(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. A dog, cat or other animal.
OWNER. Any person who harbors, feeds, boards, possesses, keeps or has custody of an animal.
(B) Owner’s responsibility. The owner of any dog or any person having the custody or control of any dog shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner.
(C) Unlawful acts.
(1) It is unlawful for any person owning, keeping or harboring a dog to cause or permit the dog to be on property, public or private, not owned or possessed by the person without having in his or her immediate possession a device for the removal of feces and the depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by the person.
(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 possession by the person, to fail to remove feces left by the dog to a proper receptacle located on property owned or possessed by the person.
(3) It is unlawful for the owner or any person having control of any animal to allow excess accumulation of animal excrement on the property where the animal is being housed either permanently or temporarily. Animal excrement shall be removed in a timely manner so that it does not create an unsanitary condition or so that the odor creates an annoyance to neighbors or the public.
(D) Exception. The provisions of this section shall not apply to the ownership or use of dogs certified by the State of Minnesota as service dogs, seeing-eye dogs by blind persons, dogs when used in police activities by the city, or tracking dogs when used by or with the permission of the city.
(E) Persons authorized to issue citations. Any peace officer, animal control officer, park ranger, duly authorized assistant, duly authorized agent, or person authorized by the health officer may issue citations for violation of this section.
(F) Penalty. Any person violating this section shall be punished by a fine in an amount set by resolution of the Council or 5 hours of public lands fecal cleanup. Any person who is found guilty of subsequent violations of this section shall be punished by a fine in an amount set by resolution of the Council.
(Prior Code, § 10.12) Penalty, see § 10.99