ORDINANCE NO. 02-01
CHAPTER XI. ANIMAL CONTROL
An ordinance relating to animal
control: amending Askov City Code by adding a section: repealing Askov City
Code, sections 508.01 to 508.21.
The City Council of the City of Askov ordains:
Section 1: Askov City Code is amended by adding a section to read:
Section 1101 – Animal Control
1101.01 Definitions. Subdivision 1. As used in
this section, the terms defined in this subsection have the meanings given
them.
Subd. 2. "Animal" means a mammal, reptile, amphibian, fish, bird (including fowl and poultry) or other member commonly accepted as a part of the animal kingdom.
Subd. 3. "Domestic animals" means those animals commonly recognized as domesticated household pets. The term includes dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, domesticated ferrets, fish, non-poisonous and non-constricting reptiles or amphibians and other similar animals.
Subd. 4. "Non-domestic animals" means those animals commonly recognized as naturally wild and not naturally trained or domesticated or that are commonly considered to be inherently dangerous to the public health, safety, and welfare: the term includes;
1) A member of the large cat
family (family felidae) including lions, tigers, cougars, bobcats, leopards and
jaguars, but excluding commonly accepted domesticated house cats.
2) A naturally wild member
of the canine family (family canidae) including wolves, coyotes, dingoes and
jackals, but excluding commonly accepted domesticated dogs.
3) A crossbreed such as the
crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted
as a domesticated house pet.
4) A member or relative of
the rodent family including skunks (whether or not descented), raccoons, or
squirrels, but excluding those members otherwise defined or commonly accepted
as domesticated pets.
5) A poisonous, venomous, constricting or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
6) Any other animal not
listed above but which can be reasonable included in the definitions in this
subdivision, including but not limited to bears, deer, monkeys and game fish.
Subd. 5. "Farm animals" means those animals commonly associated with a farm or performing work in an agricultural setting. The term includes members of the equestrian family (horses, mules), bovine family (cows, bulls) sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese potbellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.
Subd. 6. "Cat" means and includes both the male and female of the
felidae species commonly accepted as domesticated households pets.
Subd. 7. "Dog" means and includes both the male and female of the
canine species, commonly accepted as domesticated household pets and other
domesticated animals of a dog kind. An “adult dog” is a dog more than six
months of age.
Subd. 8. "Owner" means a person owning, keeping or harboring an animal.
Subd. 9. "At
large" means off the premises of the owner and not under the custody and
control of the owner or other person, either by leash, cord, and chain or
otherwise restrained or confined.
Subd.
10. "Release permit" means a permit
issued by the animal control officer for the release of an animal that has been
taken to the pound. A release permit may
be obtained upon payment of a fee in accordance with that regular license
requirement if the animal is unlicensed, payment of a release fee, any
maintenance costs incurred in capturing and impounding the animal. The release fee is set in the Appendix
II. The fee increases for each
impounding. For the purpose of a release
permit, any change in the registered ownership of an animal subsequent to its
impoundment and release resets that animal's impoundment count to the beginning
of the fee scale.
Subd. 11. “Unprovoked” means the condition
in which the animal is not purposely stimulated, agitated or disturbed.
1101.03 Dogs and cats. Subdivision 1. Running at Large Prohibited. It is unlawful for any person who owns,
harbors or keeps a dog, or the parents or the guardians of any such person
under 18 years of age, to allow the dog to run at large. Dogs on a leash and accompanied by a
responsible person or accompanied by and under the control and direction of a
responsible person so as to be effectively restrained by command or by leash,
but are permitted in streets or on public land unless the City has posted an
area with signs reading "Dogs Prohibited".
Subd.
2. License required.
a) Adult dogs kept, harbored, or
maintained by their owners in the City, must be licensed and registered with
the City. The City Administrator will issue a dog license upon payment of the
license fee. The license is valid for
one year. The owner must state, at the
time of application is made for the license and upon forms provided for such
purpose, the owner’s name and address and the name, breed, color and sex of
each dog owned or kept by the owner. A
license will not be granted for a dog that has not been vaccinated against
distemper and rabies. Vaccination may be
performed only by a doctor qualified to practice veterinary medicine in the
state in which the dog is vaccinated. A
veterinarian who vaccinates a dog to be licensed in the City must complete a
certificate of vaccination. One copy
will be issued to the dog owner for affixing to the license application.
b) A dog owner must pay the license fee
imposed by Appendix II.
c) Upon payment of the license fee, the
control officer will issue to the owner a license certificate and metallic tag
for each dog licensed. The tag will have
stamped on it the year for which it is issued and the number corresponding with
the number on the certificate. The owner
must provide each licensed dog with a collar to which the license tag must be
affixed and see that the collar and tag are constantly worn. If a dog tag is lost or destroyed, the
control officer will issue a duplicate. Dog tags are not transferable from one dog to another. A refund will not be made on any dog license
fee or tag because of death of a dog or the owner's leaving the City before the
expiration of the license period.
d) This subdivision does not apply to
1. dogs whose owners are non-residents
living temporarily in the City,
2. dogs brought into the City for the
purpose of participating in a dog show, or
3. "seeing eye" or other dogs
properly trained to assist handicapped persons for the purpose of aiding them
in going from place to place. Proof of
vaccination is still required.
e)
The funds
received by the City for dog licenses and metallic tags fees will first be used
to defray any costs incidental to the enforcement of this section; including,
but not limited to, the costs of licenses, metallic tags and impounding and
maintenance of the dogs.
f)
Failure to
obtain a license for an animal is a violation of this section. City may impose a fee for non-licensure.
Subd.
3 Cats. The City Council may decide by
resolution that cats are to be controlled by this section insofar as running at
large, pickup, impounding, boarding, and proof of anti-rabies vaccine is
concerned.
Subd.
4 Vaccinations.
a) Dogs and cats kept, harbored,
maintained, or transported within the City must be vaccinated at least once
every year by a licensed veterinarian for:
1. rabies
with a live modified vaccine, and
2. distemper.
b)
A
certificate of vaccination must be kept by the owner on which is stated the
date of vaccination, the owner's name and address, the animal's name (if
applicable), sex, description and weight, the type of vaccine, and the
veterinarian's signature. Upon demand
made by the animal control officer or a police officer, the owner must present
for examination the required certificate of vaccination for the animal. If certificates are not presented, the owner
or keeper of the animal must present the certificate to the animal control
officer or police officer within seven days of the demand by the officer. Failure to do so is a violation of this
section.
1101.05
Non-Domestic Animals. It is unlawful for a person to own, possess, harbor or offer for sale, a
nondomestic animal within the City limits. The owner of a nondomestic animal shall remove the animal from the City
within 30 days of the effective date of this section after which time the City
may impound the animal as provided for in this section. This subsection does not apply to animals
specifically trained for and actually providing assistance to the handicapped
or disabled, and those animals brought into the City as part of an operating
zoo, veterinarian clinic, scientific research laboratory or a licensed show or
exhibition.
1101.07
Farm
Animals. Farm animals may be kept only in a Residential
Open zoning district in the City, (or on a residential lot of at least ten
acres in size?), but an animal shelter may not be located within 250 feet
of the boundary of an adjoining parcel of property. This subsection does not apply to animals
brought into the City as part of an operating zoo, veterinarian clinic,
scientific research laboratory, or a licensed show or exhibition.
1101.09 Impounding. Subdivision. 1. Running at
large. An unlicensed animal running at large is a
public nuisance. The animal control
officer or any police officer may impound any dog or other animal found
unlicensed or any animal found running at large and must give notice of the
impounding to the owner of the dog or other animal, if known. If the owner is unknown, a notice must be
posted at the City office that if the dog or other animal is not claimed within
ten regular business days of the posting of the notice, it will be sold or
otherwise disposed of. Except as
otherwise provided in this section, it is unlawful to kill, destroy, or otherwise
cause injury to any animal, including dogs and cats running at large.
Subd.
2. Animals: bites. An animal that has not been inoculated by a
live modified rabies vaccine and that has bitten a person and the skin has been
punctured or the services of a doctor are required, must be confined in the
City pound for a period of not less than ten days, at the expense of the
owner. The animal may be released at the
end of that time if healthy and free from symptoms of rabies, and after the
payment of all costs by the owner. However, if the owner of the animal elects immediately upon receipt of
notice of need for such confinement by the officer to voluntarily and
immediately confine the animal for the required period of time in a veterinary
hospital of the owner's choosing, not outside of Pine County, and provide
immediate proof of such confinement in such manner as may be required, the
owner may do so. If, however, the animal
has been inoculated with a live modified rabies vaccine, and the owner has
proof of the vaccination by a certificate from a licensed veterinarian, the
owner may confine the dog or other animal to the owner's property.
Subd.
3. Reclaiming. Animals
conveyed to the pound must be kept with humane treatment and sufficient food
and water for their comfort, at least ten business days, unless sooner
reclaimed by their owners as provided by this section. In case the owner desires to reclaim the
animal from the pound, the following is required, unless otherwise provided for
in this section:
a) payment of a release fee and receipt of a release permit from City Hall; this release fee is in addition to the "release permit fee";
b) payment of maintenance
costs, as provided by the pound, per day or any part of a day while animal is
in the pound; and
c) if a dog is unlicensed,
payment of a regular license fee, payment of an unlicensed dog fee, and valid
certificate of vaccination for rabies and distemper shots is required.
Subd.
4. Unclaimed Animals. If the
animal has not been claimed at the expiration of ten business days from the time
an animal is impounded, the animal control officer may let any person claim the
animal by complying with all provisions in this section, or cause the animal to
be destroyed in a proper and humane manner by a registered veterinarian and the
remains properly disposed.
1101.11
Keeping Dogs: more than three prohibited. Subdivision 1. Policy. The city council has found and determined
that the keeping of more than three dogs on a single premises is subject to
abuse, and may cause discomfort to persons because of smell, noise, hazards and
aesthetic depreciation.
Subd.
2. Prohibition. The keeping of more than three dogs on a
single premises is prohibited.
Subd.
3. Exception. This subsection does not apply to properly zoned commercial pet and
animal stores; to veterinarians providing medical care; or to keeping a newly
born litter of pups for a period of 90 days.
1101.13
Nuisances. Subdivision 1. Habitual Barking. It is
unlawful to keep or harbor a dog that habitually barks or cries. Habitual barking means barking for an
interval of at least five minutes with less than one minute of
interruption. The barking must also be
audible off the owner's premises. Noises by other animals are included in this
definition.
Subd.
2. Damage to Property. It is unlawful
to permit a dog or other animal to damage any lawn, garden, or other property
whether or not the owner of the animal has knowledge of the damage. An animal subject to this subdivision may be
impounded as provided in this section or a complaint may be issued by anyone
aggrieved by an animal under this section, against the owner of the animal.
Subd.
3. Cleaning up litter. The
owner of an animal or person having the custody or control of an animal is
responsible for cleaning up any feces of the animal and disposing of the feces
in a sanitary manner if the feces are found on the property of others or on
public property.
Subd.
4. Other. An
animal kept contrary to this section is subject to impoundment.
1101.15 Seizing of Animals. A police officer or the animal control officer
may enter upon private property and seize an animal provided that the following
exist:
a) there is an identified complaint other than the police officer or animal control officer making a contemporaneous complaint about the animal;
b) the officer reasonably
believes that the animal meets either the barking dog criteria, the criteria
for cruelty; or the criteria for an at large animal;
c) the officer can
demonstrate that there has been at least one previous complaint of a barking
dog, inhumane treatment of the animal, or that the animal was at large at this
address on a prior date;
d) the officer has made
reasonable attempts to contact the owner of the property and those attempts
have either failed or have been ignored.
e) the seizure will not
involve the forced entry into a private residence. Use of a pass-key obtained from a property
manager, landlord, innkeeper, or other authorized person to have such key is an
authorized entry;
f) no other less intrusive
means is available to stop either the barking dog, the inhumane treatment of
the animal; or the at large animal; and
g) written notice of the
seizure is left in a conspicuous place if personal contact with the owner of
the dog is not possible.
1101.17. Dangerous animals. If, in
the reasonable belief of any person, the animal control officer or
police officer, an animal presents an immediate danger to the safety of any
person or the animal is threatening imminent harm or is in the process of
attacking any person, the officer may, as a last resort, destroy the animal in
a proper manner. Otherwise the person or
officer may apprehend the animal and deliver it to the pound for
confinement. If the animal is destroyed
by the officer, a charge of $75 dollars to dispose of the animal is payable by
the owner of the animal. If the animal
is found not to be a danger to the health and safety of any person or the City,
it may be released to the owner or keeper.
1101.19. Diseased Animals. Subdivision. 1. Running at Large. It is
unlawful to keep or permit to run at large in the City, an animal that is
diseased so as to be a danger to the public health and safety, even though the
animal is properly licensed under this section.
Subd.
2. Confinement. An
animal reasonably suspected of being diseased and presenting a threat to public
health and safety may be apprehended and confined in the pound by a police
officer or animal control officer. The
police officer must have a qualified veterinarian, examine the animal. If the animal is found to be diseased in such
a manner so as to be a danger to the public health and safety, the officer must
cause such animal to be painlessly killed and must properly dispose of the
remains. The owner or keeper of the
animal killed under this subsection is liable for a fine of $75 to cover the
costs of maintaining and disposing of the animal, plus the costs of any
veterinarian examinations.
Subd.
3. Release. If the
animal, upon examination, is not found to be diseased within the meaning of this
section, the animal must be released to the owner or keeper free of charge.
1101.21
Dangerous Animals. Subdivision 1. Attack by an animal. It is
unlawful for an owner to fail to restrain an animal from inflicting or
attempting to inflict bodily injury to any person or other animal
whether or not the owner is present. This section does not apply to an attack by a dog under the control of
an on-duty law enforcement officer or to an attack upon an uninvited intruder
who has entered the owner's home with criminal intent.
Subd.
2. Destruction of dangerous animal. The
animal control officer may order the euthanizsia by a registered veterinarian
of a dangerous animal in accordance with this section.
Subd.
3. Definitions.
a) A
dangerous animal is an animal that has
1. caused bodily injury or
disfigurement to any person on public or private property; or
2. engaged in any attack on
any person under circumstances that would indicate danger to personal safety;
or
3. exhibited unusually
aggressive behavior, such as an attack on another animal; or
4. bitten one or more
persons on two or more occasions; or
5. been found to be
potentially dangerous or the owner has personal knowledge of the same and the
animal aggressively bites, attacks, or endangers the safety of humans or
domestic animals.
b) A
potentially dangerous animal is an animal that has
1. bitten a human or a
domestic animal on public or private property; or
2. when unprovoked, has
chased or approached a person upon the streets, sidewalks, or any public
property in an apparent attitude of attack; or
3. has engaged in unprovoked
attacks causing injury or otherwise threatening the safety of humans or
domestic animals.
c) Proper enclosure. Proper enclosure means a space securely
confined indoors or in a securely locked pen or structure suitable to prevent
the animal from escaping and to provide protection for the animal from the
elements. A proper enclosure does not
include a porch, patio, or any part of a house, garage, or other structure that
would allow the animal to exit of its own volition, or any house or structure
in which windows are open or in which a door or window screens are the only
barriers which prevent the animal from exiting. The enclosure must not allow the egress of the animal in any manner
without human assistance. If the animal is kept outside there must be a
structure to provide for weather protection. The structure must meet the following specifications:
1. have a minimum overall
floor size of 32 square feet.
2. sidewalls must have a
minimum height of five feet and be constructed of 11‑gauge or heavier
wire. Openings in the wire may not
exceed two inches, support posts must be one-and-one-quarter inch or larger
steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the
sidewalls must be buried a minimum of 18 inches in the ground.
3. A cover over the entire
pen must be provided. The cover must be
constructed of the same gauge wire or heavier as the sidewalls and may have no
openings in the wire greater than two inches.
4.
An
entrance/exit gate must be provided and be constructed of the same material as
the sidewalls and have no openings in the wire greater than two inches. The gate must be equipped with a device
capable of being locked and must be locked at all times when the animal is in
the pen.
d) Unprovoked.
e) the term “great bodily harm” has
the meaning given it by Minnesota Statutes, Section 609.02, subdivision 8.
Subd. 4. Designation as potentially dangerous animal. The animal control officer must designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or a domestic animal. If an animal is declared potentially dangerous, the animal control officer must cause the owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous.
Subd. 5. Evidence justifying designation. The animal control officer may designate any animal as a dangerous animal upon receiving evidence that: 1) the animal has, when unprovoked, bitten, attacked or threatened the safety of a person or domestic animal; 2) the animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal.
Subd. 6. Authority to order destruction. The animal control officer, upon finding that an animal is dangerous, may order that the animal be destroyed based on a written order containing one or more of the following findings of fact:
a) the animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or
b) the owner of the animal
has demonstrated an inability or unwillingness to control the animal in order
to prevent injury to persons or other animals.
Subd. 7. Procedure. The animal control officer, after having determined that an animal is dangerous, may proceed in the following manner:
a) The animal control officer must notify owner of the animal in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. The owner must be notified as to dates, times, places and parties bitten and be given 14 days to appeal this order by requesting a hearing before the City Council of this determination.
1. If no appeal is filed,
the animal control officer may order the animal destroyed.
2. If an owner requests a
hearing for determination as to the dangerous nature of the animal, the hearing
must be held before the city council, which must set a date for hearing not
more than three weeks after demand for said hearing. The records of the animal control or city
clerk's office are admissible for consideration by the animal control officer
without further foundation. After
considering evidence pertaining to the temperament of the animal, the animal
control officer may make such order as the officer deems proper. The animal control officer may order that the
animal be taken into custody for destruction, if such animal is not currently
in custody. If, the animal is ordered
into custody for destruction, the owner must immediately make the animal
available to the animal control officer.
3. A person who harbors an
animal after it has been found by the animal control officer to be dangerous
and ordered into custody for destruction is subject to the penalties provided
in this section.
Subd. 8. Stopping an attack. If a police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
Subd. 9. Notification of new address. The owner of a dangerous or potentially dangerous animal must notify the
animal control officer in writing if the animal is to be relocated from its
current address or given or sold to another person. The notification must be given in writing at
least 14 days prior to the relocation or transfer of ownership. The notification must include the current
owner's name and address, the relocation address, and the name of the new
owner, if any.
1101.23
Dangerous animal requirements. Subdivision 1. Requirements. If the
animal control officer does not order the destruction of an animal that has
been declared dangerous, the court or animal control officer may, as an
alternative, order any or all of the following:
a) that the owner provides and maintains a proper enclosure for the dangerous animal;
b) post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children that there is a dangerous animal on the property as specified in Minnesota Statutes, section 347.51;
c) provide and show proof annually of public liability insurance in the minimum amount of $300,000;
d) if the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration;
e) if the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in the Minnesota Statutes, section 347.51;
f) provides and shows proof of microchip identification;
g) animals deemed dangerous by the animal control officer must be registered with Pine County within 14 days after the date the animal was so deemed and provide satisfactory proof thereof to the animal control officer;
h) if the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must have a rabies vaccination.
Subd.
2. Seizure. The
animal control officer must immediately seize any dangerous animal if the owner
does not meet each of the above requirements within 14 days after the date the
notice is sent to the owner that the animal is dangerous. The seizure may be appealed to the District
Court by serving a Summons and Complaint upon the City and filing it with the District
Court.
Subd.
3. Reclaiming animals. A
dangerous animal seized under this subsection may be reclaimed by the owner of
the animal upon payment of impounding and boarding fees, and presenting proof
to the animal control officer that each of the requirements under subsection
1101.23 is fulfilled. An animal not
reclaimed under this section within 14 days may be disposed of, and the owner
is liable for costs incurred in confining the animal.
Subd.
4. Subsequent offenses. If an
owner of an animal has subsequently violated the provisions under subsection
1101.21 with the same animal, the animal control officer must seize the
animal. The owner may request a
hearing. If the owner is found to have
violated the provisions for which the animal was seized, the animal control
officer must order the animal destroyed in a proper and humane manner and the
owner must pay the costs of confining the animal. If the person is found not to have violated
the provisions for which the animal was seized, the owner may reclaim the
animal. If the animal is not yet
reclaimed by the owner within 14 days after the date the owner is notified that
the animal may be reclaimed, the animal may be disposed of and the owner is
liable for the costs incurred in confining, impounding and disposing of the
animal.
Subd. 5. Registration. An animal control authority must issue a
certificate of registration to the owner of a dangerous dog if the owner
presents sufficient evidence that:
(1) a proper
enclosure exists for the dangerous dog and a posting on the premises with a
clearly visible warning sign, including a warning symbol to inform children,
that there is a dangerous dog on the property;
(2) a surety
bond issued by a surety company authorized to conduct business in this state in
a form acceptable to the animal control authority in the sum of at least
$50,000, payable to any person injured by the dangerous dog, or a policy of
liability insurance issued by an insurance company authorized to conduct
business in this state in the amount of at least $50,000, insuring the owner
for any personal injuries inflicted by the dangerous dog;
(3) the owner has paid an annual fee of not more than $500, in addition to
any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section; and
(4) the owner
has had microchip identification implanted into the dangerous dog as required
under section 347.515.
Subd. 6. Dangerous
dog designation review. Beginning
six months after a dog is declared a dangerous dog, an owner may request
annually that the animal control authority 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. If the animal control
authority finds sufficient evidence that the dog’s behavior has changed, the
authority may rescind the dangerous dog designation.
Subd. 7. Microchip identification. The owner
of a dangerous or potentially dangerous dog must have a microchip implanted in
the dog for identification, and the name of the microchip manufacturer and
identification number of the microchip must be provided to the animal control
authority. If the microchip is not
implanted by the owner, it may be implanted by the animal control
authority. In either case, all costs
related to purchase and implantation of the microchip must be borne by the
dog’s owner.
Subd.
8. Dangerous dogs: other requirements.
a) An owner
of a dangerous dog must 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) 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) An owner
of a dangerous dog must notify the animal control authority in writing of the
death of the dog or its transfer to a new jurisdiction within 30 days of the
death or transfer, and must, if requested by the animal control authority,
execute an affidavit under oath setting forth either the circumstances of the
dog’s death and disposition or the complete name, address, and telephone number
of the person to whom the dog has been transferred.
d) An animal
control authority may require a dangerous dog to be sterilized at the owner’s
expense. If the owner does not have the
animal sterilized, the animal control authority may have the animal sterilized
at the owner’s expense.
e) 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.
f) A person
who sells a dangerous dog must notify the purchaser that the animal control
authority has identified the dog as dangerous. The seller must also notify the animal control authority in writing of
the sale and provide the animal control authority with the new owner’s name,
address, and telephone number.
Subd. 9. Destruction of dog in certain
circumstances. A dog that has
inflicted substantial or great bodily harm on a human being on public or
private property without provocation may be destroyed in a proper and humane
manner by the animal control authority. The animal control authority may not destroy the dog until the dog owner
has had the opportunity for a hearing before the City Council.
1101.25
Basic care. Animals must receive from their owners or keepers
kind treatment, year-round housing in all weather, and sufficient food and
water for their comfort. It is unlawful
to not treat an animal in a humane manner.
1101.27
Breeding moratorium. A female dog or female cat in heat must be
confined in a building or other enclosure in such manner that it cannot come in
contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the
animal, a dog or cat prior to being transferred to a new owner must be neutered
or spayed at the expense of the new owner.
1101.29
Enforcing officer. The Council must appoint an animal control
officer to enforce the provisions of this section. The animal control officer may, with the
consent of the Council, designate assistants.
1101.31 Pound. The Council will annually, prior to January
15, designate an official pound to which animals found in violation of this
section will be taken for safe treatment, and, if necessary, for destruction.
1101.33
Interference with Officers. It is unlawful to molest, hinder or interfere
with any person authorized by the Council to capture dogs, cats or other
animals and convey them to the pound while engaged in such operation. It is unlawful to break open the pound or
attempt to do so, or take or attempt to take from any agent any animal taken up
by an authorized person in compliance with this section, or in any other manner
to interfere with or hinder the authorized person in the discharge of the
person’s duties.
1101.35
Violations and Penalties. Subdivision
1. Petty Misdemeanor. A
violation of subsections 1101.13, 1101.25 or 1101.27 is a petty misdemeanor
punishable by a fine up to $200. The
owner or keeper of the animal is the chargeable party.
Subd.
2. Misdemeanor. A
violation of any other subsection is a misdemeanor punishable by a fine of up
to $700 or jail up to 90 days. The owner
or keeper of the animal is the chargeable party.
Subd. 3. Dangerous dogs. It is a misdemeanor to remove a microchip
from a dangerous or potentially dangerous dog, to fail to renew the
registration of a dangerous dog, to fail to account for a dangerous dog’s death
or removal from the jurisdiction, to sign a false affidavit with respect to a
dangerous dog’s death or removal from the jurisdiction, or to fail to disclose
ownership of a dangerous dog to a property owner from whom the person rents
property.
1101.37. Application of State law. Subdivision 1. Minnesota Statutes, sections 343.20 to
343.40, relating to cruelty of animals is one adopted by reference.
Subd. 2. The provisions of this section
relating to dangerous or potentially dangerous dogs are intended to be the
fullest exercise of the City’s authority on the subject that is permitted by
Minnesota Statutes, sections 347.50 to 347.54. If there is a conflict between the provisions
of this section and those statutes, the provisions of the statutes prevail.
Section 3. The ordinance is effective on the date of its publication as required by
law.
This ordinance received public hearing on
February 13, 2002.
This ordinance was adopted at Askov City Council
meeting on February 13, 2002, upon motion by Councilmember Jim O’Hara, second
by Councilmember Roylene Rippentrop. Motion carried, 4-0.
I certify that this is a true and accurate
account of action taken by the Askov City Council on February 13, 2002.
Arla Budd, City Clerk