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ORD 331 Amending Ord 45 Dogs CatsCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 331 •. � I 1 •11 1 • AN ORDINANCE REGULATING DOGS AND CATS, PROVIDING FOR THE LICENSING OF DOGS AND THE IMPOUNDING OF DOGS AND CATS, AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Mendota Heights hereby ordains as follows: Section 1. Ordinance No. 45 (Codified as Ordinance No. 1301), "AN ORDINANCE REGULATING DOGS AND CATS, PROVIDING FOR THE LICENSING OF DOGS AND THE IMPOUNDING OF DOGS AND CATS, AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF" is hereby amended in its entirety so that as amended it shall read as follows: SECTION 1. DEFINITIONS 1.1 Owner: Any person, group of persons or corporation owning, keeping, or harboring a dog or dogs. The "Harborer" of a dog shall mean any person who has the custody of any dog or permits the same to be kept or stay on or about his premises. 1.2 Kennel: Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs. 1.3 At Large: A dog shall be termed to be at large when it is not under restraint as defined in this ordinance. 1.4 Restraint: A dog is under restraint, within the meaning of this Ordinance, if it is controlled by leash not exceeding six feet in length or by a competent person and immediately obedient to that person's command, or if it is within a vehicle being driven or parked on the public streets, or if it is within the property limits of its owner's premises. 1.5 Animal Shelter: Any premises designated by action of the City Council for the purposes of impounding and caring for all animals in violation of this ordinance. 1.6 Animal Warden: The person or persons designated by the City Council as the enforcement officer of this ordinance. 1.7 Potentially Dangerous Dog: A dog that has been determined by the City of Mendota Heights to be Potentially Dangerous. 1.8 Dangerous Dog: A dog that has been determined to be dangerous by the City of Mendota Heights. 1.9 Substantial Bodily Harm: Means bodily injury, which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member as defined in Minnesota Statute 609.02 Subd. 7A. SECTION 2. LICENSING 2.1 Except as provided in Section 18, no person shall own, keep, or harbor any dog within the city limits unless such dog is licensed as herein provided. Written application for such license shall be made to the City Clerk and .shall .state the name an4-address and telephone number of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making the application, a numbered receipt shall be given to the applicant, and a numbered metallic tag shall be issued to the owner. In addition, any owner who makes application for a dog license for any dog six (6) months of age or older shall furnish proof of the date the dog received its last rabies inoculation. No license shall be issued for any dog which has not received a rabies inoculation within the one, two or three year effective period of the vaccine last used. 2.2 The dog, lost dog tag, and transfer fees shall be as determined by the City Council. 2.3 All dog licenses shall be issued for one year beginning with the first day of June. Application for licenses may be made sixty (60) days prior to the start of the licensing year, and thereafter during the licensing year. Any owner who secures a dog after the start of the license year shall be allowed thirty (30) days after acquiring such dog to secure a license and must submit with his/her application for a dog license file an affidavit identifying the dog and stating the date of its acquisition. 2.4 Any dog owner, upon first becoming a resident of the City of Mendota Heights, shall be allowed thirty (30) days from such time within which to obtain the dog license required herein. An owner of a new born dog or dogs shall be allowed sixteen (16) weeks from the date of birth of such dog or dogs within which to obtain the dog license or licenses required herein, but the number of such licenses is limited to the number of dogs permitted under Section 6.2 herein. 2.6 In the event that the metallic license tag issued for a dog shall be lost or stollen, the owner may obtain a duplicate tag by surrendering the receipt issued for the lost or stolen tag and upon the payment of the fee as established under Section 2.2 herein. 2.7 If there is a change of ownership of a dog during the license year, the new owner may have the current license changed to his/her name by surrendering the receipt issued for the first tag and upon the payment of a transfer fee. as established under 2.2 herein. SECTION 3. TAG AND COLLAR 3.1 Upon complying with the provisions of this ordinance, the City shall issue to the owner a metallic dog license tag, stamped with a number and the year for which the dog license tag is issued. 3.2 Every owner is required to keep a the valid tag securely fastened to the dog's choke chain, collar or harness, which must be worn by the dog at all times: 3.3 No person shall counterfeit an official dog license tag of this city, or use such a counterfeit tag, or abet another in the counterfeit manufacture or use of an official dog license tag of this city.. SECTION 4. RESTRAINT OF ALL DOGS AT ALL TIlMIES 4.1 No owner of a dog shall permit his/her dog to be at large in this city, but shall keep such dog under restraint at all times. SECTION 5. CONFINEMENT INDOORS OF CERTAIN DOGS 5.1 The owner of a dog shall confine within a building or secure enclosure every fierce, dangerous or vicious dog, except when securely muzzled and in the control of a competent person in accordance with this ordinance. 5.2 Every female dog in heat shall be confined in a building, secure enclosure, veterinary hospital or boarding kennel. SECTION 6. KEEPING OF NUISANCE DOGS PROHIBITED 6.1 No person shall keep or harbor a dog which habitually barks or cries. Any such dog is hereby declared a public nuisance. 6.2 No person shall keep more than three (3) dogs or cats over sixteen (16) weeks of age upon any premises within the City limits. The keeping of more than three (3) such dogs or cats is hereby declared to be a public nuisance. SECTION 7. SITING 7.1 No owner shall permit his/her dog to attack or bite a person outside the owner's premises. SECTION 8. ANIMAL SHELTER 8.1 The City Council may provide for a City -owned animal shelter or may designate as the animal shelter of the City a suitable kennel either within or outside the City. SECTION 9. ANIMAL WARDEN AND ASSISTANTS 9.1 The City Council shall designate the .Animal Warden and may, if it so determines, appoint such additional persons as it may deem necessary to aid and assist such Animal Warden in the performance of his/her duties hereunder. All references to the Animal Warden in this ordinance shall be deemed to include such assistants. Such persons and the police officers of the City are authorized to cite owners of dogs for violations of this Ordinance, in addition to their authority to impound dogs as prescribed by Section 10.1 herein. SECTION 10. IMPOUNDING DOGS 10.1 The Animal Warden and his/her assistants and any police officer of the City may take up and impound any dog found not to be kept, confined or restrained in the manner required by this Ordinance. To enforce this Ordinance, such officers may enter upon private premises whenever there is reasonable cause to believe that a dog is not being kept, confined or restrained as herein required. Any dog so impounded shall be confined in the Animal Shelter in a humane manner for a period of not less than five (5)- days, if not claimed prior thereto by the owner. If said dog is not claimed by its owner within the five (5) day period, it shall become property of the City, and may be disposed of in a humane manner or may be sold to or placed in the custody of some other suitable person. If a dog is destroyed pursuant to this chapter, the license for such dog shall expire. 10.2 Immediately upon the impounding of a dog wearing a current license, the Animal Warden shall make reasonable effort to notify the owner of such dog of such impoundment and of the conditions whereby the owner may regain custody of the dog. The Animal Warden shall immediately confirm any verbal notices in writing. 11.1 Any dog impounded hereunder, not being held for suspected disease, may be reclaimed by the owner within five (5) days, upon payment of the owner to the City of an impounding fee as determined by the City Council. plus the cost of the City for keeping such dog in the City Animal Shelter. If the dog so reclaimed requires a license under the provisions of this Ordinance, such license shall be obtained pursuant to Section 2 herein before such dog is released. No person shall interfere with, hinder, or obstruct the Animal Warden or any of his/her assistants or any police officer in the performance of their duties hereunder, or seek to release any animal in the custody of the Animal Warden except. as herein provided. If a dog is diseased, vicious, dangerous, rabid or exposed to rabies and such dog cannot be impounded after a reasonable effort, or cannot be impounded without serious risk to the persons attempting to impound, 1 such dog may be immediately killed. SECTION 14. DISEASED ANIMALS 14.1 Whenever the Animal Warden or any police officer has reason to believe that any dog or cat in the City of Mendota Heights has been exposed to rabies, or whenever the Animal Warden or any City police officer has reason to believe that a dog or a cat has bitten any person within the City of Mendota Heights, the Animal Warden, or any City police officer, is hereby authorized and empowered to take such dog or cat to the Animal Shelter and there keep such dog or cat for a reasonable to determine whether such dog or cat is diseased and no diseased dog or cat shall be killed unless so ordered by the. Chief of Police. The cost of keeping such dog or cat in the City Animal Shelter shall be paid by the owner of such dog or cat. Such impounding may be by the owner who must keep such dog or cat inaccessible to other animals and confined within a building approved by the Chief of Police and the owner shall furnish proof in writing that such dog or cat is being impounded, unless a complaint is signed by the person bitten, or a parent or legal guardian of the person bitten, which requires impoundment at the City Animal Shelter. On expiration of such impoundment period, if the dog or cat is not deceased, it may. be released. If the dog or cat is impounded in the Animal Shelter, such dog or cat may be reclaimed on expiration of such impoundment period after payment by the owner of the costs of such impoundment. 1701ne N, i I v 15.1 It shall be the duty of every physician or any other person to report to City Police Department the names and addresses of persons treated for bites inflicted by animals within the City of Mendota Heights, together with such other information as will be helpful in disease control. SECTION 16. RESPONSIBILITIES OF VETERINARIANS 16.1 It shall be the duty of every licensed veterinarian to report to the City Police Department his/her diagnosis of any animal within the City of Mendota Heights observed by him/her as a rabies suspect and the police department shall immediately take the steps prescribed by Section 14.1 herein. SECTION 17. INVESTIGATION 17.1 For the purposes of discharging the duties imposed by this Ordinance and to enforce its provisions, the Animal Warden or any police officer of this City is empowered to enter upon the premises upon which a dog is kept or harbored and to demand the exhibition by the owner of such dog and/or the license for such dog. The Animal Warden or any police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in his/her opinion, it requires humane treatment. SECTION 18. EXEMPTIONS 18.1 Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this chapter except where such duties are expressly stated. 18.2 The licensing requirements of this chapter shall not apply to any dog belonging to a non - resident of the City and kept within the City for not longer than thirty (30) days provided that all such dogs shall at all times while within the City be kept under restraint. SECTION 19. RECORDS 19.1 It shall be the duty of the Animal Warden to keep or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his/her its custody. It shall be the responsibility of the City Clerk to keep or cause to be kept, accurate and detailed records of dog licensing. 19.2 It shall be the duty of the police department to keep, or cause to be kept, accurate and detailed records of all animal bite cases under section 15.1 herein. 19.3 The Animal Warden shall account for any pay over monthly to the City any money received by him/her on behalf of the City hereunder, and shall also give an accurate written report to the City police department stating all monies collected, all dogs impounded and the duration of impoundment, and all dogs destroyed. SECTION 20. DOG WASTE 20.1 It is unlawful for any person to cause or permit a dog to be. on any property, whether public or private, not owned or possessed by such person, unless such person has in his/her immediate possession a device for the removal of excrement and the transmission of excrement to a proper receptacle located upon property owned or possessed by such person. 20.2 It is unlawful for any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person, to fail to remove excrement left by such dog to a proper receptacle. 20.3 The provisions of this section shall not apply to the ownership or use of seeing eye dogs by blind persons, dogs used in police activities by the City, or tracking dogs when used by or within the permission of the City. SECTION 21. POTENTIALLY_ DANGEROUS DOGS/DANGEROUS DOGS 21.1 For the purpose of this Section, Potentially Dangerous Dog means any dog that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; or (2) When unprovoked, chases or approaches a person upon the streets, sidewalks or any public property in an apparent attitude of attack; or (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 21.2 For the purpose of this section, Dangerous Dog means any dog that has: (1) Without provocation, inflicted substantial bodily harm on a human on public or private property; or (2) Killed a domestic animal without provocation while off the owner's property; .or (3) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 21.3 The Mendota Heights Police Department may declare a dog to be Potentially Dangerous or Dangerous when it has reason to believe the dog is potentially dangerous or dangerous as defined herein. A written notice declaring the dog Potentially Dangerous or Dangerous will be served upon the owner of the dog. Such notice will include a copy of the provisions of this Section and Minnesota Statues Sections 347.50 — 347.55. 21.4 Any owner of a dog declared Dangerous may appeal by serving upon the City Clerk within three (3) business days of receipt of the notice declaring the dog Dangerous, inclusive of the date the notice is received, a written notice of appeal. A hearing officer shall hear the appeal hearing within fourteen (14) days of the date the declaration notice is served upon the dog owner. The appeal hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. A record shall be made of the hearing. The hearing need not be transcribed but may be transcribed at the sole expense of the party who requests transcription. After considering all evidence submitted, the hearing officer shall make written findings of fact and reach a conclusion whether the dog is a dangerous dog. The findings and conclusions shall be made and served upon the dog owner within five (5) business days of the appeal hearing. An owner's right to appeal or otherwise contest a Dangerous Dog declaration shall be deemed waived if the owner fails to serve a written request for appeal as required herein or fails to appear at the scheduled appeal hearing. 21.5 No person shall permit a Dangerous Dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a Dangerous Dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings and the like. In addition, all Dangerous Dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons 'or other animals. 21.6 All Dangerous Dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine Dangerous Dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house Dangerous Dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. 21.7 No Dangerous Dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure. 21.8 All owners of Dangerous Dogs within the city shall immediately display in a prominent place on their premises, and on.the kennel or pen of the dangerous dog, a sign easily readable by the public using the words, "Beware of Dangerous Dog." In addition, a second sign, as approved by the Minnesota Department of Public Safety, which depicts a warning symbol, shall be displayed in close proximity to this first sign. 21.9 All owners of dangerous dogs must, within thirty (30) days of receiving notification that their dog has been declared a dangerous dog, provide proof to the City Clerk of liability insurance in a single incident amount of two- hundred -fifty thousand dollars ($250,000.00) for bodily injury to or death of any person or persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the City Clerk. 21.10 All Dangerous Dogs must be registered with the Mendota Heights Police Department within sixty (60) days after the effective date of this Section and annually thereafter during the month of January of each year. At the time of registration each owner of a Dangerous Dog must provide the City Clerk with proof of liability insurance. 21.11 The owner of each dog having been declared Potentially Dangerous or Dangerous by another political entity shall notify the Mendota Heights Police Department in writing when the owner moves into the city with the dog. In addition, the owner of each dog which has been declared Potentially Dangerous or Dangerous by the City of Mendota Heights shall notify the Mendota Heights Police Department in writing when moving from Mendota Heights. Such notification shall include the owner's new address. 21.12 It shall be unlawful for the owner of a Dangerous Dog to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal requiring the immediate removal of the animal from the city. SECTION 22. PENALTY. Any person violating any of the provisions of this Ordinance shall, upon conviction therefor, be punished by a fine of not to exceed Seven Hundred Dollars ($700.00), or by imprisonment for not to exceed ninety (90) days, or both. Section 2. This ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an ordinance this Eighteenth day of May, 1999. ATTEST: K thleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS an dra Krebsbach Acting Mayor._