(A) Dog at large prohibited. A dog owner violates this section if his or her dog is at large.
(B) Howling and barking. A dog owner violates this section if the dog which, by frequent and habitual howling, yelping, barking or otherwise, causes annoyance or disturbance to two or more persons; provided that, the provisions of this section shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals.
(C) Clean up. Any owner or person having the custody or control of any dog shall:
(1) Not permit the dog to be on public property or the property of another without having in his or her immediate possession a device for the collection and removal of feces to a proper receptacle;
(2) Remove feces left by a dog to a proper receptacle located on the owner’s or custodian’s property; except that, droppings in a park may be placed in an outside park trash container; and
(3) The provisions of this section shall not apply to a blind person with a guide dog or to a person with dogs engaged in search or rescue activities.
(D) Damage to property. No dog owner shall permit a dog to damage any lawn, garden or other property.
(E) Licensing and tags.
(1) License required; fee established. No dog owner shall keep any dog over six months of age within the municipality unless a license has been issued by the City Administrator for a fee per the city’s approved fee schedule. License shall be renewed biennially. The fee for licenses obtained for a period of one year or less shall be one-half of the above fees.
(2) Rabies inoculation certificate. A certification from a veterinarian shall accompany an application indicating the following:
(a) The dog has been inoculated for rabies within two years from the date of application; and
(b) That the dog has been spayed or neutered, when a license is being sought for a spayed female or neutered male.
(3) Expiration. All dog licenses issued under this chapter shall expire on September 30 of the year of their expirations.
(4) Payment of fee. It shall be the duty of each dog owner to pay the biennial license fee imposed to the City Administrator before October 1 in the year which the license is to be renewed upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the city. The City Administrator shall cause a notice of the necessity of paying the license fee to be printed in the city newsletter one time each year.
(5) Affixing tags. The owner shall cause a city-issued tag to be affixed by a permanent metal fastener to the collar of the dog in such manner that the tag may be easily seen. The owner shall ensure the dog wears the tag at all times when outdoors.
(6) Duplicate tags. If a dog tag is lost, a duplicate may be issued by the City Administrator upon presentation of a receipt showing payment of the license fee for the current year. A charge to be determined by the city shall be paid for each duplicate tag.
(7) Change of address. A dog owner shall notify the City Administrator of any change of address inside the city within ten days.
(8) Refunds. No dog tag shall be transferred to another dog or dog owner and no refund shall be made on any license fee.
(9) Offense involving tags. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for herein or for any person other than the owner to remove from any dog a tag required by this section.
(F) Rabies bites.
(1) Whenever a dog has bitten a human or a domestic or farm animal, the dog shall be impounded or confined for a period of ten days or more at the expense of the owner of the dog. Except for the time limit, disposition or redemption shall be in accordance with provisions of this chapter. The impoundment or confinement may be waived whenever the dog owner presents to any police officer or a police officer a certificate of a licensed veterinarian indicating that the dog has been vaccinated for rabies on a date not less than 24 months prior to the date of the bite.
(2) A dog owner will not keep a dog that has been bitten by any animal known to have been afflicted with rabies. A dog owner who has a dog which has been bitten by an animal known to have been afflicted with rabies shall, upon demand of any police officer or any police officer of the city, surrender the dog to the officer for observation and/or treatment. With the approval of the officer, the dog may be surrendered to a registered veterinarian or to any approved non-profit corporation organized for the purpose of sheltering dogs.
(G) Impoundment and redemption.
(1) Fees. The dog owner may redeem a dog impounded after the term of impoundment ends by paying an impoundment fee, boarding charge and veterinary service charge. Fees not set by the pound shall be determined per the city’s approved fee schedule.
(2) Release. Upon purchase or presentation of a current license tag and a receipt for the fees required above, the pound shall release the dog to its owner upon adequate proof of ownership.
(3) Disposition and unredeemed animals. Any dog which is not redeemed within the time allowed by this chapter may be sold for not less than the amount provided above to anyone desiring to purchase the dog, if the dog is not requested by a licensed education or scientific institution under M.S. § 35.71, as it may be amended from time to time. Any dog which is not redeemed by the owner or sold shall be disposed of.
(4) Time for redemption. All impounded dogs, except those confined for observation of rabies, shall be redeemed within five days, not including Sundays or legal holidays, after the dog was impounded. Any dog not redeemed within five days may be sold, destroyed or otherwise disposed of.
(5) Guard dogs. A business that has a guard dog for security purposes shall post a conspicuous notice at the entrance of the premises of the presence regarding the dog.
(H) Kennels.
(1) Licensing requirements. The owner of a proposed dog kennel shall submit a license application to the City Administrator. Upon receipt of the application, the City Administrator shall schedule a public hearing at a future City Council meeting and shall notify all registered landowners or those occupying land within 500 feet of the proposed kennel at least ten days in advance of the hearing. The kennel license may be issued by the City Council by resolution after a public hearing is held. Kennel licenses shall expire on December 31 of each year.
(2) License fee. The annual license fee for dog kennels shall be per the city’s approved fee schedule.
(3) Cleanliness and order; nuisance declared. Kennels and the premises around the kennel shall be kept in a clean, quiet, orderly and sanitary condition so as not to constitute a nuisance as defined in Ch. 91 of this code or ordinances and in M.S. § 561.01, as it may be amended from time to time. In determining whether a nuisance exists, consideration shall be given to the kennel’s location, location of other residences and general character of the neighborhood.
(4) Revocation. A kennel license may be revoked by action of the Council for just cause after providing the license holder with an opportunity to be heard. Just cause shall include any violations of this code reasonably related to the operation of the dog kennel and/or treatment of animals.
(5) Persons ineligible. No license shall be granted to an applicant who has mistreated animals or has been convicted for animal cruelty offenses.
(6) Renewals. Annual renewals of kennel licenses may be approved administratively unless the city has received substantiated complaints related to the dog kennel or any code violations have occurred at the dog kennel during the previous year.
(Prior Code, §701.04) (Ord. 696, passed 04-22-2002; Ord. 774, passed 08-14-2006; Ord. 844, passed 05-20-2010; Ord. 890, passed 08-25-2014; Ord. 953, passed 12-10-2018; Ord. 981, passed 11-08-2021)
Penalty, see § 90.999