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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. 1 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; 2 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 3 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. 4 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 5 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. 7 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 \\B06tnpp6k*WS c\Bob\Cit"\Owego\nog Or&mccOI goal msiw.&c E CITY OF OTSEGO Larry Fournier, Mayor