§ 10.10  ANIMAL LICENSING AND REGULATION.
   Subd. 1.   Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      A.   OWNER.  A person who owns an animal hereby regulated.
      B.   OWN.  To have a property interest in, or to, harbor, feed, board or keep.
(Ord. 136, Second Series, passed 9-16-86)
      C.   DANGEROUS ANIMAL.  Any animal that has:
         1.   Without provocation, inflicted substantial bodily harm on a human being on public or private property;
         2.   Killed a domestic animal without provocation while off the owners property; or
         3.   Been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals.
(Ord. 426, Second Series, passed 11-05-99)
      D.   DOG.  Both male and female and includes any animal of the dog kind.
(Ord. 136, Second Series, passed 9-16-86)
      E.   ANIMAL.  A dog, cat or Vietnamese potbellied pig.
(Ord. 245, Second Series, passed 6-7-91)
      F.   CAT.  Both male and female and includes any animal of the feline kind.
(Ord. 136, Second Series, passed 9-16-86)
      G.   VIETNAMESE POTBELLIED PIG.  Both a male and female Vietnamese potbellied pig.
(Ord. 245, Second Series, passed 6-7-91)
   Subd. 2.   Running at large prohibited.
      A.   It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor. Any animal shall be deemed to be running at large with the permission of the owner unless it is on a durable leash, cord, chain or other similar restraint secured to an object which it cannot move and on the premises of the owner, or on a leash, cord, chain or other similar restraint and under the control of an accompanying person of suitable age and discretion, or effectively confined within a motor vehicle, building or enclosure or on the property of the owner and under the restraint and control of a competent person. The provisions of this subdivision shall not apply to a service animal accompanying a blind person, a service animal accompanying a disabled person, or dogs used in official police activities with the permission of the Police Department.
      B.   For the purpose of this section, SERVICE ANIMAL means a service animal as defined by the Federal Americans with Disabilities Act, as amended.
(Ord. 210, Second Series, passed 6-16-90; Am. Ord. 576, passed 10-19-09; Am. Ord. 609, passed 4-7-14)  Penalty, see § 1.99
   Subd. 3.   License required.  It is unlawful for the owner of any animal, three months of age or more, to fail to obtain a license therefor from the city.  Provided, that the animal licensing age for a kennel, licensed under the City Code, shall be one year.  A single household shall not have in possession more than three animals over 90 days of age unless a member or members of the household holds a kennel license for the premises of the household.
(Ord. 136, Second Series, passed 9-16-86)
   Subd. 4.   License issuance, term and renewal.  All animal licenses shall be issued only upon presentation of a certificate of vaccination against rabies issued by a veterinarian, licensed to practice veterinary medicine in the state.  All animal licenses shall be without limitation as to term.  All animals, as defined in this section (dogs and cats), shall be vaccinated against rabies not less than six months after the birth of the animal.  When applying for a license as required under Subd. 3 above, each owner of an animal shall produce to the City Clerk a certificate by a licensed veterinarian that the animal was vaccinated or revaccinated against rabies with a USDA licensed rabies vaccine.  The certificate shall include the name of the manufacturer of the rabies vaccine, the product name, the vaccine serial number and the date of vaccination or revaccination.
(Ord. 287, Second Series, passed 5-10-93)
   Subd. 5.   Adoption of fees.  All fees for the licensing, impounding and maintenance of animals, including penalties for late application, may be fixed and determined by the Council, adopted by resolution and uniformly enforced.  The fees may, from time to time, be amended by the Council by resolution.  A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Recorder and open to inspection during regular business hours.
   Subd. 6.   Tag required.
      A.   All licensed animals shall wear a collar and have a tag firmly affixed thereto evidencing a current license.  A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing the payment of the duplicate license fee.
      B.   Tags shall not be transferable and no refund shall be made on any license fee because of leaving the city or death of the animal before the expiration of the license.
      C.   An animal shall not be required to wear a collar when the animal is within a building, motor vehicle or enclosure.
   Subd. 7.   Animal Pound.
      A.   Any animal found in the city without a license tag, running at large, in violation of Subd. 2, or otherwise in violation of this section, shall be placed in the Animal Pound, and an accurate record of the time of the placement shall be kept on each animal.
      B.   Every animal so placed in the Animal Pound shall be held for redemption by the owner for a period of not less than five regular business days.
      C.   For the purpose of this subdivision, the following definition shall apply unless the context clearly indicates or requires a different meaning.
         1.   REGULAR BUSINESS DAY.  One during which the Pound is open for business to the public for at least four hours between 8:00 a.m. and 7:00 p.m.
      D.   Impoundment records shall be preserved for a minimum of six months and shall show:  the description of the animal by specie, breed, sex, approximate age and other distinguishing traits; the location at which the animal was seized; the date of seizure; the name and address of the person from whom any animal three months of age or over was received; and the name and address of the person to whom any animal three months of age or over was transferred.  If unclaimed, the animal shall be humanely destroyed and the carcass disposed of.
      E.   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 in which case it shall be kept for seven regular business days, 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:
         1.   Payment of the release fee and receipt of a release permit as established from time to time by Council resolution, as it may be amended from time to time.
         2.   Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound; and
         3.   If a dog is unlicensed, payment of a regular license fee as established from time to time by Council resolution, as it may be amended from time to time, and valid certificate of vaccination for rabies and distemper shots is required.
   Subd. 8.   Notice of impounding.  Upon the impounding of any animal, the owner shall be notified, or if the owner is unknown, written notice shall be posted for five days at the City Hall describing the animal and the place and time of taking.
   Subd. 9.   Release from Animal Pound.  Animals shall be released to their owners, as follows:
      A.   If the animal is owned by a resident of the city, after purchase of a license, if unlicensed, and payment of the impounding fee and maintenance.
      B.   If the animal is owned by a person not a resident of the city, after immunization of any animal for rabies and payment of the impounding fee and maintenance.
   Subd. 10.   Seizure by a citizen.
      A.   It is lawful for any person to seize and impound an animal so found running at large and shall within six hours thereafter notify the Poundmaster of the seizure.
      B.   It shall be the duty of the Poundmaster to place the animal in the City Pound.
      C.   If the name of the owner of the animal so seized is known to the person who first takes the animal into custody, he or she shall inform the Poundmaster of the name of the owner and the address if known.
   Subd. 11.   Immobilization of animals.  For the purpose of enforcement of this section, any peace officer or person whose duty is animal control may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal.
(Ord. 136, Second Series, passed 9-16-86)
   Subd. 12.   Other unlawful acts defined in the keeping of animals.
      A.   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.
      B.   It is unlawful for the owner of any animal to:
         1.   Fail to have the license tag issued by the city firmly attached to a collar worn at all times by the licensed animal;
         2.   Interfere with any police officer or other city employee in the performance of his or her duty to enforce this section;
         3.   Fail to keep his or her cat from emitting loud or unusual noises;
         4.   Keep or harbor a dog which habitually barks or cries; and  (“Habitual barking” shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption, the barking must also be audible off of the caretaker’s premises.)
         5.   Permit their dog or other animal to damage any lawn, garden or other property.
(Ord. 425, Second Series, passed 1-5-99)
   Subd. 13.   Summary destruction.  If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and the animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the person attempting to impound, the animal may be destroyed in a humane manner.
(Ord. 136, Second Series, passed 9-16-86)
   Subd. 14.   Rabies control generally.
      A.   Every animal which bites a person shall be promptly reported to the Chief of Police or Poundmaster and shall thereupon be securely quarantined at the direction of the Chief of Police or Poundmaster for a period of ten days, and shall not be released from the quarantine, except by written permission of the city.  In the discretion of the Chief of Police, the quarantine may be on the premises of the owner or at the veterinary hospital of his or her choice.  If the animal is quarantined on the premises of the owner, the city shall have access to the animal at any reasonable time for study and observation of rabies symptoms.  In the case of a stray animal or in the case of an animal whose ownership is not known, the quarantine shall be at the Animal Pound, or at the discretion of the Chief of Police, the animal may be confined in a veterinary hospital designated by him or her.
(Ord. 274, Second Series, passed 9-21-92)
      B.   The owners, upon demand made by the Poundmaster or by any other city employee empowered by the Council to enforce this section, shall forthwith surrender any animal which has bitten a human or which is suspected as having been exposed to rabies, for the purpose of supervised quarantine.  The expenses of the quarantine shall be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies upon payment of fees set forth in this section and upon compliance with licensing provisions set forth in this section.
      C.   When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the city shall immediately send the head of the animal and rabies data report to the State Health Department for pathological examination and shall notify all persons concerned of the results of the examination.
      D.   The city shall issue the proclamation and take action when rabies is suspected or exists as is required by Minnesota Statutes.
   Subd. 15.   Reports of bite cases.  It is the duty of every physician or other practitioner to report to the Chief of Police the names and addresses of persons treated for bites inflicted by animals, together with other information as will be helpful in rabies control.
   Subd. 16.   Responsibility of veterinarians.  It is the duty of every licensed veterinarian to report to the Chief of Police his or her diagnosis of an animal observed by him or her as a rabies suspect.
   Subd. 17.   Police dogs.  The provisions of this section shall not apply to dogs used in police activities of the city, such as canine corps or tracking dogs used by or with the permission of the Police Department.
(Ord. 576, passed 10-19-09)
   Subd. 18.   Animals in heat.  Except for controlled breeding purposes, every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in a manner that a female animal cannot come in contact with other animals.
(Ord. 136, Second Series, passed 9-16-86)
   Subd. 19.   Maintenance of dog houses, kennels and pens.
      A.   It is unlawful for any person to keep any dog, cat or other animal in the city in an unsanitary place or condition or in a manner resulting in offensive, disagreeable or objectionable odors or in a way as to constitute a nuisance by disturbance by reason of barking, howling, fighting or otherwise or in a way as to permit the animal to annoy, injure or endanger any person or property.
      B.   Every structure, dog house, kennel, yard or pen in which the animals are kept shall be maintained in a clean and sanitary condition and free of all rodents, vermin and objectionable odors.  All structures, dog houses, kennels where animals are kept shall be so constructed as to be easily cleaned and kept in good repair.
      C.   Manure shall be removed with sufficient frequency to avoid nuisance from the odors or from breeding flies.
      D.   No dog house or kennel shall be maintained closer than five feet to any side or rear yard line.  This provision shall apply only to dog houses or kennels erected or constructed after the effective date of this subdivision.
   Subd. 20.   Dangerous animals.
      A.   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 subdivision 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.
      B.   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 chapter.
      C.   Definitions.    For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         1.   DANGEROUS ANIMAL.  An animal which has:
            a.   Caused bodily injury or disfigurement to any person on public or private property;
            b.   Engaged in any attack on any person under circumstances which would indicate danger to personal safety;
            c.   Exhibited unusually aggressive behavior, such as an attack on another animal;
            d.   Bitten one or more persons on two 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.   POTENTIALLY DANGEROUS ANIMAL. An animal which has:
            a.   Bitten a human or a domestic animal on public or private property;
            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. 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 32 square feet.
            b.   Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 1¼-inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 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 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 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. The condition in which the animal is not purposely excited, stimulated, agitated or disturbed.
      D.  Designation as potentially dangerous animal. The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in Subd. 20.C.2. When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous, and shall be given 14 days to appeal this designation by requesting a hearing before the City Council for a review of said determination.
         1. If an owner requests a hearing for determination as to the potentially 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 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, including when circumstances warrant an Order determining the animal is dangerous at which time the provisions of Austin Code § 10.10, Subd. 20.G, Subd. 21, and Subd. 21 shall apply to the disposition of said animal.
         2.  A form for requesting a hearing shall be provided to the owner at the time the owner is advised of the designation of the animal as potentially dangerous, or the owner may obtain such a form from the City Clerk's office upon request during regular business hours.  When submitting a request for hearing, the owner must pay a non-refundable Hearing Fee of $75.  No hearing shall be scheduled absent the payment in full of the Hearing Fee.
         3.  The form for requesting a hearing shall clearly describe the required Hearing Fee described above.
(Am. Ord. 679, passed 2-18-20)
      E.   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 Subd. 20.C.1.
         2.   That the animal has been declared potentially dangerous and the animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in Subd. 20.C.1.
      F.   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 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.
      G.  Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner:  The Animal Control Officer shall cause one 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 orders as deemed proper. The owner shall be notified as to dates, times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination.
         1.  If no appeal is filed, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction, unless the animal is already in custody or the owner consents to the seizure and destruction of the animal.
         2.  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 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 the 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. If the owner does not immediately make the animal available, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction.
         3.  No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction.
         4.  A form for requesting a hearing shall be provided to the owner at the time the owner is advised of the designation of the animal as either dangerous or potentially dangerous, or the owner may obtain such a form from the City Clerk's office upon request during regular business hours. When submitting a request for hearing, the owner must pay a non-refundable Hearing Fee of $75, and a "Hearing Deposit" equal to the city's established impounding fee for animals calculated based on 21 days of potential impounding pending the hearing.  No hearing shall be scheduled absent the payment in full of the Hearing Fee and Hearing Deposit.  The Hearing Deposit shall be applied to the owner's responsibility to pay the impounding fee for all days the animal is impounded, and absent an appeal of an adverse determination at the hearing, the Hearing Deposit shall constitute payment in full of such impounding fees.  If the hearing results in a determination that either the designation of the animal was not substantially justified by law or that the animal should not be destroyed, the Hearing Deposit shall be refunded to the owner and all costs of impounding the animal shall be paid by the city.
         5.  In the event an aggrieved owner appeals an order for destruction made following a hearing to the Court of Appeals, the owner may provide an Appeal Deposit which shall operate to stay the order for destruction pending the outcome of the appeal to the Court of Appeals.  Absent such Appeal Deposit, the Order for Destruction shall not be stayed.  The Appeal Deposit shall be equal to the city's established impounding fee for animals calculated based on 180 days of potential impounding pending the outcome of the appeal to the Court of Appeals. This Appeal Deposit shall be applied to the owner's responsibility to pay the impounding fee for all days the animal is impounded not already covered by the Hearing Deposit. If such Appeal Deposit is insufficient to fully cover such impounding fees, the owner remains responsible for any deficiency. If the appeal results in a determination that the disposition following hearing was not substantially justified by law, the hearing deposit shall be refunded to the owner and all costs of impounding the animal shall be paid by the city.  If the owner disputes the amount of said appeal deposit, the owner shall follow the process governing appellate review of the form and amount of security pending appeal (currently found in Minnesota Rules of Appellate Procedure 108.02, subd. 6).
         6.  The form for requesting a hearing shall clearly describe the required Hearing Fee, Hearing Deposit, and Appeal Deposit described above.
(Am. Ord. 679, passed 2-18-20)
      H.   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.
      I.   Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous shall 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 shall be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current owner’s name and address, the relocation address, and the name of the new owner, if any.
Penalty, see § 1.99
   Subd. 21.   Dangerous animal requirements.
      A.   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 Subd. 20 above;
         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 M.S. § 347.51 as may be amended from time to time;
         3.   Provide and show proof annually of public liability insurance in the minimum amount of $300,000;
         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 feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of a 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 M.S. § 347.51 as it may be amended from time to time, and shall have a microchip implant as provided by M.S. § 347.151, as it may be amended from time to time;
         6.   All animals deemed dangerous by the Animal Control Officer shall be registered with the county in which this city is located within 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.
      B.   Seizure. As authorized by M.S. § 347.54, as it may be amended from time to time, the Animal Control Officer shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within 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.
      C.   Reclaiming animals. A dangerous animal seized under Subpar. B above  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 Subpar. B, is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under Subd. 20.F, and the owner is liable to the city for costs incurred in confining and impounding the animal.
      D.   Subsequent offenses. If an owner of an animal has subsequently violated the provisions under Subd. 20.F with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in Subd. 20.F. 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 Subpar. C above.  If the animal is not yet reclaimed by the owner within 14 days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under Subd. 20.F and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal.
(Ord. 331, Second Series, passed 8-29-94)  (`80 Code, § 10.10)  Penalty, see § 1.99