(A) Notices.
(1) At the earliest practical time after an animal is impounded, the duly designated Animal Control Officer or his or her designee shall notify the owner personally or by mail, if such owner be known to him or her or can be ascertained with reasonable effort, of the impoundment of the animal.
(2) If the owner is unknown, such notifying agents shall post notices at the animal containment facility and Police Department, giving a reasonable description of the animal so impounded and the approximate time when and location where the animal was picked up for impoundment.
(3) The notice shall also state that, if the animal is not claimed within five regular business days after the animal has come into possession of the animal containment facility, the facility shall dispose of the animal.
(4) The animal containment facility or Police Department may mail a notice to an owner who fails to claim an impounded animal stating that, if the owner fails to retrieve the animal within five regular business days from the date of mailing, the animal shall be deemed abandoned and may be adopted or euthanized. The owner shall be liable for fees and expenses incurred by the city in connection with the impoundment.
(5) Disposition of unclaimed animals. If the animal is not claimed within the time specified and all fees and charges paid in connection therewith, the animal containment facility is authorized to sell or destroy the animal, and, if destroyed, dispose of the carcass. In disposing of dogs or cats after the five regular business day period, the animal containment facility shall comply with all the requirements set forth in M.S. § 35.71.
(6) Care of animals. Any animal in the custody of the animal containment facility shall be housed and fed in a humane manner during its confinement. Dogs or cats which have been impounded shall be kept in segregated pens and fed an appropriate commercial dog or cat food.
(7) Fees. Impoundment fees for the impoundment of dogs, cats or other animals, which fees shall include charges for board and shelter for each such animal impounded, shall be in an amount duly established by the Dayton City Council and animal control agency from time to time. The impoundment fees may, at the Council's discretion, increase with each occasion the same animal has been impounded by the city.
(B) Nuisances.
(1) No owner shall allow any animal to commit acts defined or described in this section or Dayton City Code Chapter 130 as a nuisance.
(2)
No person shall have any animal, small animal, large animal, wild/exotic animal or farm animal which he or she is the owner, keeper, or custodian to be at large.
(3) The owning, keeping, or harboring of any animal which does any of the following is hereby declared to be an act of nuisance committed by the person owning, keeping or harboring the animal:
(a) Is-found at large;
(b) Damages the property of anyone other than its owner;
(c) Causes fouling of the air by odor;
(d) Causes unsanitary conditions of enclosures or surroundings;
(e) By virtue of the number of types of animals maintained, is offensive or dangerous to the public health, safety or welfare;
(f) Excessively makes disturbing noises;
(g) Molests passersby or passing vehicles;
(h) Attacks other domestic animals;
(i) Has been designated by the Animal Control Officer to be a public nuisance animal by virtue of being a menace to the public health, welfare and safety; or
(j) Commits any other act constituting a nuisance as defined by local, state or federal rules or regulations.
(4) An animal that scratches or bites a person is subject to an animal bite procedure administered by the Dayton Police Department, which procedure shall be adopted by resolution of the City Council.
(5) In addition to punishment of the owner of the animal as prescribed in this section, the animal committing such act of nuisance shall be subject to impoundment. The owner shall be advised in writing prior to release of the animal of the basis for the impoundment and the consequences of further violations.
(6) When an animal commits an act of nuisance and the owner is convicted or the animal is impounded, and the animal commits a subsequent act of nuisance, the control officer or his or her designee may do one or more of the following:
(a) Direct the owner to remove the animal from the city within ten days of receipt of notice by personal service or mail. Failure to comply is a misdemeanor;
(b) Seek a court order for the destruction of the animal; or
(Ord. 2014-11, passed 7-8-2014; Ord. 2021-06, passed 3-23-2021)