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HomeMy WebLinkAbout2.d. Animal Code AmendmentAGENDA ITEM: Animal Code Amendment AGENDA SECTION: PREPARED BY: Gary D. Kalstabakken, Chief of Poli GENDA NO. 2 t ATTACHMENTS: Draft of Amended City Code 7 -4 APPROVED BY: RECOMMENDED ACTION: Discussion 4 ROSEMOUNT CITY COUNCIL City Council Work Session: May 11, 2011 EXECUTIVE SUMMARY ISSUE The City Code pertaining to Animal Control is being revised to reflect changes in state law and to make the Code easier to read and understand. BACKGROUND The Animal Control Code was last updated in 2004. At that time, significant changes were made that addressed dangerous and potentially dangerous dogs, dangerous animals, chicken coops and pigeon lofts, horses and prohibited animals. Dangerous and Potentially Dangerous Dogs The regulations regarding these dogs are included in state statute and cities are mandated to follow the state requirements. It is recommended that we retain the statutory language within the City Code because it is believed that most residents search the City's information first for requirements pertaining to animals. Policy considerations for this issue include: Recommend allowing for charging a petitioner of a hearing related to a dangerous or potentially dangerous dog up to $1000 for the cost of holding the hearing if the declaration is upheld. Hearing Board Recommendation is to eliminate the current language regarding the citizen representative be "preferably a veterinarian." The Mayor, Council Member and citizen representative is still the proposed Board but removing the language regarding a veterinarian opens the selection to a broader range of representatives who may have the knowledge, skills and interest to serve on this hearing board. Council may also consider changing the Board to utilizing a paid hearing officer. Recommend requiring specific proof of the insurer's knowledge of the declaration of dangerous or potentially dangerous in the bond or liability insurance information provided. Imposing the requirements essentially immediately and maintained until a hearing is held and a decision is rendered when a hearing is requested. Dangerous Animal Designation This is a regulation that is currently in the City Code; however, it is recommended that it be removed. While it may intuitively make sense it becomes problematic to impose the dangerous dog regulations upon another type of animal. For example, if cat is declared dangerous it would then be required to be kept inside a proper enclosure; but the house would not qualify as a proper enclosure if the windows or a door was open with only a screen as a barrier. While this makes sense for a larger dog, it may not be needed for a cat or other small house pet. In addition, it is believed that the Code's restrictions on Allowed and Prohibited Animals address this issue proactively. Emergency Declarations, Zoonotic Disease and Rabies The City Code currently includes a section that delineates actions that the Council may take in the event of natural disasters that impact animals and disease specific to animals. In the event of an emergency situation, the Council is authorized to make emergency declarations and take action whether it is in the City Code or not. If rabies or another animal disease outbreak occurs in the community, the State will be involved through any of many agencies: Department of Health, Animal Board of Health, Homeland Security and Emergency Management. Each of those agencies would have a lead role and have authority to impose restrictions and requirements. It is recommended that this section be removed from the Code as it is covered by other statutes and agencies. Other Considerations The issues discussed above have the greatest policy considerations. Other changes recommended and issues for Council to consider include: Removing definitions that are deemed unnecessary based upon the language being common definitions included within other state statutes, e.g. right -of -way, repetitive definitions of similar words, e.g. vicious, dangerous, fierce, or no longer applicable if sections are removed from the Code, e.g. zoonotic disease. Issuing of dog licenses This was briefly discussed when cat regulations were removed. If changes are desired it makes practical sense to implement those changes as the Code is being amended now. The current draft leaves the licensing process as is based upon licensing being an effective means to address dogs that are impounded without identification and claimed by owners. Owners are required to license the dog prior to the dog being released from impound; the owner must also provide proof of rabies vaccination. While licensing is generally a voluntary compliance process, licensing allows a method to deal with the owners whose dogs are at -large and do not have an ID tag or micro -chip for identification purposes. While micro- chipping is increasingly more common it can be problematic because it requires the owner to register and update information with the manufacturer. Allowing any type of ID tag with owner name and contact information does provide a means to return at -large dogs; however, City licensing creates a data base that includes the dog's description. This is helpful when a dog is found at large without an ID or if the dog will not allow anyone to approach close enough to read the tag because the data base can be searched to identify possible owners. If any ID tag is authorized, such as a tag purchased at a pet, hardware or other retail store, there is no registration information gathered. RECOMMENDATION Council is asked to provide direction on the policy issues identified and the regulations included in the amended City Code. This is presented as a first draft and it is anticipated a second discussion may be required to finalize the revised Code. 2 Chapter 4 ANIMAL CONTROL ARTICLE A. ADMINISTRATION AND ENFORCEMENT 7 -4A -1: DEFINITIONS 7 -4A -2: OFFICERS APPOINTED TO ENFORCE CHAPTER 7 -4A -3: INTERFERENCE WITH OFFICERS 7 -4A -4: ANIMAL SHELTER PROVIDED 7 -4A -5: RABIES, IMPOUNDING AND DISPOSAL OF ANIMALS, 1 I 1 7 -4A -1: DEFINITIONS: As used in this chapter, the following terms have the following meanings: ANIMAL: Any nonhuman mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. ALLOWED ANIMALS: Those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, spayed or neutered ferrets, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, and oth °imi1ar an mah3 T trained service animals that are assisting disabled persons. Farm Animal: Cattle, horses, ponies, mules, sheep, goats, swine (including potbellied pigs and other miniature varieties), ducks, geese, turkeys, chickens, and other animals of husbandry. Prohibited Wild Animals: Those animals that are commonly considered to be naturally wild and not naturally trained or domesticated, or that are commonly considered to be inherently dangerous to the health, safety and welfare of people. Unless othcrwisc defined, such Wild animals shall include, but are not limited to: A. Any member of the large cat family (family felidae) including, but net limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. B. Any naturally wild member of the canine family (family canidae) including, but-net-limited te,wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. 385347v1 MDT RS215 -6 1 C. Any crossbreeds between a wild and a domestic animal such as, but not limited to, the crossbreed between a wolf and a dog, or a wildcat and a domestic cat. This specifically includes any hybrid, or cross between a domestic, nondomestic, wild or exotic animal. The offspring from all subsequent generations of such crosses or hybrids are also considered nondomesticated animals. D. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including, but not limitcd to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. E. Any nonhuman primates including, but not limitcd to, orangutans, chimpanzee and gorillas, gibbons and siamangs, macaques, or any other ape or monkey. F. Any member or relative of the rodent, mustelid, marsupial (metatheria) or procyonidae family including, but not limitcd to, any skunk (whether descented or not) raccoon, squirrel, opossum, or prairie dog, but excluding those members otherwise defined as or commonly accepted as domesticated pets. G. Any member of the bear family. H. Any other animal that is not an allowed animal. AT LARGE: Any animal that is off the property of its owner and i idered -to be at large" at any timc whcn it is not "under restraint" as herein required. COMMERCIAL KENNEL: A place where more than five (5) dogs, cats, or ferrets over six (6) months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming such animals is conducted. COOP: Any structure used for the keeping of fowl. CUSTODY AND CONTROL: Any person, persons, firm, associatio shall be of sufficient age, knowledge and cxper4cxce to adequately and safely care for and n t ro l h a DANGEROUS: Able or likely to inflict injury or harm. DANGEROUS DOG: Any dog that: A. Has without provocation, inflicted substantial bodily harm on a human being while on public or private property. B. Has killed a domestic animal without provocation while off the owner's property; or 385347v1 MDT RS215 -6 2 C. Having been found to be potentially dangerous and after the owner has notice that the dog is potentiallv dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. FIERCE: Violently hostile or aggressive in temperament. GREAT BODILY HARM: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which otherwise causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. HORSE: Any breed of horse, pony, mule, ass or similar animal. LOFT: Any and all quarters in which pigeons are housed. OWNER: Any person or persons, firm, association or corporation owning, keeping, harboring, or in custody or control of animals within or being transported within the city. PET OR COMPANION ANIMAL: Airy animal owned, possessed by, cared for, or controlled by PIGEON: Any and all varieties of pigeons. POTENTIALLY DANGEROUS DOG: Any dog that: 385347v1 MDT RS215 -6 3 A. When unprovoked, inflicts bites on a human or domestic animal on public or private property; B. 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 owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROPER ENCLOSURE: An enclosure for an animal that securely confines the animal indoors; or, in an enclosure that has flooring that prevents digging, sides that prevent chewing or exit through them, and a covering that prevents escape and provides protection from the elements. This enclosure must be locked. A porch, patio, house, garage or other structure that cannot be locked or has walls, windows or doors that are not substantial enough to prevent the escape of the animal shall not be considered a proper enclosure. A door or window secured with only a screen is not a secure enclosure. UNDER RESTRAINT: A dog,or ferret is said to be under "restraint" if it is Ceontrolled by a leash; if it is under voice or signal command of a competent person, providing that the animal dog or ferret will obey such voice or signal commands; it-is within the limits of the owner's property; or whim lei is confined within a vehicle being driven or parked in the street. An animal dog or ferret is considered to be under restraint on a right of way, park or public property only when it is controlled with the use of a leash no longer than six feet (6') or when it is under voice or signal command in the exercise areas designated by the city. Retractable leashes may be used but must be kept to a length of six feet (6') or less when in the vicinity of any other person or animal. Registered dangerous dogs must be restrained as required by other sections of this chapter. formally dedicated to such usage. SERVICE ANIMAL: Animals that are individually trained to perform tasks for people with disabilities, such as: guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. SUBSTANTIAL BODILY HARM: Bodily injury that 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 to a service undcr which it is listed. 385347v1 MDT RS215 -6 4 VICIOUS: Dangerously aggressive. YARD OR SETBACK: A required open space en a let-, that is unoccupied and unobstructed from-the-ground-upward, except as otherwise provided for herein. The measurement of a yard YARD, STREET SIDE: "Street side yard" shall mean a side yafd that is adjacent to a street. XIV.24, 12 7 2004) 7 -4A -2: OFFICERS APPOINTED TO ENFORCE CHAPTER: The city council may appoint community service officers, animal control officers, humane agents or other officers to assist the police officers of the city in the enforcement of this chapter, and no person shall interfere with, hinder or molest thcm in the exercise of such powers. (Ord. XIV.24, 12 7 2001) 7 -4A -3: INTERFERENCE WITH OFFICERS: It shall be a violation of this chapter for any unauthorized person to break open a shelter or attempt to take from any officer any animal taken up in compliance with this chapter. (Ord. XIV.21, 12 7 2001) 7 -4A -4: ANIMAL SHELTER PROVIDED: The city council may provide for a city -owned animal shelter or may designate as an animal shelter a suitable kennel whether within or outside the limits of the city. (Ord. XIV.21, 12 7 2001) 7 -4A -5: RABIES, IMPOUNDING AND DISPOSAL OF ANIMALS, 1. Whenever the prevalence of rabies icndcrs such action necessary te-protect the public hcalth and cafcty, the council shall issue a proclamation ord- disease: confinement, and disposal of animals-or carcasses as is necessary to protect the public health, 385347v1 MDT RS215 -6 5 provided. B. Veterinarian Reports Of Rabies Or Zoonotic Dis ase Suspects: It shall be the duty of every licensed veterinarian to Any person having knowledge of an animal that is a rabies suspect or of an animal or human who may have been bitten by a rabies suspect must report it to the city police department suspect of any other zoonotic disease that may pose a significant threat to the public hcalth or other animal populations. (Ord. XIV.24, 12 7 2001) All rabies reports and incidents will be handled in accordance with the Minnesota Board of Animal Health rules and regulations. B. Impoundment: 1. Violation: In the event of a violation of this Chapter, any designated officer may capture and impound an animal in the city designated shelter. 2. Notice. Immediately upon the impounding of any animal wearing a current registration, the City will attempt to notify the owner of the impoundment and the conditions of regaining custody of the animal. Verbal notices will be confirmed in writing. 3. Right Of Entry: To enforce this chapter, designated officers may enter upon private premises where it appears or where there is reasonable cause to believe that an animal is not registered or is not being kept, confined or restrained as required herein, or in pursuit of an animal running at large. Any owner shall produce for the officer's inspection, the animal's registration or receipt upon request. 4. Length Of Impoundment: Any animal that is impounded in the city animal shelter shall be kept in the city shelter for at least five (5) business days unless sooner reclaimed by its owner. If such animal is known to be or is suspected of being rabid or has bitten a person, it shall be kept quarantined for a period as recommended by the Minnesota Board of Animal Health. C. Reclamation or Disposal of Impounded Animals: 1. Fines and Fees. Redemption fines are to be based on the number of offenses within a one year period. [This needs some clarification.] Fines shall be determined by council resolution and reviewed annually. An administrative fee shall be charged and collected by the city animal shelter, or cooperating pet adoption agency, to recover costs incurred by the shelter in caring for and maintaining the animal. 2. Registration: If the animal requires a city registration, such registration must also be obtained before the animal is released. 3. Abandonment/Adoption: If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be 385347v1 MDT RS215 -6 6 placed for adoption if appropriate. The shelter or cooperating pet adoption agency shall ensure that anyone purchasing unclaimed animals shall have the animal spayed or neutered prior to release, or as soon as conditions of health or age of the animal permit. Failure on the part of the adopting owner to comply with this section shall be a violation of this chapter. 4. Disposal: a. If an animal is not adopted, then it may be euthanized in a humane manner. Final determination on the adoptability of animals shall rest with the police department, in consultation with the city animal shelter or cooperating pet adoption agency. b. If the owner requests disposal of the animal, the owner shall pay_for the cost of disposal. A request to dispose of an animal must be made in writing to the police department, along with proof of ownership or an affidavit of ownership. Payment of the cost for disposal will be made to the police department by the owner upon filing of the request for disposal with the police department and receiving approval. c. Any animal that has a history of or shows a propensity to attack humans or other animals; or, has a documented history of attacks and bites on humans or other animals; or, is suspected to have a disease that can be transmitted to humans or other animals will not be placed for adoption but will be humanely euthanized. D. Killing Of Animals That Cannot Be Impounded: Any animal that is diseased, vicious; dangerous, rabid or exposed to rabies and cannot be captured or impounded after a reasonable effort or impounded without serious risk to the person attempting to capture or impound the animal, may be immediately killed by or under the direction of a police officer. AND COOP 385347v1 MDT RS215 -6 ARTICLE B. REGISTRATION AND CARE OF ANIMALS 7 -4B -1: ANIMAL REGISTRATION PROVISIONS 7 -4B -2: REGISTRATION PROVISIONS FOR COMMERCIAL KENNELS, LOFTS, 7 -4B -3: RESTRAINT OF ANIMALS REQUIRED 7 -4B -4: ANIMAL TAG, COLLAR, AND MICROCHIPPING REQUIREMENTS 7 -4B -5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS 7 -4B -6: DANGEROUS ANIMAL CONFINEMENT PROVISIONS 7 -4B -8: NOISE NUISANCES PROHIBITED 7 -4B -9: DISPOSAL OF ANIMAL FECES 7- 4B -10: KEEPING OF ANIMALS 7- 4B -11: HORSE REGULATIONS 7- 4B -12: MAINTENANCE OF FOWL AND BIRD 1 1 7- 4B -14: PREMISES REQUIREMENTS 7 7 -4B -1: ANIMAL REGISTRATION PROVISIONS: A. Requirements: 1. No person in the city shall own, harbor or keep a dog or ferret over six (6) months of age, within the city, unless a current city registration for such dog or ferret has been obtained as herein provided. a. All ferrets over the age of six (6) months kept within the city must be sterilized. 2. No person in the city shall own, harbor or keep a dangerous dog within the city, unless a current city registration for such dog has been obtained as herein provided in Article C of this chapter. B. Ownership Limits: 1. Household Limit: No person shall keep, maintain or otherwise house more than a combined total of five (5) cats, dogs or ferrets over the age of six (6) months within any household in the city of Rosemount unless authorized elsewhere in this chapter. a. For the purposes of this section, the term "household" refers to a single family residence or a single unit of a town home, condominium, apartment or comparable structure that is rented, leased or used as a single unit. b. This section shall not be construed to limit the ability of apartment managers, landlords, town home and condominium associations or other representatives of property owners to impose greater restrictions. 2. Exception: For premises that are ten (10) acres or more and zoned agricultural the resident may keep, maintain or otherwise house up to ten (10) cats over the age of six (6) months as long as they have been spayed or neutered and documentation to that fact is provided. C. Application: Application for city registration shall be made to the police department. It shall include such descriptive information as is necessary to provide a reasonable identification of the dog or ferret and owner. a. Thc city registration information; b. Thc required microchip, bond or liability insurance, 385347v1 MDT RS215 -6 8 identification of the animal. d. A current photograph of the animal. D. Term of Validity: 4, City registrations shall be valid for the period the certificate of rabies vaccination certifies, and shall expire on the date the rabies vaccination certificate expires. E. Fees: 1. City Registration: The city registration fee shall be set by council resolution and reviewed annually. The following provisions shall also apply: a. Fee Discount: Spayed or neutered dogs or ferrets shall qualify for a discount of half of the normal fee. b. Multiyear Registration: Spayed or neutered dogs or ferrets shall qualify for a multiyear registration. This multiyear registration shall expire on the date the rabies certification expires. c. Nonspayed Or Nonneutered Dogs And Ferrets: Nonspayed or nonneutered dogs and cats shall only be eligible for a yearly registration. The cost for the registration shall not be discounted. Nonneutered or nonspayed ferrets over six (6) months of age shall not be licensed and shall not be allowed in the city. d. Service Animals and Police Canines: Service animals and police canines shall be required to be registered but the normal fee will be waived. e. Senior Citizen Discount: Senior citizens shall be offered a fifty percent (50 discount of the registration fee. For purposes of this discount a "senior citizen" will be considered anyone aged fifty five (55) years or older. 2. City Dangerous Dog Registration: a The city dangerous dog and animal registration fee shall be set by council and reviewed annually. F. Vaccination: All animals dogs and ferrets in order to be registered: 1. Shall be vaccinated by a currently state licensed veterinarian. 385347v1 MDT RS215 -6 9 2. Shall have a current rabies vaccination, if required, and such vaccination shall be effective for the entire registration period. 3. Shall have a C current status of vaccinations as will bc determined by a veterinarian certification. A copy of said certificate must be submitted with and a copy retained with the application for registration. G. Duplicate Tags: In the event that any registration tag issued for any animal is lost, the owner must obtain a duplicate tag from the city on the payment of an amount as set by council resolution. or ferret is secured to replace it, the rcgis ion fer the deceased anima may bc transfcrred to of the original fcc and 17 H. New Resident Exemptions: Any dog or ferret owner, upon first becoming a resident of the city, shall be allowed thirty (30) days time within which to obtain the animal's registration. (Ord. XIV.21, 12 7 2004) 7 -4B -2: REGISTRATION PROVISIONS FOR COMMERCIAL KENNELS, LOFTS, AND COOPS, A. Registration, Requirements And Fees: No person shall: operate a commercial kennel; maintain a loft for the keeping of pigeons; or maintain a coop for the keeping of fowl; requirements of this chaptcr, without first obtaining any the required city registration and paying all fees as required in this chapter. B. Applications: A commercial kennel, loft, or coop application must be made to the police department and shall be accompanied by the specified registration fee, all documentation required, and a site plan, if required. 1. Commercial Kennel Registration: sunrisc. (Ord. XIV.21, 12 7 2004) 1• C 1 and DT. (Ord. XIV.24, 12 7 2004; amd. Ord. B 24-11-4-2044--) 385347v1 MDT RS215 -6 10 a. Occupants of all privately owned real estate abutting the premises for which the registration is sought shall be notified of the application by a mailing from designated city staff. d b. The application for a kennel registration shall state: (1) The name and address of the owner and the operator of a commercial kennel, (2) The address where the kennel is to be located, (3) A site plan for review, (4) Any required secure enclosure details, (5) The number of dogs, cats, or ferrets proposed to be kept. 2. Dangerous Dog And Dangerous Animal Registration: (2) The location whcrc the dangerous dog or dangerous animal is to be kept, (3) All required securc enclosure details, (1) All required vaccination or health records, 2. Pigeons Loft or Fowl Coop Registration: a. No person may keep pigeons or fowl on any residential premises in the city without first obtaining a registration as provided in this section. Pigeons or fowl may not be kept in such a manner as to constitute a nuisance to the occupants of adjacent properties. b. Not more than twenty five (25) pigeons may be kept on any residential premises. c. No more than three (3) fowl of any other species may be kept on any residential premises, and no rooster may be kept on a residential premises. 385347v1 MDT RS215 -6 11 d. Application for a license to keep pigeons or fowl on residential property shall be made to the police department and accompanied by the specified license fee. e. Licenses shall be issued on an annual basis. f. Occupants of all privately owned real estate abutting the premises for which the registration is sought shall be notified of the application by a mailing from designated city staff. g. Transfcr of r Registration for coops f the keeping o f f w' and lofts f the k eeping of pigeon are is nontransferable. h. The registration application shall include: (1) The name and address of the coop or loft owner, (2) The address where the coop or loft is to be located, (3) A site plan for review, (4) All required secure enclosure details, (5) The number of fowl or pigeons proposed to be kept. C. Issuance or Suspension of Registration, Or Contestation: 1. Generally: a The police department will issue the registration if all requirements are met. 2. -1s, If the application is missing any required documentation, or any necessary staff approvals or recommendations are missing or incomplete the application will be suspended until all required or missing items are supplied. 3. -e If there are written protests from surrounding property owners or staff the application and documentation will be forwarded to the city council, which may grant, limit, or deny the registration. not such a designation is justified. This request must be made in writing and delivered to the 385347v1 MDT RS215 -6 12 a. Initial RCN icw: Upon receipt of such request, the supervisor ef the animal control unit will city attorney will make an initial review ef the evidence suFFeunding the notice to determine if review panel. If there is insufficient evidence supporting the designation, the city attorney shall writing and shall indicate the reasons fer the findings. A copy -of the Endings shale provided -te resigns or is replaced by thc mayor. In thc cvci}t the-citizen representative is temporarily city staff to sit in thcir place. 385347v1 MDT RS215 -6 13 applicable requirements of this chapter er immediately cause the animal to be humanely destroycd or removed from the city limits. deg declared a potentially dangerous deg er dangerous 3. Seizure Of Dangerous Or Potentially Dangerous Anim �ft b. The animal is not maintained in a proper enclosure; or this chapter; or 385347v1 MDT RS215 -6 14 an owner may request annually authority may rescind the potentially dangerous or dangerous deg designation. d. Fourteen (14) days aftcr the owner has reeeiwcd netiec that the animal is dangerous or potentially chaptcr; an animal that inflicts substantial er great bodily harm as those tcrms are defined in of intcnt to destroy the animal to the animal ewncr. The owner shall have three (3) days from conductcd for that purposc. or crime upon thc premises occupicd by thc animal; or A. law cnforccment personnel for police work. (Ord. XIV.21, 12 7 2001) 7 -4B -3: RESTRAINT OF ANIMALS REQUIRED: All owners or persons in custody or control of an animal shall keep the his or her animal "under restraint" codc, at all times. statutcs, scction 347.52, rcgarding restraint, muzzling, rcquircmcnts of Minnesota statutes, section 347.52, regarding restraint, muzzling, and confincment shall also apply. (Ord. XIV.24, 12 7 2004) 7 -4B -4: ANIMAL TAG, COLLAR, AND MICROCHIPPING REQUIREMENTS: 385347v1 MDT RS215 -6 15 A. Upon complying with the registration provisions of this chapter, the City shall be issued to the owner a permanent tag, stamped with a number that will uniquely identify the animal and owner for which it was issued. B. Every dog and ferret animal owner is required to keep a valid tag securely fastened to the registered animal's chain, collar or harness, which must be worn by the animal at all times. C. The criteria and provisions -regar-ding the tagging, micrechipping, and posting of warning signs on the premises of a dog declared potentially dangerous or dangcrous under Mi„neseta statutes, sections 347.50 347.52 shall apply to this chaptcr. D. The criteria and provisions regar-Eling the tagging, tnicFechipping, and posting of warning signs on the premises of an animal declared potentially dangcrous or dangerous under this chapter shall be the same as XIV.24, 12 7 2001) 7 4B 5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS: A. No owner shall fail to provide: 1. Any animal with sufficient food, potable water, or proper diet appropriate for its species, 2. Proper shelter and protection from the weather appropriate for its species, 3. Veterinary care when needed to prevent suffering and maintain the normal health of the animal, and 4. Humane care and treatment. B. No person shall: 1. Abandon any animal anywhere within the city, or at the animal shelter designated by the city. Any owner of, or person in custody or control of, an animal who fails to retrieve an animal from the pound after notification from animal control shall be deemed to have abandoned such animal and to have violated this section. 2. Beat, treat cruelly, torment or otherwise abuse any animal. 3. Cause or permit any dog, cat, cock, or any animal fights. 4. Use any weighted collars, over two (2) pounds; any pronged collars that may cause injury or discomfort to the animal's neck (other than common electronic training collars); or any treadmill or other training device to develop any animal's stamina or musculature for any animal fighting. 316.57. (Ord. XIV.21, 12 7 2004) Leave any animal unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. 385347v1 MDT RS215 -6 16 7 -4B -6: DANGEROUS ANIMAL CONFINEMENT PROVISIONS: Dangerous animals must be confined in a proper enclosure. control of a compctcnt person. section 317.50 or this chapter shall bc kept in thc m section 347.52. purposes. (Ord. XIV.21, 12 7 2001} 1 1 1 3. Right Of Entry: To cnforcc this chapter, dcsignated-efficcrs may enter upon privatc premises whcre it app ars or whcrc there is reasonable cause to believe that an animal is net regiGGtcrcd or large. Any owner shall producc for the officer's inspection, the animal's rcgistration or receipt 4. Impoundment Of Rabies Or Othcr Zoonotic Diseasc Suspect: Any dog, cat, or ferret that has may be by the owner at his residence or a designated keel, and nccd net bc at thc city animal shelter, at the discretion of thc city animal control authority. But, if it is net at the city animal 385347v1 MDT RS215 -6 17 a. Any animal that has bitter a person or is suspected of being a carrier of a zoonotic disease may at manner as a rabies quarantine. b. Aftcr a period of time as required by the Minnesota board of animal health rule, if the animal animal may be reclaimed as hereinafter providcd. animal ntro1 d. Any animal that has been bittcn by a rabid animal, a rabies suspect, or is bclicved to havc been .ti na c h ap t° kept in the city shcltcr for at lcast fivc (5) busincss da hcalth rule. 1. Any animal that has a history indicating propensity to attack humans or other anima' or, bas 385347v1 MDT RS215 -6 18 humanely euthanized. maintaining the animal. ccction shall be a violation of this chapter. 5. The owner shall pay for the cost ef disposing ef any aii nal at the specific request of the owner. 7 -4B -8: NOISE NUISANCES PROHIBITED 385347v1 MDT RS215 -6 19 A. No person shall keep or harbor any animal annoys others by barking, crying, or other similar noises other mammals, or any creature. (Ord. XIV.24, 12 7 2004) Such disturbance is deemed a public nuisance. B. No person shall provide liquids or edible material to animals or wildlife in a manner that will cause a public nuisance by the number, size, or positioning of the feed within the boundaries of the city. C. Feeding in a manner that results in the attraction of animals that cause property damage, a threat to public health or animal health due to the number or type of animals attracted by excessive amounts of feed or feeders being placed, or the byproducts of the feed accumulating, are deemed a public nuisance and are prohibited. 7 -4B -9: DISPOSAL OF ANIMAL FECES: A. All persons in control of an animal on any park property, public property or right of way shall have in possession at all times apparatus that can be used for cleaning up feces, or a bag for proper disposal of feces. The person in control of an animal is responsible for picking up the animal's feces and disposing of it properly. Failure to properly collect and dispose of animal feces is a violation of this chapter. B. A property owner is required to clean all feces from his or her property every twenty four (24) hours in a residential area. [is this something you want to keep? Or try to enforce C. Any stable, barn or yard area in which horses, cattle or any farm animals are kept shall be kept clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors, breeding of insects, public nuisance, or a public health nuisance, and in no case less than weekly. D. Manure on public streets, roadways, or public right of way shall be removed by the owner, rider or driver of a horse and disposed of properly on the person's property, or in a public waste receptacle if the manure is packaged in a sealed plastic bag or similar container. EOM XIV.21, 12 7 2001) 7 4B 10: KEEPING OF ANIMALS: The keeping of allowed animals, following manner: A. Farm animals are permitted on all property zoned by the city as agricultural and on property owned by the University of Minnesota while used for agricultural or research purposes. Farm animals may not be confined in a pen, feed lot or building within one hundred feet (100') of any residential dwelling not owned or leased by the farmer except as otherwise allowed in this chapter. Allowed animals, pigeons and fowl may be kept on residential property as regulated within this chapter. B. Allowed animals may be kept in all zoning districts in accordance with other applicable ordinances and laws concerning care, maintenance, registration, and restraint. C. Wild animals are prohibited from being kept in all parts of the city, except as otherwise allowed in this chapter. A wild animal may be transported through the city if the transit period is thirty (30) minutes or less in duration and the wild animal is kept securely restrained in a proper enclosure or cage appropriate for the species during the transit period. D. Commercial kennels are allowed in all areas zoned agricultural or commercial, except C -1 and DT. 385347v1 MDT RS215 -6 20 is regulated in the allowed by this section to irapert, trarispert, sell, transfer, barter, ewn, or possess certain wild, or prohibitcd animals that: 1. Pose a possibility of harmful competition for indigenous wildlife. 2. Pose a possibility of the introduction of a disea c or pest harm agricultural interests. /1. Pose a possibility of endangering the physical safety of human bcings. 6. Are defined as a prohibited or wild animal in section 7 4A 1, "Definitions of this chapter. l4: E. The provisions of this section shall not apply to: 1. Institutions accredited by the American Zoo and Aquarium Association (AZA) or the American Sanctuary Association (ASA) that are permitted uses within the city. 2. Registered nonprofit humane societies. 3. Animal control or law enforcement officers acting under the authority of city, county, state or federal regulation, rule, ordinance or statute. 4. Licensed veterinary hospitals or clinics. 5. State licensed wildlife rehabilitators. 6. Licensed or accredited research or medical institutions. 7. Licensed or accredited educational institutions. 385347v1 MDT RS215 -6 21 8. Service animals, as allowed by state or federal law. as defined in this chapter if application of gh the city. Such temporary transit period shall be thirty (3.0) minutes er kss in duration and the prohibited or wild animal an enclosure or cage appropriate to the species within that time. L F. No private zoos, game farms, hunt clubs or animal exhibitions are allowed within any city districts. J G. Commercial purpose: Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. I€ H. Pet shops and commercial kennels: Animals kept in pet shops or kennels shall be kept in accordance with regulations for licensing and regulating pet shops and kennels in addition to the regulations provided by this chapter. (Ord. XIV.24, 12 7 2004) [What does this mean? Can we delete 7- 4B -11: HORSE REGULATIONS: A. The keeping of horses is an allowed permitted use in the agricultural and rural residential zoning districts, provided: 1. Minimum Lot Sizc: The minimum lot size is at least two and one -half (2.5) acres. 2. Number Of Horses: The number of horses may does not exceed one horse per one acre. 3- B. Exceptions: 1. Miniature horses: the number of miniature horses allowed per acre is shall-be three (3). 2. Commercial stables: Horses kept in commercial stables, may exceed thise limits However, all regulations regarding the welfare, care, and keeping of horses, manure management and any other applicable ordinance, statute, or regulation shall be met. 385347v1 MDT RS215 -6 C. It shall be unlawful for any person to ride or drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public right of way without appropriate lighting or reflective material. D. It shall be unlawful for any person to ride, drive or otherwise take a horse into any public park or other public property, except within the right of way of public streets. E. Every person riding a horse or driving a horse drawn vehicle shall be subject to the applicable provisions of this code and Minnesota state statutes regulating motor vehicle traffic. (Ord XIV.24, 12 7 2004) 22 7- 4B -12: MAINTENANCE OF FOWL AND BIRDS A. Fowl Not To Be At Large: No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may permit the same to run at large or enter upon the premises of another without permission, nor may any such fowl or birds be kept, raised or permitted to go on any street, park, lake or public ponding area. B. Limitation On Number: No more than three (3) fowl or birds may be kept or raised on any residential property in the city. This limitation does not apply to the keeping of pigeons pursuant to a license under the provisions of this chapter section. C. Injury Or Annoyance To Others: No fowl or birds may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. D. Impounding Of Fowl Or Birds: A fowl or bird at large in violation of this section may be impounded by the city, and after being impounded for five (5) business days or more without being reclaimed by the owner, may be humanely euthanized or sold. A person reclaiming any impounded fowl or bird shall pay the cost of impounding and keeping the same. E. Feeding Within Loft Or Coop: Pigeons and fowl shall be fed within the confines of the loft or coop on the premises on which the pigeons or fowl are housed. F. Confinement: Pigeons and fowl must be confined to the loft or coop except for short periods of exercise during which time they may be permitted to exercise in the fenced enclosure area, or in the case of pigeons, to fly outside the loft. f Birds, Fowl, Or Other Argils: Prohibition, ne persen shall pros liquids or of the feed accumulating, arc deemed a public nuisancc and are prohibited. (Ord. XIV.21, 12 7 2001) A A. Dangerous Dogs: 385347v1 MDT RS215 -6 23 previously declared dangerous, or potentially dangerous by another agency or jurisdiction within up residency in the city. The owner must comply immediately with all requirements for posting restraint, muzzling, and confinement. 3. Report Required; Rental Notification: The owner of arty deg that hac been dcclarea dang or within tcn (10) days. 6. Failure To Mcct Requirements: Failure 4e mcet the requirement of this chapter or the a al shalh 385347v1 MDT RS215 -6 24 dangerous animal on the premises. leshing, microchipping, and posting of premises. (Ord. XIV.21, 12 7 2004) 7 4B 14: PREMISES REQUIREMENTS: A. Fcncc For Confinement; Commercial Kennels: 1. Fence requirement: No permit shall be granted to any owner for the operation of a commercial kennel unless any outdoor area within which the animals are to sleep, eat or exercise shall be enclosed completely with a fence of sufficient height and strength to ensure the confinement of said animals. 4, 2. Hours: Commercial kennels shall house all animals indoors between the hours of sunset and sunrise. Outdoor runs shall be regulated by zoning district. [What does this mean statutes, scctions 317.50 317.52 and this article. B; 3. Kennel Sanitation: Every kennel, caging or containment enclosure for animals shall be maintained and operated in a neat and sanitary manner. All refuse, garbage and animal waste shall be removed at least daily so as to keep the surrounding area free from obnoxious odors. E 4. Noise Nuisance Prohibited: 4, Any disturbance or nuisanc created by way of noise or vocalization by animals orate in commercial kennels that unduly impairs the quiet and peaceable enjoyment of residents of surrounding properties is deemed a public nuisance. l; B. Lofts And Coops: 1. Lofts and coops must be cleaned and kept in a sanitary manner free of objectionable odors and wastes as often as necessary to prevent contamination of the animal(s) contained therein, and any other animals or humans who may come in contact with them, but in no case less than weekly. 385347v1 MDT RS215 -6 25 2. Grains and food stored for the use of pigeons or fowl on any licensed premises shall be kept in rodentproof containers. 3. The loft or coop shall be constructed as to be fly free and rodentproof. 4. The loft or coop shall be elevated a minimum of twelve inches (12 and a maximum of twenty four inches (24 above grade to ensure circulation beneath the loft or coop. 5. The loft or coop shall: a. Rest upon concrete footings which penetrate the soil twenty four inches (24 and have a twelve inch (12 right angle extending outward from the base, b. Have a maximum height of six feet (6'), c. Be screened from view by fencing or evergreen plantings with a minimum height of four feet (4'), and d. Be set back seventy five feet (75') from any adjoining residential structure, and ten feet (10') from the property line. C. Housing Facilities: All facilities for housing animals shall: 1. Be constructed of material appropriate for the animal involved; 2. Contain and restrain the animal they are designed or built to contain without causing injury to, or depriving the animal of necessary environmental elements; 3. Be maintained in good repair; 4. Be controlled as to temperature, ventilation, lighting, and humidity as necessary to provide conditions compatible with the health and comfort of the animal(s); 5. Be sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns; 6. Bc built to c Conform with the property line setback standards for accessory buildings, side yards, and rear yards under the city's zoning regulations (Sec the official zoning regulations of the city.); 7. Be cleaned as often as necessary to prevent contamination of the animals contained therein, and any other animals or humans who may come in contact with them, but in no case less than weekly; 385347v1 MDT RS215 -6 26 8. Be cleaned in a manner utilizing proper protocols, methods, equipment and materials recommended to minimize disease hazards or transmission as required by particular species of animal; and 9. Be cleaned as necessary to reduce objectionable odors. 10. Enclosures confining domestic animals to an area of less than half of a rear yard area must conform with the property line setback standards for accessory buildings. (Ord. XIV.24, 12 -7- 2004) ARTICLE C. POTENTIALLY DANGEROUS AND DANGEROUS DOGS 7 -4C -1: ADOPTION BY REFERENCE: 385347v1 MDT RS215 -6 [New Article] 7 -4C -1: ADOPTION BY REFERENCE 7 -4C -2: DECLARATION BY POLICE OR ANIMAL CONTROL 7 -4C -3: EXCEPTIONS 7 -4C -4: NOTICE TO OWNER 7 -4C -5: CONTESTING DECLARATION OF POTENTIALLY DANGEROUS OR DANGEROUS DOG 7 -4C -6: HEARING PROCEDURE 7 -4C -7: EFFECT OF FINDINGS 7 -4C -8: APPEAL 7 -4C -9: REVIEW OF DESIGNATION 7- 4C -10: REGISTRATION OF DANGEROUS DOGS 7- 4C -11: ADDITIONAL REQUIREMENTS 7- 4C -12: SEIZURE 7- 4C -13: RESTRICTIONS ON DOG OWNERSHIP 7- 4C -14: DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES 7- 4C -15: PENALTIES Except as otherwise provided in sections 7 -4C -2 to 7- 4C -15, the regulatory and procedural provisions of Minn. Stat. 347.50 to 347.565 are adopted by reference. 7 -4C -2: DECLARATION BY POLICE OR ANIMAL CONTROL: A police officer, community service officer, or Animal Control Officer may declare a dog to be dangerous or potentially dangerous. 27 7 -4C -3: EXCEPTIONS: A. The provisions of sections 7 -4C -1 to 7 -4C -15 do not apply to dogs used by law enforcement officials for police work. B. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was sustained by a person who was: 1. committing a willful trespass or other tort upon the premises occupied by the owner of the dog; 2. provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing, or assaulting the dog; or, 3. committing or attempting to commit a crime. 7 -4C -4: NOTICE TO OWNER: If a dog is declared potentially dangerous or dangerous, the police department will give notice, by delivering or mailing it to the owner of the dog, of intent to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in section 7- 4C -5(A) and the result of the failure to contest the designation as described in section 7- 4C -5(B). Upon receipt of notice of intent, the dog owner must comply with the requirements of section 7 -4C -11 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. 7 -4C -5: CONTESTING DECLARATION OF POTENTIALLY DANGEROUS OR DANGEROUS DOG: A. If the owner of an animal has received a notice of intent to declare the animal as a potentially dangerous or dangerous animal, the owner may request that a hearing be conducted to determine whether or not such a designation is justified. This request must be made in writing and delivered to the police department within fourteen (14) days of receipt of the notice of intent to declare an animal as potentially dangerous or dangerous. B. If the owner of an animal receives a notice of the intent to declare an animal as potentially dangerous or dangerous, and the owner fails to contest that notice within fourteen (14) days, the owner shall be considered as having forfeited the right to the hearing and the designation of the dog as potentially dangerous or dangerous is final. The animal control unit will then issue a declaration of dangerous or potentially dangerous animal to the owner and the owner must immediately comply with all applicable requirements of this chapter or cause the animal to be humanely destroyed or removed from the city. 385347v1 MDT RS215 -6 28 7 -4C -6: HEARING PROCEDURE: The animal control review panel will conduct the hearing. The panel will consist of the mayor, a council member, and a citizen representative. The panel will schedule a hearing and may call witnesses and review documents as needed to make a determination on the issue. Owners shall have the right to present evidence on their behalf and to cross examine any witnesses. A simple majority of the members of the panel is necessary for a finding that the animal is either dangerous or potentially dangerous. The burden of proof is on animal control. A finding supporting a designation of dangerous or potentially dangerous animal must be proven by a preponderance of the evidence. The decision of the animal control review panel shall be in writing and shall indicate the reasons for the findings. A copy of the findings shall be provided to animal control and the animal owner. 7 -4C -7: EFFECT OF FINDINGS: If the panel finds there is sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of this chapter or immediately cause the dog to be humanely destroyed or removed from the city limits. 7 -4C -8: APPEAL: If the owner of the dog disputes the decision of the panel, the owner shall have the right to appeal the decision to the Rosemount city council. The appeal must be filed with the police department within fourteen (14) days of the panel's ruling. If the owner of the animal disputes the findings of the city council, the owner may appeal to the Minnesota court of appeals as provided by state law. 7 -4C -9: REVIEW OF DESIGNATION: Beginning six (6) months after a dog is declared potentially dangerous dog or dangerous, an owner may request annually that the animal control review panel review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. It the animal control review panel finds sufficient evidence that the dog's behavior has changed, the authority may rescind the potentially dangerous or dangerous dog designation. 7- 4C -10: REGISTRATION OF DANGEROUS DOGS: A. Requirement. No person may own a dangerous dog in the City unless the dog is registered as provided in this section. B. Certificate of Registration. The City will issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: 385347v1 MDT RS215 -6 29 1. a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the police department that there is a dangerous dog on the property; 2. a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; 3. the owner has paid the annual registration fee as provided for in this Section; and 4. the owner has had microchip identification implanted in the dangerous dog as required under Minn. Stat. 347.515. C. Warning Sign. If the City issues a certificate of registration to the owner of a dangerous dog under section 7- 4C- 10(B), the City will provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. D. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a dangerous dog. E. Tag. A dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as dangerous. This tag must be affixed to the dog's collar and worn by the dog at all times. 7- 4C -11: ADDITIONAL REQUIREMENTS: A. Enclosure and Proper Restraint. An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. B. Registration Renewal. An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction. C. Death or Transfer. An owner of a dangerous dog must notify the City police department in writing of the death of the dog or its transfer, and must, if requested by the police department, execute an affidavit under oath setting forth either the circumstances of the dog's death and 385347v1 MDT RS215 -6 30 disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. D. Sterilization. The City shall require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the City shall have the animal sterilized at the owner's expense. The owner may contest and appeal a decision requiring a dog to be sterilized in accordance with the procedures set forth in section 7-4C-5(A). E. Rental Property. A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. A dog owner, who is currently renting property, must notify the property owner within 14 days of City notification if the dog is newly declared as dangerous and the owner keeps the dog on the property. F. Sale. A person who sells a dangerous dog must notify the purchaser that the dog has been declared dangerous. The seller must also notify the City police department with the new owner's name, address, and telephone number. G. Training Required: Any dangerous, or potentially dangerous dog, and its owner shall be required to attend and complete animal behavioral modification and socialization training, from a list of providers of such services maintained by the city. Failure to comply with this provision will be a violation of this chapter and punished as herein defined. The costs for this training will be the responsibility of the animal owner. H. New Resident: If any dog comes into residency in the city and has been previously declared dangerous or potentially dangerous by another agency or jurisdiction within the state, the owner shall report this to the city police department within ten (10) days of taking up residency in the city. The owner must comply immediately with all requirements for posting, restraint, muzzling, and confinement. 7- 4C -12: SEIZURE: A. Immediate seizure. An animal control officer or any police officer may immediately seize any dangerous or potentially dangerous dog or dangerous animal and /or issue a citation or summons to the owner of any dangerous dog or animal if: 1. Within fourteen (14) days after the owner has received notice that the animal is dangerous, the animal is not validly registered and microchipped as required by this chapter; or 2. The animal is not maintained in a proper enclosure; or 3. The animal is outside the proper enclosure and is not muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible competent person; or 385347v1 MDT RS215 -6 31 4. Fourteen (14) days after the owner has received notice that the animal is dangerous or potentially dangerous, the owner does not secure the proper liability insurance or surety bond as required by this chapter; or 5. After the owner has been notified that the animal is dangerous or potentially dangerous, the animal bites or attacks a person or domestic animal; or 6. The dog is not sterilized within 30 days pursuant to section 7 4C 11(D). B. Conviction. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. C. Reclaimed. A dangerous dog seized under section 7- 4C -12(A) may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the police department that the requirements of sections 7 -4C -10 and 7 -4C -11 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. 35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. D. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of sections 7 -4C -10 or 7- 4C -11, and the person is charged with a subsequent violation relating to the same dog, the police department must seize the dog. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the City of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under Minn. Stat. 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confining, impounding, and disposing of the dog. E. Disposition of Seized Dogs. 1. Right to hearing. The owner of any seized dog has the right to a hearing by the Animal Control Review Panel. The notice and hearing requirements in sections 7 -4C -4 to 7- 4C-8 will apply to a hearing requested under this Section. Any hearing requested under this Section will be held within 14 days of the request. In the event that the seizure is upheld by the Panel, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog owner. The Panel will issue a decision within ten days after the hearing. The decision will be hand- delivered to the dog's owner or delivered via registered mail as soon as practical and a copy will be provided to the City police department. 2. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care 385347v1 MDT RS215 -6 32 and keeping. The security must be posted within seven days of the seizure inclusive of the date of seizure. 7- 4C -13: RESTRICTIONS ON DOG OWNERSHIP: A. Dog ownership prohibited. Except as provided in paragraph C of this Section, no person may own a dog if the person has been: 1. convicted of a third or subsequent violation of sections 7 -4C -10 or 7 -4C -11 or Minn. Stat. 347.515; 2. convicted of 2n degree manslaughter due to negligent or intentional use of a dog under a violation under Minn. Stat. 609.205, clause 4; 3. convicted of a gross misdemeanor harm caused by a dog under Minn. Stat. 609.226, subdivision 1; 4. been convicted of a violation under Minn. Stat. 609.226, subdivision 2; 5. had a dog ordered destroyed under section 7 -4C -14 and been convicted of one or more violations of sections 7- 4C -10, 7- 4C -11, Minn. Stat. 347.515 or 609.226, subdivision 2. B. Household members. If any member of a household is prohibited from owning a dog under paragraph A, unless specifically approved with or without restrictions by the City, no person in the household is permitted to own a dog. C. Dog ownership prohibition review. Beginning three years after a conviction under section 7- 4C -13(A) that prohibits a person from owning a dog, and annually thereafter, the person may request in writing to the City police department that the Animal Control Review Panel review the prohibition. The Panel may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the Panel deems appropriate. The Panel may rescind the prohibition entirely or rescind it with limitations. The Panel also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the Panel rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the Panel may permanently prohibit the person from owning a dog in this state. 7- 4C -14: DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES: A. Circumstances. Notwithstanding sections 7 -4C -10 to 7- 4C -13, a dog may be ordered destroyed in a proper and humane manner by the City police department if the dog: 385347v1 MDT RS215 -6 33 1. inflicted substantial or great bodily harm on a human being on public or private property without provocation; 2. inflicted multiple bites on a human being on public or private property without provocation; 3. bit multiple human victims on public or private property in the same attack without provocation; or 4. bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. B. Hearing. The police department may not destroy the dog until the dog owner has had the opportunity for a hearing before the Animal Control Review Panel. 7 4C 15: PENALTIES: A. Any person violating the provisions of sections 7 -4C -10 or 7- 4C -11, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to penalties specified for misdemeanors in Minn. Stat. 609.03, as amended from time to time. Each day that a violation exists shall constitute a separate offense. B. It is a misdemeanor to remove a microchip from a dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a dangerous dog's death or change of location where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or change of location where the dog will reside, or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property. C. A person who is convicted of a second or subsequent violation of paragraphs (A) or (B) is guilty of a gross misdemeanor. D. An owner who violates Minn. Stat. 347.542 or section 7 -4C -13 of this chapter is guilty of a gross misdemeanor. E. Any household member who knowingly violates Minn. Stat. 347.542, subdivision 2, or section 7 -4C -13 of this chapter is guilty of a gross misdemeanor. ARTICLE D. VIOLATIONS AND PENALTIES 7- 4€D -1: VIOLATION, REVOCATION AND HEARING 7 4C 4: 7 -4D -2: PENALTIES 7 4C 5: 7 -4D -3: STATUTORY CITATIONS 7 4CD 6: 7 -4D -4: CONFLICT 385347v1 MDT RS215 -6 34 7- 4€D -1: VIOLATION, REVOCATION AND HEARING: A. The council may revoke any commercial kennel, loft, coop, city animal registration, or dangerous animal registration for violation of this chapter or for violation of any other applicable local, state, or federal health or nuisance ordinance, order, law or regulation. B. Before revoking a registration, the animal owner shall be given notice of the meeting at which such revocation will be considered and if the owner is present at such meeting, he shall first be given an opportunity to be heard. 1. Notice of such meeting shall be given to the owner in writing, mailed to the address of the owner as set forth in the application, and mailed at least five (5) days prior to the date of the meeting for consideration of the matter. 2. If the council finds, after hearing evidence and testimony, that a sufficient violation of the ordinances hasve occurred, it they may suspend, place conditions on wit, or revoke the animal registration. The council may also take any appropriate action to abate a public nuisance caused by an animal or its owner. 3. If, the owner does not comply with the council action, then the City may seize and hold the animal pursuant to applicable laws. nima covered by such or, the requirements of this chapter for commercial ke crous dog registration, or dangerous animal registration. (Ord. XIV.24, 12 7 2004) 4. Registration and hearings related to dangerous dogs are governed by Article C. 7 /1C 2: PROCEEDINGS-; ABATEMENT OF NUISANCES CAUSED BY ANIMALS: animal is not kept, restrained, confined, -registered, tagged, or microchippcd as required by this chapter; or 385347v1 MDT RS215 -6 35 chapter; Then the procedure in subsection B of this section shall be followed. policc or any other officer dcsignatcd. from the date thcreof and shall be served persenall-y; or, if personal service is not possible; by d an d ti e f a 2. Finding Of Facts Arc Truc: Upon such hewing and finding of facts true as complained of the judgc shall: b. Ordcr thc owner to remove it from thc city, c. Ordcr it confined to a dcsignatcd place, or d. Ordcr its salc or othcr disposition. transmitted a zoonotic disease at thc time of the bite. 1. Animal With Rabies: In thc event that said animal is rabid; or such animal is capablc of carrying and tested as nccdcd. 347.56, 353.235 and 35.71 regarding seizure, hearings, casts, and disposal of unclaimed animals arc incorporatcd hcrein. C. Failurc To Comply With Ordcr: 385347v1 MDT RS215 -6 36 provision, be liable to the punishment for violation of this chapter. 2. The criteria and procedures set forth in Minnesota statutes, section dangerous dog arc incorporated herein. E. Costs: Costs -of the procee specified by this section shall be provisions of this chapter shall bc thc responsibility of the owner. 7 1C 3: EXEMPTIONS FROM PROVISIONS: ordinances Ord. XIV.21, 12 7 2001) within thc city bc kept under restraint. 12 7 2001) 385347v1 MDT RS215 -6 37 7 4C 4: 7 4D -2: PENALTIES: Unless otherwise provided in this chapter, Aany person(s) who shall violates the terms or provisions of this chapter shall be guilty of a misdemeanor and upon conviction, a violation shall be punishable by a fine or imprisonment, or both, as provided stipulated by Minnesota state statutes. A. Exccption: If Ppenalties greater than those set forth in this section are allowed impesed by Minnesota state statute, for various scctions of this chaptcr. In such cases the more severe penalties may shall be applied. (Ord. XIV.24, 12 7 2004) 7 4C 5: 7 -4D -3: STATUTORY CITATIONS: Any spccific citations References to Minnesota state statutes in this within-ally-sections-of-the chapter also include any amendments to those statutes. (Ord. XIV.24, 12 -7 -2004) 7 4C 6: 7 -4D -4: CONFLICT In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code in this city, the provision which establishes the higher standard for the promotion and protection of the health and safety of people or animals shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the city existing on the effective date of this chapter which established a lower standard for the promotion and protection of the health and safety of people or animals, the provision of this chapter shall be deemed to prevail. The determination of the applicability of this chapter, in light of the above rules of interpretation, shall be made by the city and its determination shall be final. (Ord. XIV.21, 12 7 2004) 385347v1 MDT RS215 -6 38