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HomeMy WebLinkAbout1995.10.16 ORD 1995-306 A ! i ORDINANCE 95-306 DOGS AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE OF THE CITY OF HUGO, REGULATING DOGS WITHIN THE CITY, INCLUDING THE KEEPING THEREOF AND PROVIDING FOR THEIR LICENSING The City Council of the City of Hugo does hereby amend Chapter 30 of the City Code of the City of Hugo by repealing the existing Chapter 30 in its entirety, and replacing it with the following: Sec. 30 . 1 . Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 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 Warden 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 Officer means the City Council and/or any persons or agencies designated by the City Council . The Animal Control Officer' s primary function involves enforcement of this Ordinance and other laws dealing with dogs . The Animal Control Officer shall also be construed to include any licensed law enforcement officer. Animal Warden means any person or agency designated by the City Council to house, hold, confine, or board dogs seized and/or impounded herein. The Animal Warden shall be appointed and serve at the pleasure of the City Council . 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 forty (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 . Rev. 10/17/95 • • l 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 M. S. §347 . 50, and specifically as follows : A. "Dangerous Dog" means any dog that has : 1 . Without provocation, inflicted substantial bodily harm on a human being on public or private property; 2 . Killed a domestic animal without provocation while off the owner' s property; or, 3 . Been found to be potentially dangerous, and after the owner has noticed that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals . B. "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 upon the streets, sidewalks, or any public 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 . The terms "dangerous dog" and "potentially dangerous dog" shall also be construed to include similar classifications from other statutes or ordinances which are substantially in conformity with Minnesota Statutes §347 . 50, whether or not the same words are used. 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 Rev. 10/17/95 2 • 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 (4) dogs or more over six (6) 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 eighteen (18) years of age who owns, harbors, keeps or has custody of a dog. Person means any individual, partnership, corporation, firm, or group, however organized. Premises means the space of ground immediately surrounding a dwelling house and/or outbuildings . Sec. 30 .2 . 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 . 30 . 3 Animal Control Officer. The Animal Control Officer shall have police powers necessary for enforcement of this chapter, including authority to issue complaints for violations . Sec . 30 .4 . Animal Warden. The City Council may appoint an Animal Warden and establish compensation for said position. Such person or agency shall serve at the pleasure of the City Council . The City Council shall annually review the work and compensation of the Animal Warden. No person or agency shall be appointed Animal Warden unless that person or agency has a microchip scanner for use in the identification of animals using such means of identification. Sec . 30 . 5 . Interference With Enforcement. No unauthorized person shall break open the Animal Warden' 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 Officer or Animal Warden any dog taken up by him in Rev. 10/17/95 3 compliance with the City Ordinance or Statute, or in any manner to interfere with or hinder such Animal Control Officer or Animal Warden in the discharge of their duties . Sec . 30 . 6 . Implied Consent for Entry. Any person who owns, possesses or harbors a dog within the City limits grants implied consent for entry upon his/her premises, without express consent, to the Animal Control Officer for the purpose of investigating complaints related to this Ordinance . Sec . 30 . 7 . Dog License. (a) No person shall own, keep, or harbor any dog of more than six (6) months of age without first securing a license from the City Clerk who shall keep a record of all licenses issued and shall issue a durable identification tag for such license . Upon receipt of an application reciting the name and address of the owner, the address where the dog will be kept, and the sex, breed, age, color and markings of the dog for which a license is sought, and upon payment of the license fee established by resolution, the City Clerk shall issue a license in the form of a metal identification tag for each animal . (b) The term of a license shall run concurrently with a dog' s rabies vaccination schedule . Specifically, a dog license expires (and must be renewed) when a new rabies vaccination is needed. Failure to renew the license within thirty (30) days of a new rabies vaccination will result in a late license penalty fee in the amount established by resolution being owed to the City. (c) Failure to purchase a license within sixty (60) days of establishing residence in the City, within sixty (60) days of acquiring a dog, or within sixty (60) days of a dog reaching the age of six (6) months during any calendar year will result in the late license penalty fee being owed to the City. (d) Dog licenses are not required for dogs that are kept in the City for thirty (30) days or less . Such dogs shall be known as "visiting dogs . " Visiting dogs must be kept in an enclosure or on a leash at all times . Sec. 30 .8. Kennels. (a) Commercial Kennels . It shall be unlawful to operate a commercial kennel unless a permit to operate the same has been secured from the City Council in advance . Rev. 10/17/95 4 • (b) Hobby Kennels . Hobby kennels may be permitted in those zoning districts as specified in Hugo City Code, Section 320 (Zoning) . Sec. 30 .9 . Rabies Inoculation of Dogs . All dogs in the City over the age of six (6) months shall be inoculated for rabies and shall be re-inoculated 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 medicine in the state in which the vaccine is administered. A certificate from the veterinarian inoculating said dogs shall be exhibited to the Animal Control Officer and/or Animal Warden upon demand, and will be required as written proof of such vaccination at the time a dog license is obtained from the City. Each dog shall wear a sturdy collar for aid in identification with the veterinarian' s metal tag showing proof of said current rabies inoculation. At the owner' s discretion, a tatoo or implanted microchip may be used in lieu of the collar and tag if the tatoo and chip identification numbers are placed on file at the City at the time of license application. Sec . 30 . 10 . Animal Bites and Animals Exposed to Rabies . (a) 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 is rabid. (b) Subsection (a) notwithstanding, whenever any person who owns, possesses or harbors any dog within the City learns that the dog has bitten any human being, such person shall immediately quarantine such dog for a period of at least ten (10) days, keeping it apart from other animals until it is determined whether the dog has rabies . The quarantine may be by the person owning the dog if such dog has a current license and rabies vaccination at the time the bite occurred. If the dog does not have a current license and 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 . After the required ten (10) day quarantine, the dog shall be examined by a licensed veterinarian to insure that there are no clinical signs of rabies . If the dog is found to be rabid, it shall be humanely euthanized. (c) If the dog owner cannot be located or advised of the dog bite within two (2) hours of the occurrence, or if the owner fails to quarantine the dog as required by this Ordinance, the Rev. 10/17/95 5 Animal Control Officer shall cause the dog to be impounded and so quarantined. After the required ten (10) 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 insure 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 30 . 17 of this Ordinance . If the dog is found to be rabid, it shall be humanely euthanized. (d) The Animal Warden, Animal Control officer, 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 Warden before the release of such animal . (e) Any dog known to have been bitten by a rabid dog or exposed to rabies shall be impounded. If, however, the 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 30 . 17 of this Ordinance . 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 (6) months . Sec. 30 . 11 . Running at Large Prohibited. (a) No person shall allow a dog to run at large at any time, except as provided in (b) of this section. (b) This provision shall not apply to dogs used as a necessary element of a bona fide livestock operation. Dogs used in bona fide livestock operations shall be issued license tags of a different color than regular license tags . Said license tags shall be called "farm dog licenses" and shall be worn at all times . (c) No person shall apply for a farm dog license unless their dog (s) are a necessary element of a bona fide livestock operation. Sec . 30 . 12 . Abandonment Prohibited. No person shall abandon any dog within the City. Rev. 10/17/95 6 Sec . 30 . 13 . Nuisances . (a) The following are public nuisances and unlawful : (1) Any dog that damages property (that is not the 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. (2) 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 . (3 ) 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. (4) Any dog that kills or attacks another domestic animal or livestock without provocation while off the owner' s property. (5) 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" shall include, 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 (5) minute period of time with one (1) minute or less lapse of time between each animal noise during the five (5) 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. (b) Any person may, by telephone, notify the City Clerk, Animal Control Officer, or law enforcement officer of an alleged violation of this Ordinance . 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 Rev. 10/17/95 7 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 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 Officer or law enforcement officer to investigate and file a report on the complaint . (c) Upon receipt of a second complaint of a violation of this Ordinance, the City Clerk shall cause the Animal Control Officer 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 twenty-four (24) hours or some other reasonable time specified in the letter. A copy of the letter shall be mailed to the Animal Control Officer and a copy shall be mailed to the person making the complaint . (d) If the owner fails to take corrective action within twenty-four (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 . 30 . 14 . Dangerous Dog Prohibition. (a) It shall be illegal for any person to own, keep, possess or harbor any dog that has been declared a dangerous dog or potentially 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 M.S . §347 . 50 or pursuant to another statute or ordinance which is substantially similar to M. S . §347 . 50 . 1 . If a dangerous dog or potentially dangerous dog has bitten a person, then the dogshall first be quarantined according to the provisions of Section 30 . 10 . Following said quarantine period, then the provisions of paragraphs (a) 2 & 3 of this Section shall apply. 2 . The Animal Control Officer or law enforcement officer shall immediately seize and impound any dangerous dog or potentially dangerous dog that is Rev. 10/17/95 8 found within the City. The dog will be kept no fewer than ten (10) calendar 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, or that the dog will be euthanized. 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. 3 . Any such dog that is not properly claimed within ten (10) 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 . (b) This section shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities . Sec . 30 . 15 . Cruelty. No owner shall fail to provide any dog with humane care and treatment, sufficient good and wholesome food and water, proper shelter and protection from the weather, and veterinary care when needed to prevent suffering. No person shall beat, cruelly ill treat, neglect, or otherwise abuse any dog or cause or permit any dog fight or other combat between dogs and humans . Sec . 30 . 16 . 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 . 30 . 17 . Seizure of Dogs: Impounding. Any person may seize, impound, or restrain any dog found running at large, any dog without a veterinarian' s metal tag attesting to its rabies vaccination and/or any dog without its City license tag. Any person or officer (other than the Animal Warden) impounding or restraining such dog shall immediately deliver the same to the Animal Warden. If the animal is collarless, the Animal Warden shall immediately ascertain whether the dog has a tatoo or embedded microchip as a means of identification. The Animal Warden Rev. 10/17/95 9 shall thereupon give notice to the owner of the impoundment or, if the owner is unknown, or cannot reasonably be reached, shall post notice of the impoundment at the City Hall (and at such other places as may be designated by the City Council) . If such dog is not claimed within ten (10) calendar days of such posted notice and all fees and charges paid, the Animal Warden shall place the dog in the custody of a suitable person or shall humanely euthanize the animal . Any dog restrained or impounded shall receive humane treatment and sufficient food, water and shelter. Sec . 30 . 18 . Sanitation. Any person who owns, keeps or harbors any dog, must removed 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 boarders of that person' s property. Sec . 30 . 19 . Impounding and Boarding Fees . (a) The Animal Warden may charge such reasonable impounding fees for the care and board of any dog restrained or impounded and any and all such fees so imposed shall be paid to the Animal Warden at the time of reclaiming the dog. The City Council shall annually review all fees so imposed by the Animal Warden to determine their reasonableness, and may, by resolution, impose such additional fees reasonably related to the necessary and reasonable expenses incurred by the City for the capture, transportation, and/or care of impounded dogs . All such fees must be paid to the Animal Warden prior to release of the animal . The Animal Warden shall issue a receipt to the owner evidencing such payment . (b) In the case where an animal has been impounded whose rabies vaccination and City dog license are not current, no dog shall be released unless the owner agrees to have the dog vaccinated and licensed within three (3) days from the time of release . At the time of the dog' s release, the owner shall be required to sign a document acknowledging that the dog' s rabies vaccination and/or City dog license are not current . The Animal Warden shall immediately provide a copy of such document to the City Clerk and to the appropriate law enforcement officer. It shall be the responsibility of the dog owner to have the dog vaccinated as provided in Section 30 . 9 of this Ordinance, and/or to have the dog licensed as provided in Section 30 . 7 of this Ordinance. If evidence of the required vaccination or dog licensing is not received by the City Clerk within the specified three (3) day period, a citation may be issued. Rev. 10/17/95 10 , T. . Sec. 30 .20 . Coordination With Veterinarians. The City may enter into Agreements with veterinarians to assist in the administration of the provisions of this Ordinance . Said agreements shall insure that an orderlysystem is set upto g Y coordinate the licensing, vaccination, impoundment, quarantine, and/or euthanization, as needed, of dogs within the City. Said agreement shall also provide for a reasonable method of compensating veterinarians for the services that they provide to the City. Sec. 30 .21. Constitutionality. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof . Sec. 30 .22 . Penalty. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. Sec. 30 .23 . Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law, and licenses required herein must be secured within six (6) months thereafter by persons owning, harboring, or keeping dogs at the time of such passage and publication. WHEREUPON, said Ordinance was declared passed and adopted this 16th day of October, 1995 . .- ). It______ Fr ron, Mayor Attest : 4-7c, /I Mary " n Creager, C. Clerk Rev. 10/17/95 11 1 PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The Printed PTTBT,TC NOTTCF which is attached was cut from the columns of said newspaper, and PUBLIC NOTICE CITY OF HUGO was printed and published once each week, for ONE successive weeks; The Hugo City Council will hold a public it was first published on WFfNFST)AY , the 27 day of hearing on Monday, October 16, 1995, Hugo City Hail,at 7:05 PM,to consider adoption of a SEPTEMBER , 19 95, and was thereafter printed and published on proposed ordinance regulating dogs within the City. This matter is being addressed again every to and including because of numerous changes made to the ' original draft since the public hearing held on the day of , 19 ; and printed below is a July 5, 1995. A full and complete copy of the .evised proposed ordinance is on file for review co of the lower case al habet from A to Z, both inclusive, which is t the office of the City Clerk.Anyone interested p3' p n this matter will be heard at this time. herebyacknowledged as beingthe size and kind of e used in the Mary Ann Creager,City Clerk g type Published in the White Bear Press September 27,1995. composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: ,' -; !%V TITLE: Publisher Subscribed and sworn to before me on this 27 day-of SFPTFMRFR ,19 95 Notary Public, Ramsey County, Minn. My commission expires JANUARY 31 , 2 000 . RATE INFORMATION (1)Lowest classified rate paid by commercial users for comparable $ 3.10 space. (Line, word, or inch rate) (2)Maximum rate allowed by law for $ 3.10 the above matter. (Line, word, or inch rate) (3)Rate actually charged for the $ above matter. (Line, word, or inch rate) f n • ; i • PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) . CITY OF HUGO • ORDINANCE 95-306 - I, the publisher, or the publisher's designated agent, being duly sworn, DOGS AN ORDINANCE AMENDING CHAPTEPII on oath state that I am the publisher, or the publisher's designated 30 OF THE CITY CODE OF THE CITY OFe HUG,O, REGULATING DOGS WITHIN THEP agent and an employee of the newspaper known as The White Bear CITY,INCLUDING THE KEEPING THEREOF AND PROVIDING FOR THEIF Press, and that I have full knowledge of the facts which are stated LICENSING 11 " 'The City Council of the City of Hugo doe?- below: hereby amend Chapter 30 of the City Code o. the City of Hugo by repealing the existinc- (A)The newspaper has complied with all of the requirements constitut- Chapter 30'nits entirety, and replacing it with the following: ing qualification as a qualified newspaper, as provided by Minnesota Sec.30.1.Definitions. I The following words,terms, and phrases,- Statute 331A.02, 331A.07, and other applicable laws, as amended. when used'in this article,shall have the mean-c ings ascribed to them in this section, except; (B)The Printed PUBLIC NOTICE where the context clearly indicates a different. meaning. it 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 which is attached was cut from the columns of said newspaper, and leave a dog in the possession of the Animal was printed and published once each week, for ONE successive weeks; Warden to avoid paying impoundment and/oi boarding,.costs. • it was first published on WEDNESDAY , the 25 day of Altered means any female dog that has- been spayed or any male dog that has beer,; OCTOBl , 19 95, and was thereafter printed and published on castrated. Animal Control Officer means the Citi every to and including Council and/or any persons or agencies desig ' nated by the City Council. The Animal Contro the day of , 19 ; and printed below is a Officer's primary function involves enforcemen■ this TheordAnimala and other laws dealing alsoWith copyof the lower case alphabet from A to Z, both inclusive, which is clogs. Control Officer shall be P construed to include any licensed law enforce' herebyacknowledged as beingthe size and kind of e used in the ment officer. g type Animal Warden means any porsonunce orto composition and publication of the notice: agency designated by the City Council to p house, hold, confine, or board dogs seized3 and/or impounded herein. The Animal Warden abcdefghijklmnopgrstuvwxyz shall be appointed and serve at the pleasure of' the City Council /(/��J., — At large means off the premises of the BY' b'�`"� `—�<< owner and not under the physical control (by leash or by voice) of the owner, a member of TITLE: Publisher the owner's immediate family,or a person des- ignated by the owner. 1 Bona fide livestock operation means a farm; Subscribed and sworn to before me on (of forty (40) acres or more in size) on which horses,cows,swine, poultry, sheep,goats, or this 25 day of OCTOBER ,19 95 . 0��,,fr9 Rrif fA9 ' ,arco raisgcI,a, 'Favor sons ap pi.�,bgsioe gnterprise. . Commercial kennel means a "kennel"' MAVIS MAVIS PETERSON Y�. . where dogs are bred and/or sold for re-sale, , NOTARY PUBLIC-MINNESOTA individually or in litter lots,whether or not any of WASHINr� •. -.- '' ....: these animals are also kept for personal user My Commission Expires Jan.31 000 and.where the business may be a primary o ary -1 • ' ' . • .: . • k' . source of income.Commercial kennels are also' places where dogs are boarded, groomed or trained for a fee. My commission expires JANUARY 31 , 2 000 . Dangerous Dog and Potentially Dangerous Dog have the meanings ascribed to those terms by M.S. §347.50, and specifically as fol- RATE INFORMATION lows: A. "Dangerous Dog" means any dog that has: (1)Lowest classified rate paid by 1. Without provocation, inflicted substantial • commercial for comparable $ 3.10 users bodily harm on a human being on public or pri- p vate property; space. (Line,word, or inch rate) 2.Killed a domestic animal without provoca- tion while off the owner's property;or, 3. Been found to be potentially dangerous, (2)Maximum rate allowed by law for $ 3.10 andafter the owner has noticed that the dog is (Line, word, or inch rate) potentially dangerous, the dog aggressively the above matter. bites, attacks, or endangers the safety of h _ ...is or domestic animals. $ B. "Potentially Dangerous Dog"means any (3)Rate actually charged for the dog that: above matter. (Line, word, or inch rate) 1. When unprovoked, inflicts bites on a human or domestic animal on public or private property; using such means of identification. (b)Subsection(a)notwithstanding,whenev- Sec.30.5.Interference With Enforcement. er any person who owns,possesses or harbors No unauthorized person shall break open any dog within the City learns that the dog has 2. When unprovoked, chases or approach- the Animal Warden's pound or attempt to do so, bitten any human being, such person shall es a person upon the streets,sidewalks,or any or to take or let out any animals therefrom,or to immediately quarantine such dog for a period of public property in an apparent attitude of attack; take or attempt to take from any Animal Control at least ten (10) days, keeping it apart from or disposition to attack, unprovoked, causing Officer or Animal Warden any dog taken up by other animals until it is determined whether the injury or otherwise threatening the safety of him in compliance with the City Ordinance or dog has rabies. The quarantine may be by the humans or domestic animals. Statute, or in any manner to interfere with or person owning the dog if such dog has a cur- 3. Has a known propensity, tendency, or hinder such Animal Control Officer or Animal rent license and rabies vaccination at the time disposition to attack,unprovoked,causing injury Warden in the discharge of their duties. the bite occurred. If the dog does not have a or otherwise threatening the safety of humans Sec.30.6.Implied Consent for Entry. current license and rabies vaccination at the or domestic animals. Any person who owns, possesses or har- time the bite occurred, the dog must be The terms"dangerous dog"and"potentially bors a dog within the City limits grants implied impounded at a licensed pound or with a dangerous dog" shall also be construed to consent for entry upon his/her premises,without licensed veterinarian at the owner's expense. include similar classifications from other express consent,to the Animal Control Officer After the required ten (10) day quarantine, the statutes or ordinances which are substantially in for the purpose of investigating complaints relat- dog shall be examined by a licensed veterinari- conformity.with Minnesota Statutes §347.50, ed to this Ordinance. an to insure that there are no clinical signs of whether or not the same words are used. Sec.30.7.Dog License rabies.If the dog is found to be rabid,it shall b( Hobby Kennel means a "kennel" where (a) No person shall own, keep, or harbor humanely euthanized. dogs are kept primarily for personal companion- any dog of more than six (6) months of age (c) If the dog owner cannot be located or ship,for recreational enjoyment, or for perfor- without first securing a license from the City advised of the dog bite within two (2) hours of mance events in addition to the purpose of Clerk who shall keep a record of all licenses the occurrence, or if the owner fails to quaran improving the physical soundness and tempera- issued and shall issue a durable identification tine the dog as required by this Ordinance,the ment of such dogs,and where the breeding and tag for such license.Upon receipt of an applica- Animal Control Officer shall cause the dog to be selling of animals is incidental to occupancy of tion reciting the name and address of the impounded and so quarantined. After the the premises for residential purposes,and is not owner,the address where the dog will be kept, required ten (10) day quarantine, if the dog is a primary source of income. and the sex,breed,age,color and markings of still unclaimed,the dog shall be humanely euth Kennet means any place where four (4) the dog for which a license is sought,and upon anized and tested for rabies;if claimed,the dog dogs or more over six (6) months of age are payment of the license fee established by reso- shall be examined by a licensed veterinarian to kept, raised,sold, boarded,bred,shown,treat- lution,the City Clerk shall issue a license in the insure there are no clinical signs of rabies. If no ed or groomed. form of a metal identification tag for each ani- signs of rabies are observed,the dog can be Owner means any person or the parents or mat released to the owner as specified in Section guardians of a person under eighteen (18) (b) The term of a license shall run concur- 30.17 of this Ordinance. It the dog is found to years of age who owns, harbors,keeps or has rently with a dog's rabies vaccination schedule. be rabid,it shall be humanely euthanized. custody of a dog. Specifically, dog expires(and (d)The Animal Warden,Animal Control oft- Person alicense must be Person means any individual, partnership, renewed) when a new rabies vaccination is cer,or other designate of the City shall have the Corporation,firm,or group,however organized. needed. Failure to renew the license within thir- authority to verify if the dog is properly quaran- Premises means the space of ground ty (30) days of anew rabies vaccination will tined. Any veterinarian quarantining an animal immediately surrounding a dwelling house result in a late license penalty fee in the amount shall notify the Animal Warden before the and/or outbuildings. established by resolution being owed to the release of such animal. Sec.30.2.Exemptions. City. (e)Any dog known to have been bitten by a Except where duties are expressly stated, (c)Failure to purchase a license within sixty rabid dog or exposed to rabies shall be this article does not apply to hospitals, clinics, (60) days of establishing residence in the City, impounded.If,however,the dog is at large and and other premises operated by licensed veteri- within Sixty (60) days of acquiring a dog, or cannot be apprehended after reasonable effort, narians exclusively for the care and treatment of within sixty(60)days of a dog reaching the age the dog may be immediately destroyed. After dogs. of six (6) months during any calendar year will impoundment,if proof of rabies immunization is Sec.30.3 Animal Control Officer. result in the late license penalty fee being owed furnished and booster injections are given by a The Animal Control Officer .shall have to the City. licensed veterinarian at the expense of the police powers necessary for enforcement of this (d) Dog licenses are not required for dogs owner, the dog may be released to the owner chapter, including authority to issue complaints that are kept in the City for thirty (30) days or as specified in Section 30.17 of this Ordinance. for violations. less. Such dogs shall be known as "visiting If it cannot be proven that the animal has a cur- Sec.30.4.Animal Warden. dogs."Visiting dogs must be kept in an enclo- rent rabies immunization,the owner may,at his The City Council may appoint an Animal sure or on a leash at all times. discretion,make provision for a suitable quaran- Warden and establish compensation for said Sec.30.8.Kennels. tine for a period of not less than six(6)months. position.Such person or agency shall serve at (a)Commercial Kennels.It shall be unlawful Sec.30.11.Running at Large Prohibited. the pleasure of the City Council. The City to operate a commercial kennel unless a permit (a) No person shall allow a dog to run at Council shall annually review the work and to operate the same has been secured from the large at any time, except as provided in (b) of compensation of the Animal Warden.No person City Council in advance. this section. or agency shall be appointed Animal Warden (b) Hobby Kennels. Hobby kennels may be (b) This provision shall not apply to dogs unless that person or agency has a microchip permitted in those zoning districts as specified used as a necessary element of a bona fidr scanner for use in the identification of animals in Hugo City Code,Section 320(Zoning). livestock operation.Dogs used in bona fide live- Sec.30.9.Rabies Inoculation of Dogs. stock operations shall be issued license tags of All dogs in the City over the age of six (6) a different color than regular license tags. Said months shall be inoculated for rabies and shall license tags shall be called "farm dog licenses' be re-inoculated according to standard veteri- and shall be worn at all times. nary practices thereafter. Such vaccination (c) No person shall apply for a farm dog must be performed by or under the direct super- license unless their dog(s)are a necessary ele- vision of a veterinarian duly licensed to practice ment of a bona fide livestock operation. veterinary medicine in the state in which the Sec.30.12.Abandonment Prohibited. vaccine is administered. A certificate from the No person shall abandon any dog within the veterinarian inoculating said dogs shall be City. exhibited to the Animal Control Officer and/or Sec.30.13.Nuisances. Animal Warden upon demand, and will be (a) The following are public nuisances and required as written proof of such vaccination at unlawful: the time a dog license is obtained from the City. (1) Any dog that damages property(that is Each dog shall wear a sturdy collar for aid not the property of the owner),including planti- in identification with the veterinarian's metal tag ngs, lawns or structures, or that deposits fecal showing proof of said current rabies inoculation. matter off of the owner's property that the owner At the owner's discretion, a tatoo or implanted fails to remove promptly. microchip may be used in lieu of the collar and (2)Any dog that,without provocation,chas- tag if the tatoo and chip identification numbers es, molests or approaches pedestrians or bicy- are placed on file at the City at the time of clists in a threatening manner upon the streets, license application. sidewalks, right-of-way, or any public property, Sec. 30.10. Animal Bites and Animals or habitually chases automobiles on the public Exposed to Rabies. streets or highways. (a) Any law enforcement officer or Animal Control Officer may enter upon the private prop- erty 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 ','i§rabid,'' (3) Any dog that is kept under unsanitary and/or inhumane conditions such that the main- tenance ain- y such dog that is not properly claimed tonhe annoyance or keeping of the animalltthe ridsates odors withr..t n'10 calendar days shall be humanelydog's release,the owner shall be required to to the thatof the public in ks vicinity. euthanizerf/' )he owner of the dogthat is eutha- sign a document acknowledging that the dog's (4) Anydog kills or attacks another nized shall be responsible topaythe impound- rabies vaccination and/or City dog license are domesticnwhiofthel orwe'livestockprwithout provoca- p n p not-current. The Animal Warden shall immedi- (5)tion while off the owner's property. ing,boarding and euthanization costs. p (b) This section shall nota I to police ately provide a copy of such document to the The owning,llby any keeping,oor, harboring ly dogs under the control of a apply law City Clerk and to the appropriate law enforce- and/orany dogss shall any noise,unreasonably enforcement officer duringthe performance of ment officer. It shall be the responsibility of the excessively disturb the peace and quiet of official police activities. dog owner to have the dog vaccinated as pro- sonably person in the vicinity.The phraserbthe"peace Sec.30.15.Cruel vided in Section 30.9 of this Ordinance, and/or nqui and/or excessively y disturb peace �' to have the doglicensed as provided in Section and quiet"shall include,but is not limited to,the No owner shall fail a provide any dog with humane care and treatment,sufficient good and 30.7 of this Ordinance. If evidence of the creation of any noise by a dog which can be wholesome food and water, proper shelter and required vaccination or dog licensing is not Controltd by any person,aw enforcement including an Animalm protection from the weather,and veterinarycare received by the City Clerk within the specified alocationOfficer the law wnofficer,etyhfrem When needed toprevent suffering. No person three(3)day period,a citation may be issued. a off dog andowner's, property where shall beat,cruellyill treat,neglect,or otherwise Sec. 30.20. Coordination With theedog isy being kept, awhich noise occurs abuse anydogor cause or permit anydogfightVeterinarians. r of timewith over (1)1 least t fiveoless lapseute of e or other combat between dogs and humans The City may enter into Agreements with of time n one animal minute noise dlapsethe time Sec.30.16.Females in Heat. veterinarians to assist in the administration of between each during five Everyfemale dogin heat shall be confined the provisions, of this Ordinance. Said agree- dogs that pare respondingp gito shall not rs orly to ments shall insure that an orderlysystem is set are to trespassers or to in a building or other secure enclosure in such Y dogs that are teased or similarly provoked to manner that such female cannot come in con- up to coordinate the licensing, vaccination, tact with another dog, except for the express impoundment,quarantine,and/or euthanization, bark. purpose ofplanned breeding, as needed,of dogs within the City.Said Any person may, by telephone, notify P P or shall be con- 9agree- the on a leash while being exercised. ment shall also provide for a reasonable enfthe City Clerk,officer Animalf Control edOvioler,tiolaw Sec.30.17.Seizure of Dogs:Impounding. method of compensating veterinarians for the this Ordinance.e ant of on acageo sot,h o- seize,im ound,or restrain services that they provide to the City. eve ,cotA formaltelephcomplaint call does not,a how- Any personmay p Sec.30.21.Constitutionality. ever,constitute a formal to initiate the any dog found running at large,any dog without tY a veterinarian's metal tagattestingto its rabies If any portion of this Ordinance is for any citationit process. All formal complaints shall be vaccination and/or dogwithout its Cityreason held invalid or unconstitutional., such s Clerk and shall describeeg tothe attention stateof the City any portion shall be deemed a separate, distinct, Clerk and the dog, the acts license tag. Any person or officer (other than P the Animal Warden) impounding or restrainingand independent provision, and such holding committed by the dog,the name andth addressog,and such dogshall immediately deliver the same to shall not affect the validity of the remaining por- the person and haddress or harboringofthe persons dog, the Animal Warden. If the animal is collarless, tions thereof. the name the r the prompt-pt- the Animal Warden shall immediately ascertain Sec.30.22.Penalty. lythe oomplaint.The City Clerk shall then owhether the doghas a tatoo or embedded Any person, firm, or corporation violating of notify the personfineowning or eitherharbby the dog microchipas a means of identification. The any of the provisions of this Ordinance shall be door tag,actsandcomplained of, letter ber Animal Warden shall thereupongive notice to guilty of a misdemeanor. bat shall request that the nuisance P Sec.30.23.Effective Date. abated or eliminated within a specified time the owner of the impoundment or: if the owner is unknown, or cannot reasonably be reached, This Ordinance shall be in full force and period. The City i er ork shallawalso cameause otne shallpost notice of the impoundment at the Cityeffect from and after its passage and publica- cerAnimal Control Officerfilelaw port on the oft- p tion, accordingto law, and licenses required to investigate and a report on the tom- Hall(and at such other places as may be desig- q nated by the City Council). If such dog is not herein must be secured within Six (6) months plaint claimed within ten (10) calendar days of such thereafter by persons owning, harboring, or (c)Upon receipt of a second complaint of a notice and all fees and charges paid,the keeping dogs at the time of such passage and violation of this Ordinance,the City Clerk shall posted cause the Animal Control Officer or law enforce- Animal Warden shall place the dog in the cus- publication. ment officer to investigate and file a second tody of a suitable person or shall humanely WHEREUPON, said Ordinance was euthanize the animal. Any dog restrained or declared passed and adopted this 16th day of report on the complaint.If the offense is corrob- impounded shall receive humane treatment and October,1995. by certified by the investigation,ier, ntiythethe City Clerkwshall,or p Fran Miron,Mayor sufficient food,water and shelter. by borit letter, oftiperson owning or Sec.30.18.Sanitation. Attest: harboringof, andthe dog thatthe nuisanceviolations complainedbtor Anyperson who owns, keeps or harbors Mary Ann Creager,City Clerk land requirei we or (24)e abated or anydog, dogdaily Published in the White Bear Press October eliminated within twenty-four hours or must removed all feces,on a 25,1995. basis, from all enclosed dog runs or kennels, some other reasonable time llsbecified in the let-e and must remove, on a daily basis, any accu- Animal. Co oftr the letter shall mailed shallto the mulations of dogfeces which are visible from athetpe Officer and a copy t. be anylocation outside the boarders of that per- (d)mailed to person making the complaint. son'sproperty. If the owner fails to take corrective Sec.30.19.Ire Impounding Boarding action within twenty-four (24) hours (or withinp g and Fees. (a) The Animal Warden may charge such the time contact specifiedhin the letter),lawthe City Clerk reasonable impounding fees for the care and agencyellnd/ thea City Attorney, enforcementmboard of anydogrestrained or ire and/or the Attorney,inform them of anyand all such fees so imposed impounded ll be and the alleged violation,and request that the owner d to the Animal Warden at the me of sharecllaiming be cited. the dog. The CityCouncil shall annuallyreview Sec.30.14.Dangerous Dog Prohibition. all feeso ire sed b the Animal Wardeno (a) It shall be illegal forn any that haserson is own, determine their reasonableness, and may, by keep,decpossess dorangerous harbor any dog that beendanger- resolution, impose such additional fees reason- ous dog a his prohibition dog or potentially ablyrelated to the necessary and reasonable dog. This shall apply whether expenses incurred bythe Cityfor the ca said declarationother has occurred. Thiin the City or inshall transportation, and/or care of impounded dogs. also plyjurisdiction. This prohibition e All suchpfees must be paid to the Animal also apply whether said declaration was made pursuant to M.S.§347.50(or pursuant to anoth- Warden prior to release of the animal. The er statute or ordinance which is substantially Animal Warden shall issue a receipt to the similar to M.S.§347.50. owner evidencing such payment. (b) In the case where an animal has been 1.Ifg a has bitten as dog or potentially danger- impounded whose rabies vaccination and City dog bitten a person,then the dog shall P first be quarantined according to the provisions dog license are not current, no dog shall be of Section 30.10 Following said quarantine released unless the owner agrees to have the period,then the provisions of paragraphs(a)2 dog vaccinated and licensed within three (3) &3 of this Section shall apply. days from the time of release.At the time of the 2. The Animal Control Officer or law enforcement officer shall immediately seize and impound any dangerous dog or potentially dan- gerous dog that is found within the City. The dog will be kept no fewer than ten(10)calendar 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,or that the dog will be euthanized.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 loca- tion outside of the City,or to a proper facility to be euthanized.