[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:
ANIMAL SHELTER
Any premises designated by action of the City for the purposes of impounding and caring for all animals found in violation of this article.
ANIMAL CONTROL OFFICER
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]
AT LARGE
A dog is at large when it is off the property of his owner and not under restraint.
COMMERCIAL KENNEL
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]
DOG
Applies to any canine animal, male or female, altered or unaltered.[1]
NUISANCE DOG
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]
OWN
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.
OWNER
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.
RESIDENTIAL KENNEL
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]
STRAY
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.
[1]
Editor's Note: This ordinance also repealed former § 87-9, Tag and collar, amended 5-19-2009 by Ord. No. 459, and renumbered former §§ 87-10 through 87-18 as §§ 87-9 through 87-16, respectively.
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.