogs" shall mean any dog which:
1. Are repeatedly found at large;
2. Damage the property of anyone other than its owner;
3. Is/are vicious animal(s);
4. Causes fouling of the air by odor;
5. Causes unsanitary conditions of enclosures or surroundings;
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6. Are offensive or dangerous to the public health, safety or welfare;
7. Excessively make disturbing noises;
8. Molests passer(s) by or passing vehicles;
9. Attacks other domestic animals;
10. Has been designated by the Animal Warden to be a public nuisance
dog or dogs by virtue of being a menace to the public health, welfare
and safety.
Section 3. Noisy Animals. Habitually Barking Dogs are hereby declared a public
nuisance. No owner shall keep or harbor a Habitually Barking Dog within the City of
Otsego.
Section 4. Dangerous Dogs. "Dangerous Dogs" and "Potentially Dangerous Dogs" are
defined and regulated by Minnesota Statutes §347.50 through §347.55. With regard to
Dangerous Dogs and Potentially Dangerous Dogs, the City of Otsego recognizes Wright
County as the "Animal Control Authority" within the meaning of Minnesota Statutes
§347.50 subdivision 7. When the City learns of such dogs, it will contact and inform the
Animal Warden and/or other appropriate authority.
Section 5. Running at Large Prohibited. No Owner shall permit a dog to run at large
within the City of Otsego and every owner of a dog shall cause the same to be:
A. Confined to the owner's property by training, fencing, or leashing and
females in heat shall be confined in an enclosure and so kept and confined
therein during such entire period and until such dogs shall not attract other
dogs on account thereof.
B. While in any public place such as a school, playground, or a park to be on a
leash, chain or cord of not more than six (6) feet in length and in the
custody of a person of sufficient age to adequately control the dog at all
times.
C. While in all others areas such as on a public street or in an automobile, to
be in the custody of a person of sufficient age to adequately control the dog
at all times, and to keep said dog under control.
Any dog found running at large may be impounded by the City as provided in this
Ordinance and may be destroyed if not timely redeemed as provided in Section eight (8)
below.
Section 6. Leash and Control. The restrictions imposed by the preceding Section four (4)
shall not prohibit the appearance of any dog upon the streets or public property when
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such dog is on a leash and kept under the control of the accompanying person, or when
the dog is not on a leash, but is under the immediate and complete control of the person
charged with its care, either by voice control or other device.
Section 7. Contract- Animal Catcher. The City Council is empowered to contract with an
animal warden, animal pound keeper, a animal catcher and any other officers, including
police officers and sheriff's deputies, necessary to enforce the provisions, terms and
conditions of this ordinance.
Section 8. Enforcement. The provisions of this ordinance shall be enforced by the
Animal Warden or other designated person pursuant to policies established by the City
Council.
Section 9. Right of Entry. The Animal Warden or any other officer shall have the right to
enter upon any premises at all reasonable times for the purpose of discharging the duties
imposed by this ordinance where there is a reasonable belief that a violation of this
ordinance has been committed.
Section 10. License Required. All dogs kept, harbored or maintained by their owners in
the City of Otsego shall be licensed and registered if over six months of age. Dog
licenses shall be issued by the City Clerk or designee upon payment of a license fee of
for each male or female and upon receipt by the Clerk of a certificate from a
qualified veterinarian showing that the dog to be licensed has been given a vaccination
against rabies in compliance with Section 10. Dogs which have been spayed or neutered
may be eligible for a reduced license fee of upon presentation to the Clerk of a
certificate or letter from a qualified veterinarian showing that the Dog has been spayed or
neutered. Such license shall be for a whole or unexpired portion of the two (2) year
period in which the same is issued and shall expire on March 1 of the second (2nd) year
following.
Section 11. Tag and Collar. Upon payment of the license fee, the City Clerk or designee
shall provide and furnish, for each licensed dog, a metallic tag upon which there shall be
stamped or engraved the registered number of the dog, the words "Otsego," and the year
when licensed. 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, a duplicate or new tag will be issued by the Clerk
upon proof that such dog was licensed, and the payment of for such duplicate.
Dog tags shall not be transferable from one dog to another and no refunds shall be made
on any dog license fee because of death of the dog or the owners leaving the City before
expiration of the license.
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Section 12. Rabies Vaccination No license shall be granted for a dog which has not been
vaccinated for rabies with a modified live virus type of vaccine within 18 months prior to
March of the license year for which application is made, or with a killed virus type
vaccine within 3 months prior to March of the license year for which application is made.
A certificate of vaccination or other statement to the same effect executed by a doctor
qualified to practice veterinary medicine in the state in which the dog is vaccinated shall
be prima facie proof of the required vaccination.
Section 13. Record. It shall be the duty of the Animal Warden or any other officer to
keep the following records, subject to inspection by the City Council or their designated
agents as set forth in the following paragraphs:
A. Accurate and detailed records of the licensing, impoundment, and
disposition of dog(s) coming into custody.
B. Accurate and detailed records of all reported bite cases and investigations
for a period of three (3) years.
C. Accurate records of all citations issued for violations of this ordinance.
D. Accurate and detailed records of all money collected and expended in the
operation of the functions of the office.
Section 14. Five (5) Day Notice. Any dog impounded under the provisions of this
ordinance shall be kept in a pound for a period of at least five (5) days after a notice of
such impounding has been posted in the City Hall. If the owner of the dog is known, then
the City shall make reasonable effort to notify the owner of the impoundment. All
impounded dogs shall be fed and treated in a humane manner.
Section 15. Confinement. Every fierce, dangerous or vicious dog that has a history of
biting a human or any domestic animal, shall be confined by the owner within a building
or secure covered enclosure. Such dog(s) shall not be taken out of such building or
secure, covered enclosures unless muzzled and on a leash.
Section 16. Abandonment. It shall be unlawful to abandon any dog within the City of
Otsego.
Section 17. Impounding.
A. The Animal Warden may seize or impound any dog found astray on public
property or claimed to be astray by the owner of the premises upon which
such dog may be found provided that the owner of the premises demands
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such seizure or impoundment and agrees in writing to indemnify and hold
harmless the City from any claims for damages by the owner of said dog.
B. Upon taking and impounding any dog the Animal Warden shall within one
(1) day thereafter post at the front door of the City Hall a Notice of
Impoundment in the form established by the City Council. If the owner of
the dog be known a written Notice of Impoundment, in lieu of posted
notice, shall be served upon the owner either by mail or personal service.
C. Disposition of such impounded stray shall thereafter be pursuant of the
provisions of Section 19.
Section 18. Diseased or Dangerous Dogs.
A. Any dog displaying symptoms of being rabid may be seized at any place or
time and shall be confined in the City dog pound, or other appropriate place
designated for purpose by the City Council form time to time, at the
expense of the owner, until found to be free from rabies.
B. If any dog appears to be diseased, vicious, dangerous, rabid, or has been
exposed to rabies, and such dog cannot be taken up and impounded within
serious risk, such dog may be killed if reasonably necessary for the safety
of any person or persons.
C. When any dog has bitten any person, wherein the skin has been punctured
or the service of a doctor are required, a report of the incident shall be made
to the City by the owner or custodian of the biting animal, or the person
bitten or his/her parent or guardian within twenty-four (24) hours of the
bite.
Section 19. Nuisance Animals. No person shall keep, own, harbor or otherwise posses
within the City a dog which is a public nuisance animal as defined in this ordinance.
Section 20. Disturbing the Peace. It shall be unlawful for any person to own, keep, have
in his/her possession or harbor a dog by which frequent and habitual howling, yelping,
barking or otherwise, shall cause serious annoyance or disturbance to persons or the
neighborhood; provided, however, that the provisions of this ordinance shall not apply to
duly authorized hospitals or clinics established and operating for the treatment of dogs.
No warrant shall be issued except after written notice has been mailed or delivered to the
occupant of the premises where such dog is kept or harbored advising that a complaint
has been made about the dog and calling attention to the provisions of this ordinance.
0
Section 21. Commercial Dog Kennels.
A. No person shall operate a commercial dog kennel in the City without first
obtaining a permit. Applications for such permit shall be made to the City
of Otsego and shall be accompanied by a permit.
B. Commercial kennels shall be kept in a clean and healthful condition at all
times and shall be open for inspection by duly authorized City authorities at
any reasonable time. A commercial kennel permit may be revoked by the
City by reason of the violation of this ordinance or any health or nuisance
order, laws or regulations.
C. No person shall own, harbor, or keep upon his premises more than three (3)
dogs over the age of six months unless in a commercial kennel duly
licensed under this section.
Section 22. Animal Quarters and Commercial Kennels.
A. Animal housing facilities and commercial dog kennel facilities shall be
structurally sound and maintained in good repair. Indoor housing facilities
should be adequately ventilated and have ample light and heat, either
natural or artificial.
B. Dogs kept outside shall be provided with access to shelter to protect them
from the sun, rain and snow, together with adequate bedding when the
temperature falls below 50 degrees Fahrenheit.
C. If dogs are confined by chains, such chains shall be so attached that they
cannot become entangled with the chains of other dogs or other objects.
Chains will be of a size commonly used for the size of dogs involved and
shall be attached to the dog by means of a well -fitted collar. Such chains
shall be at least three times the length of the dog as measured from the tip if
its nose to the base of its tail.
D. Enclosure shall be of sufficient size to allow each dog to turn around fully
and stand, sit, and lie in a comfortable, normal position. The floors of the
enclosure shall be constructed so as to prevent injury to the dog's legs and
feet.
E. The temperature for indoor housing facilities shall not be allowed to fall
below 50 degrees Fahrenheit for dogs not accustomed to lower
temperatures.
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F. Disposal facilities shall be provided to minimize vermin, infestation, odors
and disease hazards.
G. Adequate storage and refrigeration shall be provided to protect food
supplies against contamination and deterioration.
Section 23. Redemption of Animals, Unclaimed Animals, Disposal and Cost of
Impounding. The City, upon the impounding of any dog, may condition redemption of
said dog from impounding upon payment of the required impounding fee as duly set by
the City Council from time to time, plus the cost of boarding for each day said dog has
been confined in said pound. Payment to said impoundment facility for rabies
vaccination, if needed, shall also be paid. If at the end of five (5) days after said
impounding, the dog has not be redeemed, it may be sold at private sale, or the keeper of
the pound may dispose of the dog in a humane manner or pursuant to the terms of
Minnesota Statutes, Section 35.71.
Section 24. Safety of Person(s) Enforcing this Ordinance. The animal catcher or any
other duly designated officer or agent of the City is hereby empowered and authorized to
kill any dog found in violation of this ordinance if said dog cannot be safely taken up and
impounded.
Section 25. Interference with Officers. It shall be unlawful for any unauthorized person
to break open the pound or attempt to do so, or to take or let out any dogs therefrom, or to
take or attempt to take from any officer or agent, any dog taken up by him in compliance
with this ordinance or in any manner to interfere with or hinder such officer or agent in
the discharge of his duties under this ordinance.
Section 26. Penalty. Any person, association, firm, corporation or other legally
recognized entity violating any of the provisions of this ordinance shall be guilty of a
misdemeanor punishable by up to the maximum sentence allowed by law for such
offense, plus cost of prosecution, unless the City Council has by resolution, which may
be amended from time to time, set a fine schedule for particular offenses hereunder. If
the City Council has set a fine schedule for particular offenses hereunder, then sentences
for such violations shall be imposed consistent with said fine schedule. Any dog
determined to have violated the provisions of this ordinance may be impounded, subject
to the terms and provisions of this ordinance and other applicable law.
Section 27. Repealer. Ordinance number 2 (Town of Otsego) is hereby repealed and
replaced by this Ordinance.
ADOPTED by the City
2003.
IN FAVOR:
OPPOSED:
Council of the City of Otsego this day of
This ordinance shall be effective upon passage and publication according to law.
Judy Hudson, City Clerk
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CITY OF OTSEGO
Larry Fournier, Mayor