[HISTORY: Adopted by the City Council of
the City of Fairfax 6-1-2004 by Ord. No. 404. Amendments noted where
applicable.]
As used in this chapter, unless the context
otherwise indicates, the following words shall have the meanings indicated:
Any mammal, reptile, amphibian, fish, bird (including all
fowl and poultry) or other member commonly accepted as a part of the
animal kingdom. Animals shall be classified as follows:
DOMESTIC ANIMALSThose animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, and other similar animals.
NONDOMESTIC ANIMALSThose animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include:
Any member of the large cat family (family felidae),
including lions, tigers, cougars, bobcats, leopards and jaguars, but
excluding commonly accepted domesticated house cats.
Any naturally wild member of the canine family
(family canidae), including wolves, foxes, coyotes, dingoes, and jackals,
but excluding commonly accepted domesticated dogs.
Any crossbreeds such as the crossbreed between
a wolf and a dog, unless the crossbreed is commonly accepted as a
domesticated house pet.
Any member or relative of the rodent family,
including any skunk (whether or not descented), raccoon, squirrel,
or ferret, but excluding those members otherwise defined or commonly
accepted as domesticated pets.
Any poisonous, venomous, constricting, or inherently
dangerous member of the reptile or amphibian families, including rattlesnakes,
boa constrictors, pit vipers, crocodiles and alligators.
Any other animal which is not explicitly listed
above but which can be reasonably defined by the terms of this subsection,
including but not limited to bears, deer, monkeys and game fish.
FARM ANIMALSThose animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.
The Chief Law Enforcement Officer, or an individual or employee
of a business retained by the City for purposes of enforcing the provisions
of this chapter. In the later case the City may have him or her deputized
with police powers for such enforcement, including authority to issue
complaints for the violation of this chapter.
[Added 9-9-2014]
Off the premises of the owner and not under the custody and
control of the owner or other person, either by leash, cord, chain,
or otherwise restrained or confined.
Both the male and female of the felidae species commonly
accepted as domesticated household pets.
Both the male and female of the canine species, commonly
accepted as domesticated household pets, and other domesticated animals
of a dog kind.
Any person or persons, firm, association or corporation owning,
keeping, or harboring an animal.
A permit issued by the Police Department for the release
of any 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, and any maintenance costs incurred in capturing and impounding
the animal. The release fee shall be as established from time to time
by resolution of the City Council, but not less than $25 the first
time an animal is impounded, $50 the second time it is impounded,
and $75 for the third and each subsequent time the same animal is
impounded. For the purpose of a release permit, any change in the
registered ownership of an animal subsequent to its impoundment and
release shall reset that animal's impoundment count to the beginning
of the fee scale.
A.
Running
at large.
[Amended 12-10-2013 by Ord. No. 404A; 9-11-2018 by Ord. No. 417; 12-11-2018 by Ord. No. 418]
(1)
Running at large prohibited. It shall be unlawful for any person
who owns, harbors, or keeps a dog or cat, or the parents or the guardians
of any such person under 18 years of age, to negligently or intentionally
permit or fail to prevent the animal from running at large. Dogs or
cats 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 as by leash shall be permitted
in streets or on public land unless the City has posted an area with
signs reading "Dogs or Cats Prohibited."
(2)
On premises running at large prevention measures required. An owner of a dog or cat, as classified under § 78-2A(3) below, is required to take effective measures to keep their dog or cat on premises to prevent running at large. Acceptable effective measures are tethering, fencing, and electronic methods.
(a)
Tethering is through physical restraint by a cord, chain, rope,
or other material properly anchored. The tethering material must be
of a design which will not be broken by the dog or cat when attempting
to run at large and must be kept in good repair. The length of the
tethering must keep the dog or cat on premises at all times. The anchor
for the tethering material must be sufficient in strength to prevent
the dog or cat from dislodging or breaking it when attempting to run
at large and must be kept in good repair.
(b)
Fencing must be constructed in such a manner as to conform to
all zoning and building codes as well as prevent the dog or cat from
escaping to run at large.
(c)
Electronic methods typically refer to an "Invisible fence®" system. Invisible fence® systems generally employ an underground electrical wiring system
which responds to a collar on the dog or cat. All such systems shall
observe a two-foot setback from the property lines. Installation into
the public right of way or other public property is prohibited. Property
owners with Invisible fence® systems
or other electronic methods not visible by an observer (as opposed
to the visible restrictions of tethering or physical fencing) are
required to post signage to inform passers-by such a system exists.
(3)
Owners of dogs or cats affected by § 78-2A(2). The provisions of § 78-2A(2) shall apply to the following owners of a dog or cat:
(a)
Dogs or cats known to run at large by any previous running at
large infraction at any time. A "previous running at large infraction"
shall be defined as any incident of running at large reported to and
documented by law enforcement.
(b)
Dogs or cats with potential to run at large. This is defined
as easily distracted by other animals, humans, or any other circumstance
in which the dog or cat is caused to disengage from the owner and
go towards the distraction, in a threatening or nonthreatening manner
of any sort, and requires the owner to regain control of the dog or
cat, even if the dog or cat remains on premises during the event.
B.
Conditional lifetime license required.
[Amended 9-11-2018 by Ord. No. 417; 6-9-2020 by Ord. No. 421]
(1)
A conditional lifetime license shall be obtained by the owner of
any dog kept or maintained within the corporate limits of the City
that is six months of age or older. The conditional lifetime license
must be obtained within 30 days of acquiring the dog or within 30
days of becoming a resident. This requirement shall not apply to pets
whose owners are temporary visitors within the city for 30 days or
less. It shall be unlawful to fail to obtain a conditional lifetime
license as specified.
(2)
The conditional lifetime license application shall
be made on forms provided by the City which shall require, at a minimum:
the owner’s name and address, any address where the dog may
reside if different from the owner’s address, owner’s
phone number, dog’s name, dog’s breed, and a copy of the
dogs current rabies vaccination. Each dog application shall also be
accompanied by proof that the applicant has at least $50,000 in homeowner’s,
renters, or occupant liability insurance coverage.
(3)
The conditional lifetime license shall be issued upon
completion of the required application and payment of the required
fee as established by the City Council, as amended from time to time.
The fee at the time of adoption is $25. A conditional lifetime license
shall be in effect during the lifetime of the licensed dog unless
suspended pursuant to this subsection.
(4)
As a condition to the continued validity of an issued
conditional lifetime license, the owner shall submit to the City proof
of the dog’s current vaccinations.
(5)
It shall be the duty of the City to send all dog owners
who hold a valid conditional lifetime license a notice that indicates,
per the City’s records, the dog’s vaccination will expire
within 30 days and failure to provide proof of current vaccination
will cause the conditional lifetime license to be suspended.
(6)
A conditional lifetime license may be suspended by the City, without
refund of fees, if proof of current vaccination is not provided prior
to the expiration of the current vaccination. It is unlawful to possess
a dog within city limits with a suspended conditional lifetime license.
(7)
When a conditional lifetime license has been suspended, a new conditional
lifetime license application shall be completed by the owner. Upon
completion of the application, remittance of the fee, and proof of
vaccination provided the conditional lifetime license shall be reinstated.[1]
[1]
Editor's Note: Former Subsections C and D, regarding cats
and vaccinations, respectively, which immediately followed, were repealed 6-9-2020 by Ord. No. 421.
It shall be illegal for any person to own, possess,
harbor, or offer for sale any nondomestic animal within the City limits.
Any owner of such an animal at the time of adoption of this Code shall
have 30 days in which to remove the animal from the City after which
time the City may impound the animal as provided for in this section.
An exception shall be made to this prohibition for animals specifically
trained for and actually providing assistance to the handicapped or
disabled, and for those animals brought into the City as part of an
operating zoo, veterinarian clinic, scientific research laboratory,
or a licensed show or exhibition.
[Amended 6-13-2023 by Ord. No. 439]
A.
Farm animals shall only be kept in an agricultural district of the
City, or on a residential lot of at least 10 acres in size, provided
that no animal shelter shall be within 300 feet of an adjoining piece
of property. An exception shall be made to this subsection for those
animals brought into the City as part of an operating zoo, veterinarian
clinic, scientific research laboratory, or a licensed show or the
owner holds a valid permit from the City to keep chickens and complies
with all provisions of the permit.
B.
Chickens. Chickens are allowed on any lot with a single-family residence
that is issued a permit to do so by the City. The keeping of any other
poultry besides chickens is prohibited.
(1)
General requirements.
(a)
No roosters are permitted; all chickens must be hens. Any rooster
kept by mistake must be removed from the property within 24 hours
of discovery.
(b)
No more than four chickens may be kept at any one lot at any
time.
(c)
Chicken feed must be kept in containers designed to prohibit
access by rodents and other pests.
(d)
A run or exercise yard conforming to this subsection is required.
(e)
Chickens must not be kept in such a manner as to constitute
a nuisance to the occupants of any adjacent property.
(f)
Deceased chickens must be disposed of according to applicable
law and must be removed as soon as possible, no later than 24 hours
after death.
(g)
Chicken manure is to be contained in a weatherproof and pest-proof
container and removed weekly or composted as fertilizer. Chicken manure
must not be allowed to accumulate in such a way as to cause any unsanitary
conditions or odors detectible on another property.
(h)
Chickens kept under this subsection may not be slaughtered within
the City limits.
(i)
Chickens must be confined inside a coop or a fenced-in run at
all times, and chickens may not be allowed to range freely.
(2)
Chicken permit requirements.
(a)
A permit issued by the City is required to keep chickens.
(b)
Only one permit is allowed per lot. If a single resident wishes
to keep chickens at multiple lots, a permit must be obtained for each
lot.
(c)
A permit is valid for one year from the date of issuance.
(d)
A maximum of five active permits total will be allowed at any
one time within City limits.
(e)
A permit may only be issued if all of the owners of all adjacent
property approve of the application by signing the application form.
"Adjoining property" means all properties within 200 feet of the proposed
location of the coop and run proposed in the permit application.
(f)
Approval from the property owner is required if the permit applicant
is renting the property proposed on the permit.
(g)
Permits are not transferrable and do not transfer with the property,
owner or renter.
(h)
A permit constitutes a limited license granted to the chicken
keeper by the City and in no way creates a vested zoning right.
(i)
Site plans and coop designs are to be included with the permit
application.
(3)
As a condition of permit issuance, the applicant is authorizing the
City to inspect the chickens and facility during normal business hours.
Law enforcement is authorized to inspect the property at any time
necessary to ensure compliance with ordinance requirements.
(4)
Coop and run requirements.
(a)
A separate coop is required to house the chickens. The coop
may not be attached to or inside any other structure on the property.
(b)
Only one coop is permitted per lot.
(c)
The coop and run must be located in the rear yard of the property
(d)
The coop must be set back at least 5 feet from the rear or side
property lines.
(e)
The coop must be fully enclosed and have an attached run.
(f)
The maximum height shall not exceed six feet.
(g)
The maximum total square feet of the coop and run shall not
exceed 120 square feet.
(h)
Maximum coop size shall not exceed 16 square feet and must have
at least four square feet per chicken.
(i)
The run size shall not exceed 96 square feet and must have at
least 10 square feet per chicken. The run must be fenced in on all
sides and include a roof. Neither the run fence nor the roof may exceed
6 feet in height.
(j)
The coop must be at least 24 inches off of the ground or placed
on a concrete pad.
(k)
The coop must have sufficiently sized windows to permit natural
light and ventilation.
(l)
Coop designs must meet the basic needs of the chickens, including
heat, cooling, food, water and protection from the elements.
(m)
The coop must be removed within 30 days if the permit is revoked
or expired.
(5)
Violations.
(a)
Any person who violates the provisions of this section shall
be guilty of an animal ordinance violation and a fine per the current
City fee schedule at the time of the violation.
(b)
If a permit holder has two convictions under this section within
any permit year, the permit shall be revoked. Upon revocation, all
chickens must be removed from the property within 48 hours.
A.
Running at large. Any unlicensed animal running at large is hereby declared a public nuisance. Any police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of such dog or other animal, if known. In case the owner is unknown, the officer shall post notice at the City office that if the dog or other animal is not claimed within the time specified in Subsection C, it will be sold or otherwise disposed of. Except as otherwise provided in this section, it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs and cats running at large.
B.
Biting animals. Any animal that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the skin has been punctured or the services of a doctor are required, shall be confined in the City pound for a period of not less than 10 days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms of rabies, and by the payment of all costs by the owner. However, if the owner of the animal shall elect 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 the county in which this City is located, 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 or is being deemed a dangerous animal, then the animal shall be confined until such time as the owner complies with the requirements of § 78-12. The animal shall be confined until the order becomes final if the animal is ordered destroyed.
[Amended 9-9-2014]
C.
Reclaiming.
[Amended 9-9-2014]
(1)
All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal as defined under § 78-11 in which case it shall be kept for the times specified in §§ 78-5B, and 78-11, and except if the animal is a cruelly treated animal in which case it shall be kept for 10 regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this Code or established from time to time by resolution of the City Council:
(a)
Payment of a release fee of $25 and receipt of a release permit from
the police;
(b)
Payment of veterinary and maintenance costs, as provided by the pound,
per day or any part of a day while animal is in said pound; and
(c)
If a dog is unlicensed, payment of a regular license fee and valid
certificate of vaccination for rabies and distemper shots is required.
D.
Unclaimed animals. At the expiration of the times established in Subsection C, if the animal has not been reclaimed in accordance with the provisions of this section, the officer appointed to enforce this section may let any person claim the animal by complying with all provisions in this section, or the officer may sell the animal to the University of Minnesota, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this section shall be payable to the Clerk-Treasurer.
[Amended 9-8-2020 by Ord. No. 425]
A.
Definition of kennel. The keeping of four or more
dogs on the same premises, whether owned by the same person or not
and for whatever purpose kept, shall constitute a kennel; except that
a fresh litter of pups may be kept for a period of three months before
such keeping shall be deemed to be a kennel.
B.
Kennel as a nuisance. Because the keeping of four
or more dogs on the same premises is subject to great abuse, causing
discomfort to persons in the area by way of smell, noise, hazard,
and general aesthetic depreciation, the keeping of four or more dogs
on the premises is hereby declared to be a nuisance and no person
shall keep or maintain a kennel within the City.
A.
Habitual barking. It shall be unlawful for any person
to keep or harbor a dog which habitually barks or cries. Habitual
barking shall be defined as barking for repeated intervals of at least
three minutes with less than one minute of interruption. Such barking
must also be audible off of the owner's or caretaker's premises.
B.
Damage to property. It shall be unlawful for any person's
dog or other animal to damage any lawn, garden, or other property,
whether or not the owner has knowledge of the damage. Any animal covered
by this subsection 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 for prosecution under this
section.
C.
Cleaning up litter. The owner of any animal or person
having the custody or control of any animal shall be responsible for
cleaning up any feces of the animal and disposing of such feces in
a sanitary manner whether on their own property, on the property of
others or on public property. Any person violating this section shall
be punishable by a fine of $10 or five hours of public lands fecal
cleanup. Any person who is found guilty of subsequent violations of
this section shall be punished by a fine of at least $25 but not more
than $50.
[Amended 9-9-2014]
Any police officer or Animal Control Officer may enter upon
private property and seize any animal, provided that the following
exist:
A.
There
is an identified complainant other than the police officer or Animal
Control Officer making a contemporaneous complaint about the animal;
C.
There
is evidence that the animal is dangerous or 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 a reasonable attempt 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 shall not be considered
unauthorized entry; and
F.
Written
notice of the seizure is left in a conspicuous place if personal contact
with the owner of the dog is not possible.
[Amended 9-9-2014]
If, in the reasonable belief of any person or police officer, an animal presents an immediate danger to the health and safety of any person, or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the officer may immediately destroy the animal in a proper and humane manner. Otherwise the person or officer may apprehend the animal and deliver it to the pound for confinement under § 78-5. If the animal is destroyed, a charge of $75 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 the City, it may be released to the owner or keeper in accordance with § 78-5C.
A.
Running at large. No person shall keep or allow to
be kept on his or her premises, or on premises occupied by them, nor
permit to run at large in the City, any animal which is diseased so
as to be a danger to the health and safety of the City, even though
the animal be properly licensed under this section.
B.
Confinement. Any animal reasonably suspected of being
diseased and presenting a threat to the health and safety of the public,
may be apprehended and confined in the pound by any person or police
officer. The police officer shall 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 health and safety of the City, the officer
shall cause such animal to be painlessly killed and shall properly
dispose of the remains. The owner or keeper of the animal killed under
this section shall be liable for at least $75 to cover the cost of
maintaining and disposing of the animal, plus the costs of any veterinarian
examinations.
C.
Release. If the animal, upon examination, is not found
to be diseased within the meaning of this section, the animal shall
be released to the owner or keeper free of charge.
[Amended 2-13-2007 by Ord. No. 414; 12-10-2013 by Ord. No. 404A; 9-9-2014]
A.
Attack by an animal. It shall be unlawful for any person who owns,
harbors, or keeps any animal, or the parents or the guardians of any
such person under 18 years of age, to negligently or intentionally
permit or fail to prevent the animal from inflicting or attempting
to inflict bodily injury upon any person or other animal, whether
or not the owner is present. This section shall 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 without permission.
B.
Destruction of dangerous animal. The Animal Control Officer shall
have the authority to order the destruction of dangerous animals in
accordance with the terms established by this chapter. An order for
destruction of an animal may be made simultaneously with an order
deeming an animal dangerous.
C.
DANGEROUS ANIMAL
(1)
(2)
(3)
(4)
(5)
POTENTIALLY DANGEROUS ANIMAL
(1)
(2)
(3)
PROPER ENCLOSURE
(1)
(2)
(3)
(4)
UNPROVOKED
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
An animal which has:
Caused bodily injury or disfigurement to any person on public
or private property; or
Engaged in any attack on any person under circumstances which
would indicate danger to personal safety; or
Exhibited unusually aggressive behavior, such as an attack on
another animal; or
Bitten one or more persons on two or more occasions; or
Been found to be potentially dangerous and/or the owner has
personal knowledge of the same, the animal aggressively bites, attacks,
or endangers the safety of humans or domestic animals.
An animal which has:
Bitten a human or a domestic animal on public or private property;
or
When unprovoked, chased or approached a person upon the streets,
sidewalks, or any public property in an apparent attitude of attack;
or
Has engaged in unprovoked attacks causing injury or otherwise
threatening the safety of humans or domestic animals.
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 door
or window screens are the only barriers which prevent the animal from
exiting. The enclosure shall not allow the egress of the animal in
any manner without human assistance. A pen or kennel shall meet the
following minimum specifications:
Have a minimum overall floor size of 32 square feet.
Sidewalls shall have a minimum height of five feet and be constructed
of 11-gauge or heavier wire. Openings in the wire shall not exceed
two inches, support posts shall be 1 1/4 inch or larger steel
pipe buried in the ground 18 inches or more. When a concrete floor
is not provided, the sidewalls shall be buried a minimum of 18 inches
in the ground.
A cover over the entire pen or kennel shall be provided. The
cover shall be constructed of the same gauge wire or heavier as the
sidewalls and shall also have no openings in the wire greater than
two inches.
An entrance/exit gate shall be provided and be constructed of
the same material as the sidewalls and shall also have no openings
in the wire greater than two inches. The gate shall be equipped with
a device capable of being locked and shall be locked at all times
when the animal is in the pen or kennel.
The condition in which the animal is not purposely excited,
stimulated, agitated or disturbed.
D.
Designation as potentially dangerous animal.
(1)
The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving such evidence that the animal meets the definition of potentially dangerous as stated in Subsection C.
(2)
When an animal is declared potentially dangerous, the Animal Control
Officer shall cause one owner of the potentially dangerous animal
to be notified in writing that such animal is potentially dangerous.
E.
Appeal hearing procedures: potentially dangerous dog. A potentially
dangerous dog declaration appeal shall consist of a record review
by the City Administrator or his/her designee, using the designated
appeal form supplied at the time of the written request. The appeal
form must be completed and returned to the Animal Control Officer
or designee with written evidence and/or affidavits that dispute the
declaration within 14 business days of notification. The owner/custodian
of the dog shall be notified, in writing, of the record review results
within 10 calendar days of receipt. There is a fee of $100 for an
appeal of a potentially dangerous dog declaration. The individual
conducting the review shall have the authority to amend the declaration
or order as appropriate and to establish specific requirements for
the dog found to be potentially dangerous.
F.
Designation as dangerous animal. The Animal Control Officer shall
have the authority to designate any animal as a dangerous animal upon
receiving evidence of the following:
G.
Authority to order destruction.
(1)
The Animal Control Officer, upon finding that an animal is dangerous
hereunder, is authorized to order, as part of the disposition of the
case, that the animal be destroyed based on a written order containing
one or more of the following findings of fact:
(2)
The Animal Control Officer shall require a previously designated
dangerous animal to be destroyed if:
(a)
The dog inflicted substantial or great bodily harm on a human
or a domestic animal on public or private property;
(b)
The dog inflicted multiple bites on a human on public or private
property without provocation;
(c)
The dog bit multiple human victims on public or private property
without provocation; or
(d)
The dog bit a human on public or private property without provocation,
in an attack where more than one dog participated in the attack.
H.
Appeal hearing procedures; dangerous animal.
(1)
The owner/custodian of an animal that has been declared dangerous
may appeal the declaration and request a hearing. The appeal request
is to be submitted in writing within 14 days of notification. If a
hearing is requested, the Animal Control Officer or the designee shall
schedule a hearing within 14 calendar days. A dangerous declaration
appeal shall consist of an appearance before an independent City employee
or hired representative. The hearing fee of $250 must be paid prior
to the hearing. The hearing officer may set limits on the evidence
that may be submitted and the length of testimony offered. The hearing
officer conducting the review shall have the authority to amend the
declaration or order as appropriate and to establish specific requirements.
Any time after a declaration has been issued, the Animal Control Officer
or designee may seize a declared animal. All applicable fees and costs
shall be the responsibility of the owner/custodian of the animal.
The animal shall not be released until all fees are paid in full and
compliance with the provisions of this Code is achieved. All animals
seized pursuant to this subsection may be disposed of by animal control
after 14 calendar days of notification of declaration when the animal
is not properly registered or an appeal has not been properly submitted
pursuant to this section.
(2)
In the event the declaration is overturned, all fees will be reviewed
by the hearing officer. The owner/custodian of the animal shall be
notified by telephone of the hearing results within 10 business days.
All decisions may be appealed to the Minnesota Court of Appeals.
(3)
The Animal Control Officer, after having determined that an animal
is dangerous, may proceed in the following manner: The Animal Control
Officer Shall cause one owner/custodian of the animal to be notified
in writing or in person that the animal is dangerous and may order
the dog seized or make orders as deemed proper. This owner/custodian
shall be notified as to dates, times, places and parties bitten, and
shall be given 14 days to appeal this order by requesting a hearing
for a review of this determination.
(a)
If no appeal is filed, the Animal Control Officer may authorize
the seizure and the destruction of the animal, unless the animal is
already in custody or the owner/custodian consents to the seizure
and destruction of the animal.
(b)
If an owner/custodian requests a hearing for determination as
to the dangerous nature of the animal, the hearing shall be held before
an impartial employee of the local government or impartial person
retained by the local government, which shall set a date for hearing
not more than two weeks after demand for the hearing. The records
of the animal control or City Clerk's office shall be admissible for
consideration by the hearing officer without further foundation. After
considering all evidence pertaining to the temperament of the animal,
the hearing officer shall make an order as it deems proper. The hearing
officer shall issue a decision on the matter within 10 days after
the hearing. The decision must be delivered to the animal's owner/custodian
by hand delivery or registered mail as soon as practical, and a copy
must be provided to the animal control authority. The Animal Control
Officer may take the animal into custody for destruction, if the animal
is not currently in custody. If the animal is ordered into custody
for destruction, the owner/custodian shall immediately make the animal
available to the Animal Control Officer. If the owner/custodian does
not immediately make the animal available, the Animal Control Officer
shall obtain an order or warrant authorizing the seizure and the destruction
of the animal from a court of competent jurisdiction. In the event
the dangerous animal declaration is upheld by the hearing officer,
actual expenses for the hearing up to a maximum of $300 will be the
responsibility of the animal's owner/custodian.
(4)
No person shall harbor an animal after it has been found to be dangerous
and ordered into custody for destruction.
I.
Stopping an attack. If any 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.
J.
Notification of new address. The owner of an animal which has been
identified as dangerous or potentially dangerous 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.
A.
Requirements. If the City Council does not order the
destruction of an animal that has been declared dangerous, the City
Council may, as an alternative, order any or all of the following:
(1)
That the owner provide and maintain a proper enclosure for the dangerous animal as specified in § 78-11C(3);
(2)
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 Minn.
Stat. § 347.51;
(3)
Provide and show proof annually of public liability
insurance in the minimum amount of $300,000;
(4)
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;
(5)
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 Minn. Stat. § 347.51;
(6)
All animals deemed dangerous by the Animal Control
Officer shall be registered with the City within 14 days after the
date the animal was so deemed;
[Amended 8-8-2017 by Ord.
No. 414]
(7)
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 be up to date with rabies vaccination.
B.
Seizure. Animal control shall immediately seize any
dangerous animal if the owner does not meet each of the above requirements
within 14 days after the date notice is sent to the owner that the
animal is dangerous. Seizure may be appealed to district court by
serving a summons and petition upon the City and filing it with the
district court.
C.
Reclaiming animals. A dangerous animal seized under Subsection B may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under Subsection B is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under § 78-11F, and the owner is liable to animal control for costs incurred in confining the animal.
D.
Subsequent offenses. If an owner of an animal has subsequently violated the provisions under § 78-11 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in § 78-11G. If the owner is found to have violated the provisions for which the animal was seized, the Animal Control Officer shall order the animal destroyed in a proper and humane manner and the owner shall 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 under the provisions of Subsection C. 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 as provided under § 78-11F, and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal.
All animals shall receive from their owners
or keepers kind treatment, housing in the winter, and sufficient food
and water for their comfort. Any person not treating their pet in
such a humane manner will be subject to the penalties provided in
this chapter.
Every female dog or female cat in heat shall
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, every dog
or cat shall be neutered or spayed prior to being transferred to a
new owner.
The Council is hereby authorized to appoint
an Animal Control Officer(s) to enforce the provisions of this chapter.
In the Officer's duty of enforcing the provisions of this chapter,
he or she may from time to time, with the consent of the Council,
designate assistants.
Every year the Council shall designate an official
pound to which animals found in violation of this chapter shall be
taken for safe treatment, and if necessary, for destruction.
No person shall in any manner 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. Nor shall any unauthorized person break open the
pound, or attempt to do so, or take or attempt to take from any agent
any animal taken up by him or her in compliance with this chapter,
or in any other manner to interfere with or hinder such officer in
the discharge of his or her duties under this chapter.
A.
Separate offenses. Each day a violation of this chapter
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such under this section.
B.
Misdemeanor. Unless otherwise provided, violation
of this chapter shall constitute a misdemeanor punishable by a fine
of up to $1,000 or imprisonment for up to 90 days.
[Amended 2-13-2007 by Ord. No. 414]
