Loading...
HomeMy WebLinkAbout2011.03.07 ORD 2011-455ORDINANCE 2011-455 AN ORDINANCE AMENDING CHAPTER 10, ANIMALS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 10, amend the following: Sec. 10-1 - Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: tentatively Abandoned means to leave a dog at large within the city without intending to return to or recover it. It shall also mean to purposefully leave a dog in the possession of the animal control authority to avoid paying impoundment and/or boarding costs. Altered means any female dog that has been spayed or any male dog that has been castrated. Animal control authority means any person or agency designated by the city council which is responsible for animal control operations in its jurisdiction. The animal control authority shall also be construed to include any licensed law enforcement officer. At large means off the premises of the owner and not under the physical control (by leash or by voice) of the owner, a member of the owner's immediate family, or a person designated by the owner. Bona fide livestock operation means a farm (of 40 acres or more in size) on which horses, cows, swine, poultry, sheep, goats, or other common farm animals are kept, raised, bred or sold as a part of a business enterprise. Commercial kennel means a kennel where dogs are bred and/or sold for re -sale, individually or in litter lots, whether or not any of these animals are also kept for personal use and where the business may be a primary source of income. Commercial kennels are also places where dogs are boarded, groomed or trained for a fee. Dangerous Dog and Potentially dangerous dog have the meanings ascribed to those terms by Minn. Stats. § 347.50. Dangerous dog means any dog that: 1) without provocation, inflicted substantial bodily harm on a human being on public or private property; $= Ordinance 2011-455 2) killed a domestic animal without provocation while off the owner's property; or 3) has been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Potentially dangerous dog means any dog that: 1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; 2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog o-,vner's property, in an apparent attitude of attack; or 3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Hobby kennel means a kennel where dogs are kept primarily for personal companionship, for recreational enjoyment, or for performance events in addition to the purpose of improving the physical soundness and temperament of such dogs, and where the breeding and selling of animals is incidental to occupancy of the premises for residential purposes, and is not a primary source of income. Kennel means any place where four dogs or more over six months of age are kept, raised, sold, boarded, bred, shown, treated or groomed. Owner means any person or the parents or guardians of a person under 18 years of age who owns, harbors, keeps or has custody of a dog. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen, structure, or fence suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, invisible fence, or any part of a house, garage, or other structure that would allow the dog 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 obstacles that prevent the dog from exiting. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. 2 1 Ordinance 2011-455 Sec. 10-2 - Animal control authority. The animal control authority shall have powers necessary for enforcement of this chapter, including authority to issue complaints for violations. Sec. 10-3 - Interference with enforcement. No unauthorized person shall break open the animal control authority's pound or attempt to do so, or to take or let out any animals therefrom, or to take or attempt to take from any animal control authority any dog taken up by him in compliance with city ordinance or statute, or in any manner to interfere with or hinder such animal control authority in the discharge of their duties. Sec. 10-4 through 10-24 — Reserved. Article II — Dogs. Sec. 10-25 - Exemptions. Except where duties are expressly stated, this article does not apply to hospitals, clinics, and other premises operated by licensed veterinarians exclusively for the care and treatment of dogs. Sec. 10-26 - Seizure of dogs; impounding. 1) Any person may seize, impound, or restrain any dog found running at large. Any person impounding or restraining such dog shall immediately contact and surrender the dog to the animal control authority. 2) An impounded stray animal displaying a need for medical care may be taken by the animal control authority to a veterinarian for emergency treatment. The owner of the animal is responsible for payment of expenses incurred as a result of the veterinarian treatment. 3) The animal control authority may seize and impound an animal found at large on public property or claimed to be a stray by the occupant of the premises upon which the animal is found. 4) The animal control authority may enter onto private property to seize and impound animals only after a reasonable effort has been made to contact an occupant of the property, and when: a) they have a reasonable and immediate concern for the animal's health, safety or welfare, including an animal that is being neglected or endangered; or b) they have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or 3 Ordinance 2011-455 c) they have reasonable cause to believe that a violation of Section 10-29 or 10-34 has occurred or is occurring and that seizure is necessary to prevent further violation, and there is a reasonable and immediate concern for the health and safety of human beings or other animals. 5) A person must not interfere with animal control authority impounding an animal, or refuse to surrender an animal to these personnel. 6) When an animal is impounded as required by this ordinance, the animal owner shall pay all reasonable expenses related to the impounding of the animal. Sec. 10-27 — Redeeming Animals. 1) Upon the impounding of a dog, the animal control authority must promptly notify the owner personally or by mail, addressed to the owner's last known address. If the owner is unknown, the city must post a written notice at the City Hall. The notice must describe the dog and must state where the animal is impounded and that it can be redeemed within 10 days after the date of the notice by payment of all impounding and boarding fees. 2) If the impounded animal is not redeemed within 10 days after the required notice, authorized city personnel may give the animal away or direct the impounding facility to dispose of the animal in a humane manner. The dog owner is responsible for all fees associated with impounding, boarding, and disposal. 3) In the case where any dog has been impounded whose rabies vaccination is not current, said dog shall not be released unless the owner first provides written evidence, from a licensed veterinarian, that arrangements have been made to have the dog vaccinated upon its release. Sec. 10-28 - Rabies Vaccination Required. 1) All dogs in the city over the age of six months shall be vaccinated for rabies and shall be re -vaccinated according to standard veterinary practices thereafter. Such vaccination must be performed by or under the direct supervision of a veterinarian duly licensed to practice veterinary r . dicine in the state in which the vaccine is administered. A certificate from the veterinarian vaccinating said dogs shall be exhibited to the animal control authority upon demand. 2) Each dog shall wear a sturdy collar for aid in identification. The dog must wear a veterinarian's metal tag showing proof of current rabies vaccination. In lieu of a veterinarian's metal tag, the dog's collar must contain identification including the name and phone number of the dog's owner. At the owner's discretion, a tattoo or implanted microchip may be used in lieu of the collar and tag. 4 Ordinance 2011-455 Sec. 10-29 - Animal bites and animals exposed to rabies. 1) Pursuit of biting dog authorized. Any law enforcement officer or animal control officer may enter upon the private property of any person while in pursuit of any dog under probable cause to believe that such dog has bitten a person or animal, or that such dog shows signs consistent with rabies. 2) Quarantine required. Subsection (1) of this section notwithstanding, whenever any person who owns, possesses or harbors any dog within the city learns that the dog has bitten any human being or domestic animal, such person shall immediately quarantine such dog for a period of at least ten days, keeping it apart from other animals until it is determined that the dog shows no signs of rabies. The quarantine may be by the person owning the dog if such dog has a current rabies vaccination at the time the bite occurred. If the dog does not have a current rabies vaccination at the time the bite occurred, the dog must be impounded at a licensed pound or with a licensed veterinarian at the owner's expense. Upon request, the owner of the dog must provide documentation of the location of the dog to the Animal Control Authority. After the required ten-day quarantine, the dog shall be examined by a licensed veterinarian to determine whether it shows signs consistent with rabies. If the dog is found to show such signs, it shall be humanely euthanized and sent to an appropriate facility for rabies testing. 3) Impoundment of biting dog. If the dog owner cannot be located or advised of the dog bite within two hours of the occurrence, or if the owner fails to quarantine the dog as required by this section, the animal control authority shall cause the dog to be impounded and so quarantined. After the required ten-day quarantine, if the dog is still unclaimed, the dog shall be humanely euthanized and tested for rabies; if claimed, the dog shall be examined by a licensed veterinarian to ensure there are no clinical signs of rabies. If no signs of rabies are observed, the dog can be released to the owner as specified in section 10-27. If the dog is found to show signs of rabies, it shall be humanely euthanized. 4) Verification of quarantine. The animal control authority, or other designate of the city, shall have the authority to verify if the dog is properly quarantined. Any veterinarian quarantining an animal shall notify the animal control authority before the release of such animal. 5) Bitten dog to be impounded; proof of vaccination required. Any dog known to have been bitten by a rabid dog or exposed to rabies shall be impounded. If, however, either dog is at large and cannot be apprehended after reasonable effort, the dog may be immediately destroyed. After impoundment, if proof of rabies immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner, the dog may be released to the owner as specified in section 10-27. If it cannot be proven that the animal has a current rabies immunization, the owner may, at his discretion, make provision for a suitable quarantine for a period of not less than six months. 5 Ordinance 2011-455 Sec. 10-30- Running at large prohibited. 1) No person shall allow a dog to run at large at any time, except dogs used as a necessary element of a bona fide livestock operation. Sec. 10-31 - Abandonment prohibited. No person shall abandon any dog within the city. Sec. 10-32 - Nuisances. 1) Unlawful acts or conditions. The following are public nuisances and unlawful: a) Any dog that damages property (that is not property of the owner), including plantings, lawns or structures, or that deposits fecal matter off of the owner's property that the owner fails to remove promptly to his own property or to an approved disposal location. b) Any dog that, without provocation, chases, molests or approaches pedestrians or bicyclists in a threatening manner upon the streets, sidewalks, right-of-way, or any public property, or habitually chases automobiles on the public streets or highways. c) Any dog that is kept under unsanitary and/or inhumane conditions such that the maintenance or keeping of the animal creates odors to the annoyance of the public in the vicinity. d) Any dog that kills or attacks another domestic animal or livestock without provocation while off the owner's property. e) The owning, keeping, or harboring of any dog which shall by any noise, unreasonably and/or excessively disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably and/or excessively disturb the peace and quiet" includes, but is not limited to, the creation of any noise by a dog which can be heard by any person, including an animal control officer or law enforcement officer, from a location off the dog owner's property where the dog is being kept, and which noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse of time between each animal noise during the five-minute period. This provision shall not apply to dogs that are responding to trespassers or to dogs that are teased or similarly provoked to bark. 2) Notification of authorities. Any person may, by telephone, notify the city clerk, animal control authority, or law enforcement officer of an alleged violation of this section. A telephone call does not, however, constitute a formal complaint to initiate the citation process. All formal complaints shall be submitted in writing to the attention of the city clerk and shall describe the dog, state the acts committed by the dog, the name and address of the person owning or harboring the dog, and the name and the address of the person making the complaint. The city clerk shall then promptly notify the person owning 2 Ordinance 2011-455 or harboring the dog of the acts complained of, either by letter or door tag, and shall request that the nuisance be abated or eliminated within a specified time period. The city clerk shall also cause the animal control authority or law enforcement officer to investigate and file a report on the complaint. 3) Second complaint. Upon receipt of a second complaint of a violation of this section, the city clerk shall cause the animal control authority or law enforcement officer to investigate and file a second report on the complaint. If the offense is corroborated by the investigation, the city clerk shall, by certified letter, notify the person owning or harboring the dog of the violations complained of, and require that the nuisance be abated or eliminated within 24 hours or some other reasonable time specified in the letter. 4) Failure to correct. If the owner fails to take corrective action within 24 hours (or within the time specified in the letter), the city clerk shall contact the appropriate law enforcement agency and/or the city attorney, inform them of the alleged violation, and request that the owner be cited. Sec. 10-33 - Leashing of dogs within an active city park. 1) All dogs that are within an active city park or on a public sidewalk or trail shall be under the physical control, by leash, of the owner, a member of the owner's immediate family, or a person designated by the owner. For the purposes of this section, an active city park shall include any park designated by the parks commission as active and as listed in the city's parks plan. Sec. 10-34 - Dangerous dogs and Potentially Dangerous dogs. 1) Dangerous Dogs. It shall be illegal for any person to own, keep, possess or harbor any dog that has been declared a dangerous dog. This prohibition shall apply whether said declaration has occurred in the city or in some other jurisdiction. This prohibition shall also apply whether said declaration was made pursuant to Minn. Stats. § 347.50 or pursuant to another statute or ordinance which is substantially similar to Minn. Stats. § 347.50. a) Any dangerous dog shall be immediately seized by the animal control authority or law enforcement officer and impounded for no fewer than ten (10) days. The owner has until the end of this time period to provide written verification that the dog will be legally removed from the city to an appropriate place which allows for dangerous dogs, or that the dog will be humanely euthanized. b) The owner must pay all associated impounding and boarding costs prior to the release of the dog. Upon its release, the dog shall be immediately transported to a location outside of the city, or to a proper facility to be euthanized. c) Any such dog that is not properly claimed within ten calendar days shall be humanely euthanized. The owner of the dog that is euthanized shall be responsible to pay the impounding, boarding and euthanization costs. Ordinance 2011-455 2) Potentially dangerous dogs. The owner of a potentially dangerous dog shall comply with the following requirements: a) The dog shall be contained within a proper enclosure, as defined by this chapter, at all times. b) When outside of a proper enclosure, the dog must be on a four (4) foot, non - retractable leash at all times. c) In accordance with state statute, a microchip must be implanted in the dog for identification, and the name of the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to the purchase and implantation of the microchip shall be paid by the dog's owner. d) Any other conditions deemed appropriate by the animal control authority. Sec. 10-35 — Quarantine, Determination, and Appeal Procedures 1) If a dog has bitten a person or domestic animal, the dog shall first be quarantined according to the provisions of section 10-29 Subsection (2). Following said quarantine period, the owner of the dog shall keep the dog confined in a proper enclosure until the procedures outlined in the remainder of this section have been completed. 2) Determination of a dangerous or potentially dangerous dog. Once a dog has bitten a person or domestic animal, the animal control authority shall determine, in no more than 14 days that a dog is a dangerous dog or potentially dangerous dog. 3) Exemption. Dogs may not be declared dangerous, or potentially dangerous if the threat, injury, or damage was sustained by a person: a) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; b) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented abused, or assaulted the dog; or c) who was committing or attempting to commit a crime; 4) Notice of dangerous or potentially dangerous dog. Upon a determination by the animal control authority that a dog is dangerous or potentially dangerous pursuant to this chapter, the animal control authority shall provide a notice to the dog owner by delivering, mailing, or posting a copy of such notice at the place where the dog is kept. The notice must include: a) A description of the dog deemed to be dangerous or potentially dangerous; the authority for and purpose of the dangerous or potentially dangerous dog declaration Ordinance 2011-455 and seizure, if applicable; the time, place, and circumstances under which the dog was declared dangerous or potentially dangerous; and if seized the telephone number and contact person where the dog is kept. b) the name of the animal control authority making the determination; c) a statement that the owner of the dog must keep the dog in a proper enclosure as defined by this chapter until the procedures outlined in the remainder of this section have been completed. d) a statement that the owner of the dog may request a hearing concerning the dangerous or potentially dangerous dog declaration, and that failure to do so within fourteen (14) days of the date of the notice will terminate the owner's right to a hearing under this subsection; e) a statement that if an appeal request is made within fourteen (14) days of the notice, the owners must immediately comply with the requirements of 10-34 subsection (2) until such time as the hearing officer issues an opinion; f) a statement that if the hearing officer affirms the dangerous dog declaration, the animal control officer or law enforcement officer shall immediately seize and impound the dangerous dog, and the owner will have ten (10) days from receipt of that decision to comply with 10-34 Subsection (1) of this Chapter; or in such case the hearing officer affirms a potentially dangerous dog designation, the owner shall immediately comply with 10-34 subsection (2). g) a notice that if a potentially dangerous dog endangers the safety of humans or domestic animals again, it will be considered a dangerous dog; S) Appeal of'the dangerous or potentially dog designation. The owner of any dog declared dangerous or potentially dangerous has the right to a hearing by an impartial hearing officer. The owner of the dog may request in writing a hearing on the designation within fourteen days of the date of the notice. Failure to appeal during this time period will terminate the owner's right to a hearing under 10-35 subsection (6). a) The owner's written request for a hearing must be submitted to the City Clerk. The written request must contain the following information: 1. The full name, address, daytime and evening telephone numbers of the person requesting an appeal; 2. the full name and address of all the dog's owners; 3. the ownership interest of the person requesting the appeal; 4. the names of any witnesses to be called at the hearing; 5. a list and copies of all exhibits to be presented at the hearing; E Ordinance 2011-455 6. a summary statement as to why the dog should not be declared dangerous or potentially dangerous; and b) The dog owner must provide a written behavioral assessment to the hearing officer. The behavioral assessment shall be prepared by a licensed veterinarian or certified animal professional and shall describe the dog's normal behaviors toward unknown persons, and may include recommendations regarding the dangerous or potentially dangerous dog determination, future care and training, and possible re-evaluation of the dog. 6) Hearing procedure. a) Any hearing must be held within fourteen (14) days of the appeal to determine the validity of the dangerous dog declaration. The city shall mail written notice of the hearing to the owner requesting the hearing to the address provided on the request and to any person who was an alleged victim of the dog that is subject of the hearing. b) The hearing officer shall be the City Administrator or an impartial person designated by the City Administrator to conduct the hearing. "Impartial" means that the hearing officer did not have any direct involvement in the original determination that the dog is a dangerous dog or potentially dangerous dog c) At the hearing, the parties shall have the opportunity to present evidence in the form of exhibits and testimony. Each party may question the other party's witnesses. The strict rules of evidence do not apply and the records of the animal control authority are admissible without further foundation. d) The Hearing Officer may add, remove, or modify all conditions deemed appropriate by the Animal Control Authority for a potentially dangerous dog. In addition, the hearing officer may reevaluate the status of the dog after a specified time period or upon completion of any required dog training and may remove the potentially dangerous dog designation at that time. e) The Hearing Officer shall make written findings of fact and reach a written conclusion as to whether the dog is a dangerous dog or potentially dangerous dog pursuant to this chapter, within ten (10) days after the hearing. The decision must be delivered to the dog's owners by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority. f) The decision of the Hearing Officer is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a Writ of Certiorari not more than thirty (30) days after service of the hearing officer's written decision. Sec. 10-36 — Police Dogs This chapter shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities. 10 Ordinance 2011-455 Sec. 10-37 - Females in heat. Every female dog in heat shall be confined in a building or other secure enclosure in such manner that such female cannot come in contact with another dog, except for the express purpose of planned breeding, or shall be controlled on a leash while being exercised. Sec. 10-38 - Sanitation. Any person who owns, keeps or harbors any dog must remove all dog feces, on a daily basis, from all enclosed dog runs or kennels, and must remove, on a daily basis, any accumulations of dog feces which are visible from any location outside the borders of that person's property. Sec. 10-39 — Penalty Any person found to be in violation the provisions of sections 10-30, and 10-33 shall be guilty of a petty misdemeanor. Any person found to be in violation of the provisions of any other section of this chapter shall be guilty of a misdemeanor. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON MARCH 7, 2011 iron, Ma or ATTEST: \"-* Michele Lindau, City Clerk 11 SUMMARY ORDINANCE 2011-455 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance amending Chapter 10, Article I. IN GENERAL, Sections 10-1 through 10-3, Article II. DOGS, Sections 10-25 through 10-39, to add the following: SUMMARY OF ORDINANCE: Article I. In General. Sec. 10-2 - Animal control authority: The animal control authority shall have powers necessary for enforcement of this chapter, including authority to issue complaints for violations. Sec. 10-3 - Interference with enforcement: Adding language that prohibits the interference with enforcement of this ordinance. Article II. DOGS Sec. 10-25 — Exemptions: Except where duties are expressly stated, this article does not apply to hospitals, clinics, and other premises operated by licensed veterinarians exclusively for the care and treatment of dogs. Sec. 10-26 - Seizure of dogs; impounding: Adding language to allow the Animal Control Authority to seize or impound a dog found to be in violation of this ordinance. Sec. 10-27 — Redeeming Animals: Adding language as to the procedures to redeem a dog after it has been seized or impounded. Sec. 10-28 - Rabies Vaccination Required: Adding language requiring vaccinations and proper identification for a dog. Sec. 10-29 - Animal bites and animals exposed to rabies: Adding language to on what happens following a dog bite or when an animals is exposed to rabies. Sec. 10-30- Running at large prohibited: No person shall allow a dog to run at large at any time, except dogs used as a necessary element of a bona fide livestock operation. Sec. 10-31 - Abandonment prohibited: No person shall abandon any dog within the city. Sec. 10-32 - Nuisances: Adding language for unlawful acts or conditions that would be considered a public nuisances and unlawful. Sec. 10-33 - Leashing of dogs within an active city park: All dogs that are within an active city park or on a public sidewalk or trail shall be under the physical control, by leash, of the owner, a member of the owner's immediate family, or a person designated by the owner. For the purposes of this section, an active city park shall include any park designated by the parks commission as active and as listed in the city's parks plan. Sec. 10-34 - Dangerous dogs and Potentially Dangerous dogs: Adding language that would allow potentially dangerous dogs within the City. Potentially dangerous dogs would be subject to further restrictions. Sec. 10-35 – Quarantine, Determination, and Appeal Procedures: Adding language on the protocol that happens after a dog bite. The Animal Control Authority makes a determination and the home owner would have a right to appeal that determination following appeal procedures outlined in this section. Sec. 10-36 – Police Dogs: This chapter shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities. Sec. 10-37 - Females in heat: Every female dog in heat shall be confined in a building or other secure enclosure in such manner that such female cannot come in contact with another dog, except for the express purpose of planned breeding, or shall be controlled on a leash while being exercised. Sec. 10-38 – Sanitation: Any person who owns, keeps or harbors any dog must remove all dog feces, on a daily basis, from all enclosed dog runs or kennels, and must remove, on a daily basis, any accumulations of dog feces which are visible from any location outside the borders of that person's property. Sec. 10-39 – Penalty: Any person found to be in violation the provisions of sections 10-30, and 10-33 shall be guilty of a petty misdemeanor. Any person found to be in violation of the provisions of any other section of this chapter shall be guilty of a misdemeanor. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City ofHugo this 7th day of March, 2011. La n, 4yd At e t: M " - Michele Lindau, City Clerk — 2 Ll PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) County of Ramsey) CITY OF HUGO SUMMARY ORDINANCE 2011-455 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance amending Chapter 10, Article I. IN GENERAL, Sections 10-1 through 10-3, Article ll. DOGS, Sections 10-25 through 10-39, to add the following: SUMMARY OF ORDINANCE: Article 1. In General. Sec. 10-2 - Animal control authority: The animal control authority shall have powers necessary for enforcement of this chapter, including authority to issue complaints for violations. Sec. 10-3 - Interference with enforcement: Adding language that prohibits the interference with enforcement of this ordinance. ticle II. DOGS w. 10-25 - Exemptions: Except where duties are expressly stated, this article does not apply to hospitals, clinics, and other premises oper- ated by licensed veterinarians exclusively for the care and treatment of dogs. Sec. 10-26 - Seizure of -dogs; impounding: Adding language -to allow the Animal Control Authority to seize or impound a dog found to be in violation of this ordinance. Sec. 10-27 - Redeeming Animals: Adding language as to the proce- dures to redeem a dog after it has been seized or impounded. Sec. 10-28 - Rabies Vaccination Required: Adding language requir- ing vaccinations and proper identification for a dog. Sec. 10-29 - Animal bites and animals exposed to rabies: Adding language to on what happens following a dog bite or when an animals is exposed to rabies. Sec. 10-30- Running at large prohibited: No person shall allow a dog to run at large at any time, except dogs used as a necessary element of a bona fide livestock operation. Sec. 10-31 - Abandonment prohibited: No person shall abandon any dog within the city. Sec. 10-32 - Nuisances: Adding language for unlawful acts or condi- tions that would be considered a public nuisances and unlawful. Sec. 10-33 - Leashing of dogs within an active city park: All dogs that are within an active city park or on a public sidewalk or trail shall be under the physical control, by leash, of the owner, a member of the owner's immediate family, or a person designated by the owner. For the purposes of this section, an active city park shall include any park des- ignated by the parks commission as active and as listed in the city's arks plan. Sec. 10-34 - Dangerous dogs and Potentially Dangerous dogs: Adding language that would allow potentially dangerous dogs within the City. Potentially dangerous dogs would be subject to further restrictions. Sec. 10-35 - Quarantine, Determination, and Appeal Procedures: Adding language on the protocol that happens after a dog bite. The Ani- mal Control Authority makes a determination and the home owner would have a right to appeal that determination following appeal procedures outlined in this section. Sec. 10-36 - Police Dogs: This chapter shall not apply to police dogs under the control of a licensed law enforcement officer during the perfor- mance of official police activities. ac. 10-37 - Females in heat: Every female dog in heat shall be con- ed in a building or other secure enclosure in such manner that such female cannot come in contact with another dog, except for the express purpose of planned breeding, or shall be controlled on a leash while being exercised. Sec. 10-38 - Sanitation: Any person who owns, keeps or harbors any dog must remove all dog feces, on a daily basis, from all enclosed dog runs or kennels, and must remove, on a daily basis, any accumulations of dog feces which are visible from any location outside the borders of that person's property. I Sec. 10-39 - Penalty: Any person found to be in violation the provisions I p of sections 10-30, and 10-33 shall be guilty of a petty misdemeanor. Any 1 person found to be in violation of the provisions of any other section of this chapter shall be guilty of a misdemeanor. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 7th day of March, 2011. APPROVED: Fran Miron, Mayor IATTEST: Michele Lindau, City Clerk Published one time in The Citizen on April 14, 2011. ;her, or the publisher's designated agent, being duly sworn, on oath m the publisher, or the publisher's designated agent and an employee paper known as the THE CITIZEN, and that I have full knowledge which are stated below: ewspaper has complied with all of the requirements constituting I as a qualified newspaper, as provided by Minnesota Statute 1 A.07, and other applicable laws, and amended. ,ted: CITY OF HUGO SUMMARY ORDINANCE 2011-455 ached was cut from the columns of said newspaper and was printed ed for one week on THURSDAY, the 14 day of APRIL, 2011. w is a copy of the lower case alphabet from A to Z, both inclusive, eby acknowledged as being the size and kind of type used in the and publication of the notice: rstuvwxyz BY: TITLE: Publisher nd sworn to before me on this 15 day of APRIL, 2011. MYRNA L. PRESS NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2015 �Mnnnnnnnnnn Notary Public, Minnesota FORMATION -lassified rate paid by cial users for ible space. $ (Line, word or inch rate) m rate allowed or the above matter. $ (Line, word or inch rate) ually charged for ✓e matter. $ 9.30/INCH (Line, word or inch rate)