(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROL. Use of a leash, one end of which is securely fastened to a collar or other harness on a dog, and the other end of which is held securely or fastened to a person of sufficient age and discretion, unless otherwise specified, to maintain CONTROL.
LEASH. A cord, thong, rope, or chain not exceeding six feet in length.
OWNER. Any person who owns, harbors, feeds, boards, keeps, or otherwise possesses a dog, and who is the head of the household of the residence, or the owner or manager in charge of the establishment or premises at which a dog remains, or to which it returns.
RUNNING AT LARGE. Off or away from the premises of the owner and not on a leash and under the control of the owner, or a member of his or her immediate family.
VICIOUS DOG. A dog with a propensity to attack or bite human beings or other animals, which propensity is known or ought reasonably to be known to the owner.
(B) Impounding and release.
(1) (a) Any dog found in the city running at large or in violation of any other provision of this section or required to be impounded hereunder shall be placed in the dog pound, and an accurate record of the time of such placement shall be kept on each dog. Every dog so placed in the pound shall be held for redemption by the owner for a period of not less than five regular business days. A REGULAR BUSINESS DAY is one during which the pound is open for business to the public for at least four hours between 8:00 a.m. and 7:00 p.m.
(b) Impoundment records shall be preserved for a minimum of six months and shall show;
1. The description of the dog by specie, breed, sex, approximate age, and other distinguishing traits;
2. The location at which the dog was seized;
3. The date of seizure;
4. The name and address of the person from whom any dog three months of age or over was received; and
5. The name and address of the person to whom any dog three months of age or over was transferred.
(2) Dogs shall be released to their owners, or persons previously in possession of them, upon a sworn statement of ownership and payment of impounding fees as established by the Council by resolution; provided, however, that if the owner of an impounded dog does not redeem such dog during the five-regular business day period, any other person may, upon complying with the provisions of this section, redeem such dog from the pound and be the lawful owner thereof.
(3) Any impounded dog shall not be released from the pound to a person until such dog has been vaccinated against rabies; provided, however, that no dog so impounded shall be vaccinated if the owner can present a certificate of current vaccination.
(4) If unclaimed the dog shall be destroyed in a proper and humane manner and remains thereof properly disposed of.
(C) Exception. Any dog seized under M.S. §§ 343.22 (investigation of cruelty) or 343.29 (exposure of animals), as they may be amended from time to time, shall be held for ten days. A person claiming an interest in a dog in custody under this section may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual costs of care and keeping. The security must be posted within ten days of the seizure inclusive of the date of the seizure.
(D) Notice of impounding.
(1) Upon impounding a dog under this section, notice shall be given the owner or person claiming interest in the dog by delivering or mailing it to a person claiming an interest in the dog or by posting a copy of it at the place where the dog is taken into custody or by delivering it to a person residing on the property, and telephoning, if possible.
(2) The notice shall include:
(a) A description of the dog seized; the authority and purpose for the seizure; the time, place, and circumstances under which the dog was seized; and the location, address, telephone number, and contact person where the dog is kept;
(b) A statement that a person claiming an interest in the dog may post security to prevent disposition of the dog and may request a hearing concerning the seizure or impoundment and that failure to do so within five days of the date of the notice will result in disposition of the dog;
(c) A statement that all actual costs of the care, keeping, and disposal of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and
(d) When a dog has been impounded under M.S. §§ 343.22 (investigation of cruelty) or 343.29 (exposure of animals), as they may be amended from time to time, a form that can be used by a person claiming an interest in the dog for requesting a hearing under this section.
(E) Right to hearing and release from dog pound.
(1) Upon request of a person claiming interest in the dog, pursuant to division (D)(2)(d), above, which request must be made within ten days of the date of seizure, a hearing shall be held within five business days of the request to determine the validity of the seizure and impoundment. If the seizure was done pursuant to a warrant under M.S. § 343.22 (investigation of cruelty), as it may be amended from time to time, the hearing must be conducted by the judge who issued the warrant.
(2) If the seizure was done under M.S. § 343.29 (exposure of animals), as it may be amended from time to time, the city may either:
(a) Authorize a licensed veterinarian with no financial interest in the matter or professional association with either party; or
(b) Use the services of a hearing officer to conduct the hearing. A person claiming interest in the dog who is aggrieved by a decision of a hearing officer under this section may seek a court order governing the seizure or impoundment within five days of the notice of the order.
1. The judge or hearing officer may authorize the return of the dog, if the judge or hearing officer finds that:
a. The dog is physically fit; and
b. The person claiming an interest in the dog can and will provide the care required by law for the dog.
2. The person claiming an interest in the dog is liable for all actual costs of the care, keeping, and disposal of the dog, except if a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs shall be paid in full or a mutually satisfactory arrangement for payment must be made between the city and the person claiming an interest in the dog before return of the dog to the person.
(F) Killing of dogs. All city police officers are hereby authorized and empowered to destroy any dog in violation of this section whenever such dog cannot be safely taken up and impounded. No impounding or destruction of any dog shall exempt the owner or keeper of such dog from the penalties and fees provided by this section.
(G) Enforcement. It is unlawful for any owner or other person to refuse to allow a police officer to examine a dog or the rabies tag on a dog under the control of said owner or other person. Each day that said owner or other person refuses to permit a police officer to examine said dog or rabies tag on a dog shall be a separate offense of this section.
(H) Interference with officers. It is unlawful for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any dog therefrom, or to take or attempt to take from any officer any dog taken up by him or her in compliance with this section, or in any manner to interfere with or hinder such officer in the discharge of his or her duties under this section.
(I) Offenses involving tags. It is unlawful to counterfeit or attempt to counterfeit the tags provided for herein, or to take from any dog a tag legally placed upon it by its owners with the intention of placing it upon another dog, or to place such tag upon another dog.
(J) Vaccinations.
(1) Rabies.
(a) Every dog 16 weeks of age and older shall be vaccinated with a live modified vaccine.
(b) Every dog shall receive a rabies booster one year after initial vaccination or after a possible exposure to the rabid animal.
(c) All dogs shall receive a scheduled rabies booster at not more than 36 months intervals.
(2) DAPP (distemper-Adenovirus-Parvovirus-Parainfluenza). Each dog shall be vaccinated with the DAPP vaccination according to accepted licensed veterinary vaccination protocol.
(K) Duties of veterinarian.
(1) It is the duty of each veterinarian at time of vaccinating any dog, to complete a certificate of rabies vaccination (in triplicate) which includes the following information:
(a) Owner's name and address;
(b) Description of dog (breed, sex, markings, age and name);
(c) Date of vaccination;
(d) Rabies vaccination tag number;
(e) Type of rabies vaccine administered; and
(f) Manufacturer's serial number of vaccine.
(2) Distribution of copies of certificate shall be: first copy to owner; and the second copy retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in division (J) above. A metal or durable plastic tag, serially numbered, shall be securely attached to the collar or harness of the dog. Whenever the dog is out-of-doors, whether on or off the owner's premises, the collar or harness with the vaccination tag shall be worn.
(L) Vaccination cost. The cost of rabies vaccination shall be borne by the owner of the dog.
(M) Exception of vaccination requirement; transient dogs.
(1) Divisions (J), (K), and (L) above shall not apply to any dog owned by a person temporarily remaining within the city for less than 30 days, or any dog brought into the city for the field trial or show purposes, nor for hunting dogs in the city for less than 30 days.
(2) Such dogs shall be kept under strict supervision of the owner; however, it is unlawful to bring any dog into the city which does not comply with the animal health laws and import regulations of the state, which are applicable to dogs.
(N) Rabies control.
(1) (a) When any owner of a dog has been notified that such dog has, or is suspected to have, bitten or attacked any person, he or she shall immediately place the dog under the care and observation of the city or a licensed veterinarian for a period of not less than ten days except in those cases when a dog has bitten or attacked while on the premises of the owner and the owner has a current rabies vaccination for said dog, in which case, the city may, if it feels the facilities are adequate and if the owner is a responsible person, quarantine the dog on the owner's premises.
(b) In this case, the owner must sign a statement and understand the responsibility and assume the liability that is involved with the quarantine of a dog that has bitten. The quarantined dog must at all times be available for inspection during the quarantine. At the end of the ten days' observation period, the dog shall be examined by the city and, if cleared, may be reclaimed by the owner and the owner must pay the expense incurred incident thereto.
(c) Any dog impounded or placed for observation, showing active signs of rabies, suspected of having rabies or known to have been exposed to rabies, shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis. Any dog that has bitten or attacked that cannot be captured may be destroyed in such a manner that the head is not damaged and can be submitted for a rabies examination to a laboratory.
(2) Any person who shall suspect that a dog in the city is infected with rabies shall report said dog to the Police Department or a veterinarian upon written authorization of a licensed veterinarian.
(O) Unlawful acts and remedies therefor.
(1) It is unlawful for the owner of a dog to permit such dog to run at large in the city. Whenever a dog is found running at large, the same shall constitute prima facie evidence that the owner permitted it to run at large.
(2) (a) It is unlawful for the owner of any vicious dog to allow such dog off his or her premises unless it is muzzled, on a leash, and under the control of the owner or a member of his or her immediate family over 16 years of age.
(b) Any vicious dog which is found off the premises of its owner other than as provided herein, may be seized and impounded; provided, that if the dog cannot be captured, it may be destroyed; provided, further, that if the dog has been seen running at large or bites a person, the owner shall forthwith deliver the dog to the pound and he or she may be ordered to appear in court to show cause why such dog should not be destroyed.
(3) It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. HABITUAL BARKING shall be defined as barking for repeated intervals of at least three minutes with less than one-minute interruption. Such barking must also be audible off the owner's or caretaker's premises.
(4) It is unlawful for any person to maltreat, abuse, or neglect, in a cruel or inhumane manner, any dog.
(5) It is unlawful for any person to harbor or keep any stray dog. Dogs known to be strays shall be immediately reported to the Police Department.
(6) It is unlawful for any person, not acting under instructions from the owner or the city, to willfully or maliciously administer or cause to be administered, poison of any sort whatsoever to any dog, with the intent to injure or destroy such dog, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such dog.
(7) (a) It is unlawful for the owner, caretaker, or attendant of any dog to allow it to defecate on public or private property other than his or her own.
(b) If such dog does defecate on public or private property other than his or her own it shall not be a violation of this provision if such owner, caretaker, or attendant shall immediately and thoroughly clean the fecal material from such property, and properly dispose thereof.
(8) It is unlawful for any person to abandon a dog owned by htm or her.
(9) It is unlawful for any person to give any false statement or information concerning the owner, keeper, or attendant of any dog, or concerning any dog brought into the pound or impounded therein.
(P) Injured dogs.
(1) (a) When a dog without identification is injured and the owner cannot be found, it is the duty of the Police Department to determine, in consultation with a veterinarian, if the dog for humane reasons and due to the extent of the injury and suffering should be destroyed.
(b) If the dog is destroyed, neither the city nor its agent shall be held liable for its humane act.
(c) If the owner of such dog is subsequently identified, such owner shall pay all expenses of the city and veterinarian's fees and charges.
(2) When a dog with identification is injured, it shall be delivered to a licensed veterinarian and the owner notified. All expenses of the city and veterinarian's fees and charges shall be paid by the owner.
(Q) Enforcing Officer. The City Council is authorized to appoint an animal control officer to enforce the provisions of section. The officer's duty of enforcing the provision of this section, he or she may from time to time, with the consent of the Council, designate assistants.
(R) Pound. The Council shall designate an official pound to which animals found in violation of this chapter shall be taken for safe treatment and if necessary, for destruction.
(2006 Code, § 10.21) (Ord. 23, 3rd Series, passed 6-18-1981; Ord. 128, 3rd Series, passed 6-5-1998; Ord. 142, 3rd Series, passed 6-14-2000; Ord. 184, 3rd Series, passed 8-9-2011; Ord. 198, 3rd Series, passed 4-14-2015; Ord. 217, 3rd Series, passed 6-6-2017) Penalty, see §
130.99