City of Fairfax, MN
Renville County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fairfax 6-1-2004 by Ord. No. 404. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 127.
Noise — See Ch. 141.
Nuisances — See Ch. 155.
Solid waste — See Ch. 190.
As used in this chapter, unless the context otherwise indicates, the following words shall have the meanings indicated:
ANIMAL
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:
A. 
Those 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.
B. 
Those 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:
(1) 
Any member of the large cat family (family felidae), including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats.
(2) 
Any naturally wild member of the canine family (family canidae), including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.
(3) 
Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.
(4) 
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.
(5) 
Any 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 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.
C. 
Those 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.
ANIMAL CONTROL OFFICER
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]
AT LARGE
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.
CAT
Both the male and female of the felidae species commonly accepted as domesticated household pets.
DOG
Both the male and female of the canine species, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind.
OWNER
Any person or persons, firm, association or corporation owning, keeping, or harboring an animal.
RELEASE PERMIT
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.
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 exhibition.
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.
(2) 
The release fee of $25 in Subsection A is in addition to the release permit fee specified in the definition of "release permit" in § 78-1.
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.
D. 
Other. Any animals kept contrary to this section are subject to impoundment as provided in § 78-5.
[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;
B. 
The officer reasonably believes that the animal meets either the barking dog criteria set out in § 78-7A; the criteria for dangerous animals set out in § 78-11; the criteria for cruelty set out in § 78-13; or the criteria for an at large animal set out in the definition of "at large" in § 78-1;
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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
DANGEROUS ANIMAL
An animal which 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 which 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 and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals.
POTENTIALLY DANGEROUS ANIMAL
An animal which has:
(1) 
Bitten a human or a domestic animal on public or private property; or
(2) 
When unprovoked, 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.
PROPER ENCLOSURE
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:
(1) 
Have a minimum overall floor size of 32 square feet.
(2) 
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.
(3) 
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.
(4) 
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.
UNPROVOKED
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:
(1) 
That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in the definition of "dangerous animal" in Subsection C.
(2) 
That the animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in the definition of "dangerous animal" in Subsection C.
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:
(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.
(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]
C. 
Petty misdemeanor. Violations of §§ 78-2, 78-7, 78-13 and 78-14 are petty misdemeanors punishable by a fine up to $300.
[Amended 2-13-2007 by Ord. No. 414]