[Adopted 5-15-1979 by Ord. No. 87; amended 12-18-1984 by Ord. No.
125; 7-12-1989 by Ord. No. 89-08; 3-6-1990 by Ord. No. 90-09; 1-21-1997 by Ord. No. 197; 2-4-1997 by Ord. No. 97-03; 2-3-1998 by Ord. No.
207; 2-3-1998 by Ord. No. 208]
[Amended 2-17-2009 by Ord. No. 452]
As used in this article, the following terms
shall have the meanings indicated:
Any premises designated by action of the City for the purposes
of impounding and caring for all animals found in violation of this
article.
The person or persons employed by the City as the enforcement
officer of this article. This term shall, under the laws of this state,
include humane society officers duly appointed and qualified to perform
such duties.
[Amended 7-20-2021 by Ord. No. 763]
A dog is at large when it is off the property of his owner
and not under restraint.
A place where more than two dogs over six months of age are
kept, and where the business of selling, boarding, breeding, showing,
treating or grooming dogs is conducted.
[Amended 5-19-2009 by Ord. No. 459]
Applies to any canine animal, male or female, altered or
unaltered.[1]
Any dog which by frequent and habitual howling, yelping,
barking, or other, shall cause serious annoyance or disturbance to
persons or to the neighborhood.
[Amended 7-20-2021 by Ord. No. 763]
Unless otherwise specified shall be deemed to mean keep,
harbor, or have control, charge, or custody of a dog for a period
of 10 days or longer. This term shall not apply to dogs owned by others
which are temporarily maintained on the premises of a veterinarian
or kennel operator.
Any person, group of persons, or corporation owning, keeping,
harboring, or having charge or control of, or permitting any dog to
habitually be or remain on or be lodged or fed within such person's
house, yard, or premises for a period of 10 days or longer. This term
shall not apply to veterinarians or kennel operators temporarily maintaining
on their premises dogs owned by others.
A place where more than two dogs over six months of age are
kept on premises which are zoned and occupied for residential purposes,
and where the keeping of such animals is incidental to the occupancy
of the premises for residential purposes. No more than five dogs are
permitted at a residential kennel.
[Amended 11-20-2012 by Ord. No. 543]
Any dog, the owner of which is unknown, which is at large.
[Amended 5-7-2024 by Ord. No. 810]
[1]
Editor's Note: The former definition of "Health Officer,"
which immediately followed this definition, was repealed 7-6-2010
by Ord. No. 487.
[Amended 2-17-2009 by Ord. No. 452]
The owner shall keep his dog under restraint
at all times. A dog is under restraint within the meaning of this
article if in a vehicle, on a leash of not more than six feet in length
and in the custody of a person of sufficient age to adequately control
the animal, or confined to the owner's property by adequate enclosure
or fencing.
[Added 2-17-2009 by Ord. No. 452]
No person shall be convicted for harboring a nuisance dog as defined in § 87-3 except upon complaint to the City of two or more persons, each of a different household, and no warrant or summons and complaint for violation of this article shall be issued except after written notice has been mailed or delivered to the occupant of the premises where such dog is kept or harbored, advising that a complaint has been made about the dog and calling attention to the provisions of this article.
[Added 5-19-2009 by Ord. No. 459]
A.
Any person who owns, keeps, harbors, or has charge of an animal shall
immediately collect and remove any and all feces deposited by the
animal on public or private property.
[Amended 7-20-2021 by Ord. No. 763]
B.
The owner or person in control of an animal shall not permit such
animal to be on public property or the property of another without
having in the possession of the owner or person in control of the
animal a device or equipment for the immediate removal of feces material
deposited by the animal as well as a container for the transport of
such fecal material to an appropriate disposal receptacle located
on the property of the owner or person in control of the animal. The
owner or person in control of such animal shall be responsible for
removing such material from public or private property of another
to a proper disposal receptacle located on the property of the owner
or person in control of the animal.
[Amended 7-20-2021 by Ord. No. 763]
C.
The premises on which any animal is kept shall be kept in a clean
and sanitary condition and shall not be a harbor for rodents, flies,
or insects.
[Amended 7-20-2021 by Ord. No. 763]
D.
This provision shall not apply to a guide dog accompanying a blind
person or to a dog when used in police or rescue activities.
[Amended 5-19-2009 by Ord. No. 459; 7-6-2010 by Ord. No. 487; 8-16-2011 by Ord. No. 517; 11-20-2012 by Ord. No. 543]
A.
License
and fee required. It shall be unlawful for any person to own or operate
a residential or commercial kennel unless such use is allowable within
the appropriate zoning district and a license has been secured therefor
from the Police Chief or City Council.
(1)
All kennel licenses shall be issued for one year, beginning with
the first day of May. Application for licenses may be made 60 days
prior to the start of the licensing year and thereafter, during the
licensing year.
[Added 5-7-2024 by Ord.
No. 810]
B.
Application.
Application for a kennel license shall be made to the Police Chief
or his/her designee on forms provided by the City. If the licensee
is making application for a commercial kennel, additional information
and formal reviews are required. The application shall contain the
following information:
(1)
The location of the premises.
(2)
The applicant's name, address, phone number, and email address.
[Amended 7-20-2021 by Ord. No. 763]
(3)
The maximum number and species of adult dogs to be kept on the premises.
The term "adult," as used herein, shall include any dog over six months
of age.
(4)
A site plan showing the size, location, and type of structures for
housing, fencing, or runs for dogs. If the dogs are to be kept primarily
within the building, the applicant shall state so within the application.
All kennels are to be located within the rear or side yard.
(5)
Methods used to keep the premises in sanitary conditions.
(6)
The method used to keep the animals quiet.
(7)
An agreement by the applicant that the premises may be inspected
by the City at all reasonable times. The Police Chief shall make every
reasonable effort to notify a licensee prior to any site inspections.
(8)
Any other information as the Police Chief or his/her designee may
reasonably require to adequately review the application.
C.
Annual renewal. All kennel licenses shall be renewed annually. Application for such license renewal shall be made to the Police Chief or his/her designee and shall be accompanied by a specified license fee. All kennel licenses are subject to annual review and inspection by the Police Chief or his/her designee. Renewal licenses shall be granted or denied by the Police Chief, subject to the provisions of this article. The annual fee for a commercial or residential kennel shall be established by the City Council as set forth in the City Fee Schedule in Chapter 160.
[Amended 2-15-2022 by Ord. No. 768]
(1)
Residential and commercial kennel licenses do not confer any property
rights upon the licensee, and the issuance of said licenses does not
assume that future licenses will be granted.
(2)
Licenses shall be issued for a set number of dogs, which shall not
be exceeded. Licensees who wish to add a dog need to reapply for a
kennel license.
(3)
Licensees who relocate to another area of the City need to reapply
for a residential or commercial kennel license. Licenses are not assignable
to other parties.
D.
Issuance and conditions. New and renewal kennel licenses shall be
issued by the Police Chief or his/her designee by taking into consideration
the following:
(1)
Adequacy of housing and space for the animals.
(2)
Methods to be used for sanitation and noise control.
(3)
Quality and height of fencing or the adequacy of an alternative confinement
method.
(4)
Prior violations or complaints regarding the license holder's keeping
or maintenance of animals on the premises.
E.
Existing kennel license. Kennel licenses in effect on the property
at the time of adoption of this amendment to this section that do
not meet the requirements of this article are considered legal nonconforming
licenses and can continue to keep up to the number of dogs authorized
by the kennel license. Adding more dogs to the existing license would
require meeting the requirements of this section.
F.
Sanitation. Kennels shall be kept in a clean, sanitary, healthful,
and humane manner at all times and shall be open to inspection by
the Police Chief, Animal Control Officer or other person charged with
the enforcement of this article or any health or sanitary regulation
of the City at all reasonable times. Failure to do so shall constitute
grounds for the revocation of the license.
[Amended 7-20-2021 by Ord. No. 763]
G.
Violations. Any kennel license may be revoked by the City Council
by reason of any violation of this article or by reason of violation
of any other health or nuisance ordinance, order, law, or regulation.
If a licensee fails to comply with the statements made in the application
or with any reasonable conditions imposed on the license, violates
any other ordinance, order, law or regulation, or fails to remedy
any defects after the second notice thereof, the City Council may
revoke the license in accordance with the provisions of this article.
[Amended 7-20-2021 by Ord. No. 763]
H.
Revocation of license.
(1)
Residential kennel license. Before revoking a residential kennel
license, the licensee shall be given notice of the meeting at which
such revocation will be considered; and if the licensee is present
at such meeting, the licensee shall be given the opportunity to be
heard. Notice of the meeting shall be given to the licensee in writing
10 days prior to the meeting. Written notice shall be mailed to the
address of the licensee as set forth in the licensee's application
for a kennel license.
(2)
Commercial kennel license. A commercial kennel license may be revoked
by the City Council by the procedure established and defined within
Ordinance No. 445, Zoning.
I.
Appeal. The licensee may appeal a denial or nonrenewal of a kennel
license to the City Council. The licensee must file with the City
Clerk a notice of appeal within 10 days of the denial or nonrenewal.
The City Council shall consider the appeal at a regularly scheduled
meeting of the City Council. The City Council may affirm or reject
the decision of the Police Chief and may add reasonable conditions
to any decision granting a license or may delete any conditions previously
imposed by the Police Chief.
[Amended 7-20-2021 by Ord. No. 763]
[1]
Editor's Note: Former § 87-6, Licensing, amended
5-19-2009 by Ord. No. 459; 7-6-2010 by Ord. No. 487; 5-3-2011 by Ord.
No. 510; 7-20-2021 by Ord. No. 763; 2-15-2022 by Ord. No. 768, was
repealed 5-7-2024 by Ord. No. 810. This ordinance also renumbered former §§ 87-7 through 87-9 as §§ 87-6 through 87-8, respectively.
[Amended 5-7-2024 by Ord. No. 810]
A.
Hospitals, clinics, and other premises operated by
licensed veterinarians exclusively for the care and treatment of animals
are exempt from the provisions of this article, except where such
duties are expressly stated.
B.
The licensing requirements of this article shall not
apply to any dog belonging to a nonresident of this City and kept
within the City for not longer than 30 days, provided that all such
dogs shall at all times while within the City be kept under restraint.
[Amended 7-6-2010 by Ord. No. 487; 7-20-2021 by Ord. No. 763; 5-7-2024 by Ord. No. 810]
A.
Any stray or dog at large may be taken up by the Animal
Control Officer and impounded in the animal shelter and there confined
in a humane manner for a period of not less than five business days.
If not claimed prior thereto by its owner, it shall thereafter become
the property of the City and may be disposed of in a humane manner,
sold to an individual desiring to purchase the dog as a pet or sold
for licensed scientific use by making payment of all fees associated
with the impoundment, boarding, and keeping of such impounded dog.
B.
Any animal critically injured and impounded which
has been destroyed pursuant to the provisions of this article shall
be maintained in refrigerated storage to retain a frozen condition
for a period not less than seven days from the date of destruction.
[Amended 7-6-2010 by Ord. No. 487; 7-20-2021 by Ord. No. 763; 2-15-2022 by Ord. No. 768; 5-7-2024 by Ord. No. 810[1]
A.
Any dog impounded pursuant to this article may be
reclaimed by the owner within five business days upon payment by the
owner to the City a sum established by the City Council, as set forth
in the City Fee Schedule and/or Animal Control contract, for keeping
such animal during its impoundment. All monies collected under any
of the terms of this article shall be deposited with the Finance Director.
B.
When in the judgment of a veterinarian, a dog should
be destroyed for humane reasons, such dog may not be redeemed.
A.
Any purchaser other than the owner of any animal sold
by the animal shelter shall keep the same at least two months, during
which time the owner may redeem such animal by paying all costs and
charges of keeping as outlined in the City Animal Control contract.
[Amended 7-20-2021 by Ord. No. 763; 5-7-2024 by Ord. No. 810]
B.
When in the judgment of a veterinarian a dog should
be destroyed for humane reasons, such dog may not be redeemed.
A.
It shall be the duty of the Animal Control Officer
to keep, or cause to be kept, accurate and detailed records of impoundment
and disposition of all animals coming into his/her custody.
[Amended 7-20-2021 by Ord. No. 763; 5-7-2024 by Ord. No. 810]
B.
It shall be the duty of the Police Department to keep,
or cause to be kept, accurate and detailed records of all dog bite
cases reported to the Department and their investigation of the same.
[Amended 7-6-2010 by Ord. No. 487]
C.
It shall be the duty of the Animal Control Officer
to keep, or cause to be kept, accurate and detailed records of all
monies belonging to the City, which records shall be open to inspection
at reasonable times by such persons responsible for similar records
of the City, and shall be audited by the City annually in the same
manner as other City records are audited.
[Amended 7-20-2021 by Ord. No. 763]
[Amended 7-20-2021 by Ord. No. 763; 5-7-2024 by Ord. No. 810]
Any dog that has bitten a person shall immediately
be impounded for at least 10 days and kept apart from other animals,
under the supervision of a veterinarian, until it is determined whether
such dog had or has a disease which might have been transmitted by
such bite. Such impounding shall be at the City contracted animal
shelter. Upon the expiration of such 10 days, if it is determined
that the dog does not have a disease which might have been transmitted
by such bite, he may be released. If the dog is impounded within the
City contracted animal shelter, it may be reclaimed as herein provided.
Any dog which has been bitten by a rabid animal shall be impounded
and kept in the same manner for a period of six months, provided that
if the dog which has been bitten by a rabid animal has been vaccinated
at least three weeks before such bite and within one year of such
bite and if it is again immediately vaccinated, then such animal shall
be confined or impounded for a period of 40 days before it is released.
The owner of a dog which has been bitten by a rabid animal shall notify
the Animal Control Officer immediately.
A.
The owner of a dangerous dog or potentially dangerous
dog, as defined in Minn. Stat. § 347.50, shall comply with
all requirements of Minn. Stat. §§ 347.50 through 347.565,
which are incorporated in this article by reference.
[Amended 7-20-2021 by Ord. No. 763]
B.
Every female dog in heat shall be kept confined in
such manner that such female dog cannot come in contact with another
dog except for intentional breeding purposes.
[Amended 7-20-2021 by Ord. No. 763; 5-7-2024 by Ord. No. 810]
For the purposes of discharging the duties imposed
by this article and to enforce its provisions, the Animal Control
Officer or any police officer is empowered to enter upon the premises
upon which a dog is kept or harbored and to demand the exhibition
by the owner of such dog and/or vaccination records for such dog.
The Animal Control Officer or any police officer may enter the premises
where any animal is kept in a reportedly cruel or inhumane manner
and demand to examine such animal and to take possession of such animal
when in his opinion it requires humane treatment; however, only in
such cases may the animal be removed from the premises.
[Amended 7-20-2021 by Ord. No. 763]
No person shall interfere with, hinder, or molest
the Animal Control Officer in the performance of his duty or seek
to release any animal in the custody of the Animal Control Officer
except as herein provided.
[Amended 7-20-2021 by Ord. No. 763]
