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A. Facts Of Case: Upon sworn complaint of any person to a County Judge in the County of Dakota that any of the following facts exist:
1. That the animal has destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner;
2. That the animal has attacked or bitten a person without provocation;
3. That the animal is vicious or shows vicious habits, or molests people or interferes with the driving of automobiles upon a public highway;
5. Or otherwise is being kept within the limits of the City in violation of the provisions of this chapter.
B. Owner To Appear, Judgment: Said Judge shall issue a summons directed to the owner or person having possession of said animal commanding him to appear before said Judge and to show cause why said animal should not be seized or killed or otherwise disposed of by the poundkeeper, or any police officer or animal warden. Such summons shall be returnable not more than forty eight (48) hours from the date thereof and shall be served at least twelve (12) hours before the time of appearance mentioned herein. Upon such hearing and finding of the facts true as complained of, the Judge may either order the animal killed, or may order the owner to remove it from the City, or may order it confined to a designated place, or may order its sale or other disposition as herein provided for impounded animals. In the event an animal has bitten a person, the Judge may order the animal impounded at the owner's expense for such period as may be reasonably necessary to determine whether the animal is rabid. In the event that said animal is rabid, it may summarily be destroyed.
C. Failure To Comply With Order: If the owner is ordered to remove the animal from the City or is ordered to keep the animal confined to a designated place and disobeys such order, he shall, upon the filing of a complaint alleging that said order was disobeyed, and after being found guilty of violating this provision, be liable to the punishment for violation of this chapter.
D. Applicability Of Section: The provisions of this section are in addition to and supplemental to other provisions of this chapter and shall apply throughout the City.
E. Costs: Costs of the proceedings specified by this section shall be assessed against the owner of the animal, if said animal is found to be kept in violation of any of the terms of this chapter. (Ord. 133, sec. 11, 1-2-1979; amd. 1980 Code)
F. Impoundment Of Inhumanely Treated Animals: All animals seized on behalf of the City under Minnesota Statutes sections 343.22 or 343.29 for cruel treatment to an animal must be held for redemption by the owner for at least ten (10) days unless a veterinarian authorizes immediate destruction of the animal. In the case of an animal raised for food or fiber products, the animal may not be seized or disposed of without prior examination by a licensed veterinarian pursuant to a warrant issued by a Judge.
1. Security: A person claiming an interest in an animal seized under Minnesota Statutes sections 343.22 or 343.29 may prevent disposition of the animal by posting security in an amount sufficient to provide for the animal's actual costs of care and keeping. The security must be posted within ten (10) days of the seizure inclusive of the date of the seizure.
2. Notice: The City must give notice of this subsection by delivering or mailing it to a person claiming an interest in the animal or by posting a copy of it at the place where the animal is taken into custody or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include:
a. A description of the animal seized; the authority and purpose for the seizure; the time, place, and circumstances under which the animal was seized; and the location, address, telephone number, and contact person where the animal is kept;
b. A statement that a person claiming an interest in the animal may post security to prevent disposition of the animal and may request a hearing concerning the seizure or impoundment and that failure to do so within ten (10) days of the date of the notice will result in disposition of the animal;
c. A statement that all actual costs of the care, keeping, and disposal of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a Court or Hearing Officer finds that the seizure or impoundment was not substantially justified by law; and
d. A form that can be used by a person claiming an interest in the animal for requesting a hearing under this subsection.
Upon request of a person claiming an interest in the animal, if made within ten (10) days of the date of seizure, a hearing must be held within five (5) business days of the request, to determine the validity of the seizure and impoundment. In the case of a seizure pursuant to a warrant issued under Minnesota Statutes section 343.22, the hearing must be held by the Judge who issued the warrant. In the case of a seizure under Minnesota Statutes section 343.29, the City may either: 1) authorize a licensed veterinarian with no financial interest in the matter or professional association with either party, or 2) use the services of a Hearing Officer to conduct the hearing. A person claiming an interest in the animal who is aggrieved by a decision of the Hearing Officer may seek a court order governing the seizure or impoundment within five (5) days of notice of an order. (Ord. 559, sec. 5, 9-18-1995)
Notes
1 | 1. See also subsection 5-1-9D of this chapter. |
A. Any animal which may have exposed a person to rabies by bite or other manner may be immediately seized whether on or off the owner's premises and quarantined for a period of at least ten (10) days. If no current rabies vaccination of the animal can be proven, the animal shall be quarantined at a veterinary facility, within the City, for a period of ten (10) days. The owner shall be responsible for the fees incurred. Any police officer, animal control officer, or community service officer shall have the authority to verify if the animal is properly quarantined 1 . (Ord. 442, sec. 1, 8-5-1991)
B. If the attending physician, Health Officer, police officer or animal control officer deems it necessary, the animal shall be euthanized and examined for rabies by the Minnesota Department of Health.
C. The City may have an autopsy performed on any dead animal which had been impounded or on an animal slain while impounded to determine if it was diseased and the cause of death. (Ord. 406, sec. 5, 3-19-1990)
Notes
1 | 1. See section 5-1-8 of this chapter for report of bite cases. |
A. Length Of Impoundment: Except as otherwise provided in this chapter, all animals seized by or on behalf of the City must be held for redemption by the owner for at least five (5) regular business days of the impounding agency. If such animal has bitten a person, or is suspected of being rabid or believed to have been exposed to rabies, it shall be kept as specified in section 5-1-11-3 of this section 5-1-11. For purpose of this chapter, "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four (4) consecutive hours between the hours of eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M.
B. Reclaiming Impounded Animals: Before reclaiming a dog or other animal, the owner shall pay an impounding fee as determined by Council resolution, plus the cost to the City of keeping the animal in the pound. If at the end of the impounding period, the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be sold to any person, except as provided in subsections C and D of this section. If the animal requires a Lakeville license, such license shall also be obtained before the animal is released.
C. Unclaimed And Unredeemed Animals: At the end of the five (5) day period, all animals which remain unredeemed must be made available to any licensed "institution", as defined in Minnesota Statutes section 35.71, subdivision 1, which has requested that number of animals, under the terms provided under Minnesota Statutes section 35.71. If such animal is not required by a licensing institution, the animal may be sold to any person. If the purchaser of the animal keeps or harbors the animal in the City, any required license shall be obtained before possession of the animal is given to the purchaser. If any animal is not reclaimed, released to an institution, or sold, then it may be destroyed in a humane manner.
D. Reclaimed Or Released Dogs: If an impounded dog requires a City license, such license shall also be obtained before the dog is released. No dog shall be released until sufficient proof of vaccination has been shown. If no proof of vaccination can be shown the dog may be released, but the City Clerk or poundkeeper shall issue a notice requiring the owner to produce proof of vaccination within ten (10) days of release. If proof of vaccination is not produced within ten (10) days, the City may issue a citation. (Ord. 559, sec. 7, 9-18-1995)
A. Such dog kennel shall be kept at all times in a clean and sanitary condition, and the dogs shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent or habitual barking, yelping or howling. (Ord. 133, sec. 17, 1-2-1979; amd. 1980 Code; Ord. 227, 7-18-1983; Ord. 1010, 5-20-2019)
The City pound must maintain the following records of the animals in custody, and preserve the records for at least six (6) months:
A. The description of the animal by species, breed, sex, approximate age, and other distinguishing traits;
B. The location at which the animal was seized;
C. The date of seizure;
D. The name and address of the person from whom any animal three (3) months of age or over was received; and
E. The name and address of the person to whom any animal three (3) months of age or over was transferred.
The records must be in a form permitting easy perusal by the public and open to the public during regular business hours. (Ord. 559, sec. 8, 9-18-1995)
A. Torture: No person shall overdrive, overload, torture, cruelly beat, neglect or unjustifiably injure, maim, mutilate or kill any animal, or cruelly work any animal, whether it belongs to himself or another person.
B. Nourishment; Shelter: No person shall deprive any animal over which he has charge or control of necessary food, water or shelter.
C. Cruelty: No person shall wilfully instigate or in any way further any act of cruelty to any animal or animals, or any act tending to produce cruelty to animals. (Ord. 406, sec. 7, 3-19-1990)
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