[Amended 2-7-2002 by Ord.
No. 440; 10-7-2002 by Ord. No. 448; 1-11-2010 by Ord. No. 473; 10-15-2018 by Ord. No. 505]
As used in this chapter, the following words, terms and phrases
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any mammal, reptile, amphibian, fish, bird (including all
fowl and poultry) or other member commonly accepted as a part of the
animal kingdom, except homo sapiens. 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 that are not considered poultry or fowl, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, and other similar animals.
NONDOMESTIC ANIMAL or WILD ANIMALThose animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered due to size, wild nature or other characteristics 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
but not limited to 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 but not limited to 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 but not
limited to 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 but not limited
to rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
Any animal the keeping of which is licensed or prohibited by
the state or federal law.
Any other animal which is not explicitly listed above but which
can be reasonably defined by the terms of this section, including
but not limited to bears, deer, weasels, badgers, monkeys, apes, bison
and game fish.
FARM ANIMALThose animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals include, but are not limited to, members of the equestrian family (horses, mules, llamas, alpacas), bovine family (cows, bulls), sheep, poultry (including chickens, turkeys), fowl (including ducks, geese, ostriches, emus, quail, pheasant), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.
The Chief of Police, Community Service Officer (CSO), Animal
Control Officers, police officers and such other persons as designated
by the Chief of Police or City Council.
Has the meaning given it in M.S.A. § 609.02, Subdivision
7, as amended.
Any male or female of the feline species, commonly accepted
as domesticated household pets.
Any animal which demonstrates any of the following behavior:
When unprovoked, inflicts substantial bodily harm on a human
being who is conducting himself or herself peacefully and lawfully.
Has been previously designated as a potentially dangerous animal
that, after the owner or custodian has been notified of such designation,
exhibits any of the behaviors described as being associated with a
dangerous or potentially dangerous animal as indicated in this section.
Has been previously designated as a potentially dangerous animal,
and after the owner or custodian has been notified of such designation
the owner or custodian subsequently violates any requirement of this
section.
Kills or inflicts substantial bodily harm to another domestic
or farm animal without provocation while off or on the property of
the owner or custodian of the attacking animal.
When unprovoked, repeatedly attacks or attempts to attack a
person or domestic or farm animal on private or public property. For
purposes of this provision, "repeatedly" shall mean more than one
unprovoked attack or attempted attack occurring during the course
of either a single encounter or separate encounters.
The animal's owner or custodian is in possession of training
apparatus, paraphernalia or drugs intended to be used to prepare or
train animals to be fought and the animal displays evidence that it
has been or will be fought.
Any male or female of the canine species, commonly accepted
as domesticated household pets.
Has the meaning given it in M.S.A. § 609.02, Subdivision
8, as amended.
The facility(ies) designated by the City Administrator or Chief of Police as an animal impound facility for keeping animals that are impounded by authorized City personnel. Impound facilities or pounds shall include those facilities authorized under § 54-10 of this chapter.
To own, stable, harbor, maintain, or act as a custodian for
any animal.
A facility which is engaged in the business of breeding,
buying, selling or boarding dogs.
Any person or the parents or guardians of a person under
18 years of age who owns, harbors, keeps, has an interest in, or has
care, custody or control of any animal.
Any individual, partnership, corporation, firm, organization,
department or group, however organized.
Any animal which demonstrates any of the following behavior:
When unprovoked, bites or inflicts injury to a person on public
or private property, causing bodily harm.
When unprovoked, bites, inflicts injury, or otherwise causes
injury to a domestic or farm animal off the property of the owner
or custodian of the attacking animal.
When unprovoked, engages in any behavior that constitutes a
physical threat of bodily harm to a person or domestic or farm animal
or poses an immediate threat to public safety on or off the property
of the owner or custodian of the animal.
Has a known propensity, tendency or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals.
Has the meaning given it in M.S.A. § 347.50, Subdivision
4, as amended.
An act that an adult could reasonably expect may cause an
animal to attack or bite.
Any animal that is not:
Effectively contained, restrained or confined within a fenced
area, by voice control, or by other means on the owner's property;
Effectively restrained by chain, cord or leash to private property
with the consent of the property owners; or
Effectively restrained by a chain, cord or leash not exceeding
six feet in length or by a "flexi-lead" or similar device when located
on any street, public grounds, or other location besides the owner's
property.
Has the meaning given it in M.S.A. § 609.02, Subdivision
7a, as amended.
That the victim who has been conducting himself or herself
peacefully and lawfully and has not purposely excited, stimulated,
agitated or disturbed an animal.
No person shall keep or harbor any dog within
the limits of Breckenridge unless such dog is properly licensed in
accordance with the provisions of this chapter. Persons visiting Breckenridge
for 30 days or less are not required to license their dog.
[Amended 3-4-1985 by Ord. No. 390; 3-19-2018 by Ord. No.
498]
License tags shall be issued annually for a one-year period, which shall begin on January 1 of each year. The license fee for each dog shall be as provided in Chapter 86, Fees. No person shall counterfeit tags or purchase more than one license for a dog except as provided. No household shall keep or maintain more than three dogs as are required to be licensed nor shall the City Administrator or his or her designee issue more than three dog licenses to any household unless said household otherwise is properly licensed as a kennel.
The City Administrator shall secure tags in
a design and color necessary to readily distinguish the year of license.
As to newly acquired dogs brought into the City of Breckenridge during
the year, licenses shall be acquired within 15 days after such dog
is acquired or brought into the city, except as provided. No dog license
shall be issued for any dog that has not been immunized against rabies
by vaccination during the two years preceding the application for
such license. All dogs kept in the city that are unlicensed because
their age will not permit them to be safely vaccinated as required
must be fitted with a collar and identification of the owner.
Applications for dog licenses shall be made
with the City Administrator or his or her designee. Upon payment of
the required license fee and a presentation of a certificate from
a licensed veterinarian or the production of other satisfactory evidence
that the dog has been immunized against rabies by vaccination within
two years preceding the date of the application, the license may be
issued. The City Administrator shall cause to be kept a record of
all licenses, the name and address of the owner, the date the dog
was immunized against rabies, the license number issued and description
and name of the dog.
The owner of the dog shall cause the license
tag to be affixed to the collar of the dog so licensed and shall see
that the license tag is constantly worn by the dog. No person shall
wrongfully remove a tag or identification legally placed on a dog.
In the event a license tag is lost or otherwise missing from a licensed dog, a duplicate may be procured from the City Administrator upon a payment of a fee as provided in Chapter 86, Fees.
[Amended 10-15-2018 by Ord. No. 505]
No dog shall run at large in the City limits of the City of
Breckenridge whether such dog is licensed or not. Any authorized City
personnel may impound such dog found to be running at large.
Any dog which bites or scratches any person
shall be immediately confined or impounded under the supervision of
the police or operator of the pound. When it is believed that an unvaccinated
dog is responsible, the health office shall be notified and such dog
confined or impounded for observation for such time as deemed necessary,
or such dog may be destroyed and its carcass examined for the purpose
of determining if it has rabies. Any dog or animal found to have rabies
shall be destroyed. The owner shall be responsible for payment of
all expenses in boarding animals confined as a result of rabies investigation.
Any dangerous, vicious or diseased dog or other animal, whether licensed
or not, found running at large may be summarily destroyed by the police
without notice to the owner.
[Amended 10-15-2018 by Ord. No. 505]
An animal pound is hereby authorized. Such pound shall be approved
by the City Administrator or the Chief of Police. The pound should
meet the reasonable standards of cleanliness and security. The operator
of the pound shall be responsible for the humane care and custody
of all animals impounded. Authorized City personnel shall be provided
access to the impoundment facility 24 hours per day every day. The
City Administrator or Chief of Police may approve reasonable and customary
hours and rates or fees charged by the pound for services rendered.
Such services may include keeping impound records, issuing dog licenses,
collecting fees and penalties as authorized, notification of owners
when identified, boarding and destroying animals as provided in this
chapter.
[1]
Editor's Note: Former § 54-11, Dog Catcher, was repealed
10-15-2018 by Ord. No. 505.
[1]
Editor's Note: Former § 54-12, Power of police and Dog
Catcher, was repealed 10-15-2018 by Ord. No. 505.
[Amended 2-7-2002 by Ord. No. 440]
All impounded dogs shall be kept at the pound
for a minimum of five full days beginning at 12:00 midnight the date
of their capture and impoundment, unless redeemed by the owner. After
such period, impounded dogs may be destroyed or disposed of as provided
in this chapter; provided, however, that no dog shall be destroyed
on a Sunday or legal holiday. In the event the five-day period would
expire on a Sunday or legal holiday, such impounded dog shall be kept
in the pound until the following Monday or day after the holiday.
[Amended 10-15-2018 by Ord. No. 505]
Authorized City personnel shall attempt to make contact with
the owner, if known, of any dog impounded to give notice of impoundment
of such dog.
Any dog may be redeemed by the owner within the time stated in the notice by payment to the City Administrator or his or her designee of the license fee and penalty if any for the current year, plus an impounding fee as provided in Chapter 86, Fees, plus board for each day or fraction of a day such dog is confined in the pound. The board will be in an amount set by the operator of the pound.
Anyone may acquire an impounded dog in the following
manner:
A.
Before the period of redemption has expired, a person
desiring to acquire an impounded dog may notify the pound operator,
City Administrator or his or her designee that he or she desires such
dog.
B.
If the dog is not redeemed by the owner within the
time stated in the notice of impounding, such dog may be transferred
to that person upon the expiration of the period of redemption.
C.
Such new owner shall obtain a vaccination and procure
a proper license for such dog if it is to be kept within the City
of Breckenridge and pay all boarding costs that the true owner would
have been liable for.
A.
No person may engage in the business of raising dogs
for sale or breeding dogs or in the business of caring for dogs of
others without first obtaining a license to do so. Such license shall
be known as a "dog kennel license." All applications for such licenses
shall be made to the City Administrator.
B.
No dog kennel license shall be granted in any area of the City zoned
as residential.
[Amended 3-19-2018 by Ord. No. 498]
C.
No dog kennel license shall be granted unless an investigation
is first made by the Codes Administrator or other official designated
by the City Council and such investigator certifies that the applicant
has the facilities to properly care for the dogs under sanitary conditions
and that the keeping of such dogs will not result in unduly disturbing
persons occupying property in the vicinity of the place where the
dogs are kept.
A.
It shall be the obligation and responsibility of the
owner or custodian of any dog or other animal in the city, whether
permanently or temporarily therein, to prevent such dog or animal
from committing any act which constitutes a nuisance. It shall be
considered a nuisance for any dog or other animal to:
(1)
Habitually or frequently bark or cry.
(2)
Frequent school grounds.
[Amended 10-7-2002 by Ord. No. 448]
(3)
Chase vehicles.
(4)
Molest or annoy any person if such person is not on
the property of the owner or custodian of such animal.
(5)
Molest, defile or destroy any property, whether public
or private.
(6)
Run at large.
B.
The owner or the custodian of any dog shall be responsible
for the actions of the dog when such defecates or vomits on property
other than the owners or otherwise causes an unsanitary condition
in a public place. The owner shall make every effort to immediately
clean up after the dog.
C.
Failure on the part of the owner or custodian to prohibit
the animal from committing an act of nuisance shall be subject to
the penalty hereinafter provided.
D.
Any authorized City personnel may remove any animal committing such
a nuisance and cause it to be impounded if the owner or custodian
is not present to prevent such nuisance.
[Amended 10-15-2018 by Ord. No. 505]
[1]
Editor's Note: Former § 54-19, Finder’s fee, was
repealed 3-19-2018 by Ord. No. 498.
