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(A) (1) Dogs and cats rabies immunization required. All dogs and cats over the age of six months harbored or maintained within the city shall be immunized against rabies by a licensed veterinarian. The vaccines used and their duration of immunity against rabies will be as recommended by the National Association of State Public Health Veterinarians (NASPHV) in their current Compendium of Animal Rabies Prevention and Control.
(2) Exceptions. No dog or cat need be vaccinated when a licensed veterinarian has examined the animal and certified that, at such time, vaccination would endanger its health because of its age, infirmity, debility, illness, or other medical consideration; and such exception certificate is presented to the city. The animal shall be vaccinated against rabies as soon as its health and age permit.
(B) Exposure. Dogs, cats or other animals known to have been bitten by or exposed to a rabid animal must be euthanized or the animal's owner must adhere to procedures as described in the NAHSPV Compendium of Animal Rabies Prevention and Control. Notification of exposure shall be made immediately to the city. Costs associated with exposure are incurred at the animal owner's expense.
(C) Disposition of diseased dogs, cats or other animals. If a dog, cat or other animal quarantined under § 90.10 is found to be sick or diseased, the operator of the quarantine facility will immediately report in writing to the city on the condition of the dog or animal. The city may then take possession of the dog, cat or animal for the purpose of submitting it to determine if it is suffering from rabies. A diseased dog, cat or animal may be euthanized, if the city determines such action necessary for the protection of public health and safety, or as recommended by a licensed veterinarian.
(Ord. 857, passed 10-14-2015)
(A) Designation as a dangerous or potentially dangerous animal. The Animal Control Officer or their designee will designate any animal as a dangerous or potentially dangerous animal upon receiving evidence that such animal meets the definition set forth in this chapter.
(B) Exemption. Animals may not be designated as dangerous or potentially dangerous if the threat, injury, or damage was sustained by a person who was:
(1) Committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) Provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
(3) Committing or attempting to commit a crime.
(C) Notification and procedure. When an animal is declared dangerous or potentially dangerous, the owner(s) of the dangerous or potentially dangerous animal shall be notified in writing that such animal is dangerous or potentially dangerous.
(1) Notice of right to appeal. This notice shall state the date, time, place, the animal bit, chased, attacked or threatened, and shall advise the owner that they have 14 days to appeal the determination by requesting a hearing before the independent hearing officer.
(2) The owner of the animal must immediately comply with the proper enclosure requirements, as defined in this chapter, even if appealing the designation.
(3) Written notice of the designation may either be mailed by first class US mail or by personally delivering the notice to the owner of the animal declared as dangerous or potentially dangerous.
(D) Noncompliance of order. If an owner of a dangerous or potentially dangerous animal fails to comply with any conditions for dangerous or potentially dangerous animals specified in this chapter and fails to request a hearing within 14 days of the designation, the animal shall be seized.
(1) Notice shall be provided to the owner of the basis for the seizure and the right to request a hearing before an independent hearing officer to determine whether the conditions were violated.
(2) A request for hearing must be made within 14 days of the seizure. If the owner fails to request a hearing within 14 days, or after a hearing, is found to have violated the conditions, the Animal Control Officer may order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions, the owner may reclaim the animal.
(E) An owner of a dangerous or potentially dangerous animal must notify the Police Chief in writing within 14 days of any transfer to a new owner or location, or death of the animal. This notification shall include proof of death or the complete name, address and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated.
(F) Review of designation. Beginning six months after an animal's dangerous or potentially dangerous designation, an owner may request in writing that the designation be reviewed by the Animal Control Officer or their designee. The owner must also provide evidence that the dog's behavior has changed and that no violation of this chapter has occurred during that time period. The city may use discretion in determining whether any conditions which have been ordered are still required.
(G) Limitation on additional animals. After an owner has had an animal designated as dangerous or potentially dangerous, the owner will not be eligible for additional animal permits or licenses until documentation is provided to the Police Chief that the dangerous/potentially dangerous animal has either died, has been relocated to another suitable owner, or had the designation removed.
(Ord. 857, passed 10-14-2015)
(A) Disposition of dangerous animals. The Community Service Officer or Police Officer, after designation of an animal as dangerous has the authority to determine the disposition of the dangerous animal.
(1) The dangerous animal will be euthanized; or
(2) The dangerous animal will be subject to the following conditions:
(a) Housed in a 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. Such enclosure will not allow the egress of the animal in any manner without human assistance. A pen or kennel for a dog designated as dangerous will meet the following minimum specifications:
1. Have a minimum overall floor size of 32 square feet.
2. Sidewalls will have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire will not exceed two inches, support posts will be one and one-quarter inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls will be buried a minimum of 18 inches in the ground.
3. A cover over the entire pen or kennel will be provided. The cover will be constructed of the same gauge wire or heavier as the sidewalls and will also have no openings greater than two inches.
4. An entrance/exit gate will be provided and be constructed of the same material as the sidewalls and will also have no openings in the wire greater than two inches. The gate will be equipped with a device capable of being locked and will be locked at all times when the animal is in the pen or kennel; and
(b) Insurance. The owner provides and shows proof annually of public liability insurance paid in full in the minimum amount of $500,000. If the animal is impounded, proof of insurance must be demonstrated prior to the animal's release; and
(c) Posting. Post the front and 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; and
(d) Muzzle. 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 be under the physical restraint of a person 18 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; and
(e) Microchip identification required. The owner of a dangerous animal is required to have a microchip installed or injected on the animal, to the extent that the species of the animal allows placement of the chip. The microchip will be installed in or injected under the skin of the animal by a licensed veterinarian and will be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the animal's owner. The identification number and microchip manufacturer shall be provided to the Animal Control Officer. The owner shall maintain current address information with the manufacturer. All costs related to the installation and maintenance of the chip are the responsibility of the owner. If the animal is impounded, the microchip will be installed or injected prior to its release; and
(f) Annual registration fee. The owner of a dangerous dog is required to complete an annual registration form and pay annual registration fee as set by the City Council, in addition to the annual dog license. If the dog is impounded the fee will be paid prior to the animal's release; and
(g) Spay/neuter. If the animal is a dog or cat, the owner shall provide proof of spay or neuter; and
(h) Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times; and
(i) Obedience class. The owner of a dog shall be required to complete an approved dog obedience class.
(B) Appeal. Appeal of the animal control officer's dangerous animal designation will be a hearing before an independent hearing examiner not more than 14 days after receipt of the appeal request. At the time of the hearing, the animal owner may appear and present any evidence which the animal owner may deem material to the investigation. The hearing officer will make findings of fact as to whether a violation of the provisions of this section has been committed. The hearing officer will affirm or reject the dangerous animal designation or may impose other sanctions as warranted. The hearing officer's decision shall issue within ten days of the hearing. If the declaration is upheld, the actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the animal's owner.
(Ord. 857, passed 10-14-2015)
Animal subject to conditions. An animal that has been determined to be potentially dangerous shall do the following:
(A) The animal shall be required to be restrained by leash not to exceed six feet in length, and/or muzzled, and under the control of a person 18 years of age or older at all times it is outdoors and not inside a proper enclosure;
(B) Spay/neuter. If the animal is a dog or cat, the owner shall provide proof of spay or neuter;
(C) Obedience class. The owner of a dog shall be required to complete an approved dog obedience class; and
(D) Microchip identification required. The owner of a potentially dangerous animal shall have a microchip installed or injected on the animal, to the extent that the species of the animal allows placement of the chip. The microchip will be installed in or injected under the skin of the animal by a licensed veterinarian and will be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the animal's owner. The identification number and microchip manufacturer shall be provided to the Animal Control Officer. The owner shall maintain current address information with the manufacturer. All costs related to the installation and maintenance of the chip are the responsibility of the owner. If the animal is impounded, the microchip will be installed or injected prior to its release.
(Ord. 857, passed 10-14-2015)
(A) Animal biting. Whenever any animal capable of transmitting the rabies virus has bitten any person or domestic animal, the owner or custodian of the biting animal, upon being notified by the Animal Control Officer, will immediately cause the animal to be quarantined at the animal shelter, or by a veterinarian licensed to practice in the State of Minnesota and approved by the city, for a period of ten days after the bite incident. The Animal Control Officer may allow the owner to quarantine the animal if proof of current rabies vaccination is provided. All expenses related to any quarantine will be the responsibility of the animal owner.
(B) (1) Release from quarantine. At the end of ten days, a licensed veterinarian shall examine the animal to ascertain whether symptoms of rabies exist. If the veterinarian diagnoses the animal to be free of the signs of rabies, the animal shall be released from quarantine.
(2) If a quarantined animal sickens or dies, it shall be sent to the Minnesota Department of Health for rabies testing. The owner of the animal is responsible for the cost of quarantine, veterinary fees and testing.
(C) Noncompliance of order. If an owner fails to comply with any portion of the quarantine, the animal shall be seized and impounded for the remainder of the quarantine period. The animal may be reclaimed by the owner as set forth in this chapter.
(Ord. 857, passed 10-14-2015)
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