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Home My WebLink About2008-02-06 PACKET 08.C.REQUEST OF GTY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM �� DATE 02/06108 PREPARED BY: Public Safety Craiq A. Woolery Of�IGINATING DEPARTMENT STAFF AUTHOR t * { * t * t * } * * k * h k :F k :k * :F * 4 :F `k t * * * * t * } * * 4 i * * * * :F k :F k k :F * k COUNCIL ACTION REQUEST: Consider passing an ordinance amending Title 5, Chapter 4 of the Cottage Grove City Code relating to animals. Consider adopting a resolution authorizing publication by title and summary. STAFF RECOMMENDATION: Adopt the ordinance amending Title 5, Chapter 4 of the City Code. Adopt a resolution authorizing publication by title and summary. SUPPORTING DOCUMENTS: � MEMO: memo dated 01-31-08 from Deputy Director of Public Safety Peter Koerner RESOLUTION ORDiNANCE ADMINISTRATORS COMMENTS: �f�G1�Y/t ity Administrator Date ,��..�� «�,��k,��{�>�� COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER �,�P �� -� H�Council 2008\02-06-08 CA form Resoluhon to adopt the DANGEROUS DOG ORDINANCE AMENDMENTS doc City of Cottage Grove �= Public Safety yF �.� a.2�n; - To: Honorable Mayor and City Council ! From: Deputy Director of Public Safety Peter Koerner ( f .,:, Date: January 31, 2008 Subject: ANIMAL CONTROL ORDINANCE At the September 5`", 2007 regular City Councii meeting's Open Forum session area residents of the 9600 block of Hallmark Avenue, requested further restrictive changes be made to Cottage Grove dog ordinances in light of an August 11, 2007 Pit Bull attack on a 2 year old child. On September 12`", 2007, Chief Woolery also responded to the City Council in regards to open forum comments. Chief Woolery did request public comment and review by the Public Safety Heaith and Welfare Commission. During the Public Safety, Health and Welfare Commission's October meeting, there was discussion with the publicin regards to how our ordinance addresses dangerous and potentially dangerous dogs. The Public Safety Department did listen to comments provided by the citizens and Pubiic Safety, Health and Welfare Commission members. Public Safety Staff also reviewed numerous metro ordinances. After reviewing public comment, Commission comments, and public safety staff comments, there were areas that were identified that needed to be revised. Rather than just looking at the dangerous dog section, the Public Safety Department used this opportunity to review and update the entire animal ordinance. The revised ordinance was presented to the Public Safety Health and Weifare Commission on January 15 2008 and the commission approved the revisions to the animal ordinance and requested it be forwarded to the City Council for approval. The public was also given an opportunity to provide comment at this time as well. The following areas were addressed: • The ordinance amends and adds new definitions . Clarifies the prohibition against domestic animals at large • Makes unlawfui animal attacks a nuisance • Establishes procedures for animals presenting an imminent danger • Establishes administrative hearing procedures and requirements for dogs designated as dangerous and potentially dangerous Establishes additional procedures for the redemption and release of seized and impounded animals Authorizes the city to make a list of dangerous and potentiaily dangerous dogs available to the public This has been a public process with citizens having the opportunity to be involved. I would recommend that the City Council adopt the ordinance amending Title 5, Chapter 4 of the City Code and also adopt a resolution authorizing publication by title and summary. Thanks. CITY OF COTTAGE GROVE RESOLUTION NO. _ RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. - WHEREAS, amendment to the meeting; and the City of Cottage Grove has adopted the above referenced Cottage Grove City Code at the February 6 2008 City Council WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the pubiication of the compiete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Minnesota, that the city clerk shall cause the following summary of Ordinance No. - to be pubiished in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. - AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDWG TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 8, AND ADDING SECTIONS 9 THROUGH 12 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMA�S The City Council has adopted Ordinance No. , an ordinance entitled "AN ORDINANCE FOR THE GTY OF COTTAGE GROVE, MINNESOTA, AMENDWG TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 8, AND ADDING SECTIONS 9 THROUGH 12 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMALS." This summary of the ordinance is published pursuant to Minn. Stat. § 412.191, subd. 3. The ordinance amends and adds new definitions, clarifies the prohibition against domestic animals at large, makes uniawful animai attacks a nuisance, establishes procedures for animals presenting an imminent danger, clarifies licensing requirements for dog and cats, and establishes administrative hearing procedures and requirements for dogs designated as dangerous and potentially dangerous. The ordinance ciarifies the vaccination requirements, requires compliance by owners as well as caretakers, and establishes liability for related costs. The ordinance estabiishes a basic care requirement for all animals. The ordinance authorizes the city to impound and seize animals found to be kept in violation of the ordinance as well as establishes additional procedures for the redemption and release of seized and impounded animals. The ordinance adds new sections authorizing the city to destroy certain animais i�s»s� � n�.�� r ri;� ,a found to be kept in violation of the ordinance. The ordinance makes it a violation to interFere with officers authorized to act under this ordinance and to conceal animals that have been ordered into custody. The ordinance authorizes the city to make a list of dangerous and potentially dangerous dogs available to the public. Copies of the full text of the ordinance are available for public inspection in the City Cierk's office during normal business hours or upon request by calling 651-458-2800. /s/ Caron M. Stransky, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a pubiic place in the City for a period of two weeks. Adopted by the City Council of the City of Cottage Grove, Minnesota this 6 day of February 2008 Sandra Shiely, Mayor r_��r��M Caron M. Stransky, City Clerk i'R'__'Se 1 NJ\1 �715; ?.� � C� 7:7 � 7 P► T e � � L�] �[� a AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 8, AND RDDING SECTIONS 9 THROUGH 12 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMALS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: Section 1. Title 5, Chapter 4, Section 1, relating to definitions, is amended to read as follows: ANIMAL CONTROL OFFICER or ANIMAL CONTROL AUTHORITY: A police officer, community service officer, or other person ^m^'^ "„ +h„ ,.+„ .,,,�, +„ v�horr3. or their respective_de�artments that i reso onsible for animal contro( operations ^•^ ^'^�G-in the citv. CARETAKER: An�_person._ firm. associa or coraoration possessing, ha_rborin�,, keeping, havina an interest in or havina care. custodv or control of a domestic or w iid animal on behalf of the domestic or wild animaPs ----- ------ Owner. _ —__ <-°--- DANGEROUS__._ _ __ DOG_____,_Any__ = do�_ that has (11 without nrovocation inflicted substantial bodilv harm on_a human._being_on - _ - publie__ _ . _.____,____ or orivate or ooertv: (2) killed a domestic a nimal without..pro w hile off the o wner's oro or (3).been_found to be potentialiv_ dan gerous, and after the owner has notice that the_do�__,is__�otentially danaerous, the doa aqaressivelv bites,_ attacks or endanqers the safetv of humans or domestic animals. DESTRUCTION COSTS: The costs attributed to the nroaer and humane destruction of a doq pu rsuant to Minnesota Statutes and this chapt DISEASED ANIMAL: An animal shall be considered diseased if it has any communicable disease or is suspected by a qualified person of having any communicable disease. A rabid animal shall be one having rabies or suspected by a qualified person as having rabies. A rabid animal is._a_diseased_animal_ GREAT_BODILY HARM_Purs to Minnesot Statutes, Secti 60 9.02, subd. 8. areat bodilv harm mean bodilv ini� which create a hiah orobabilitu of death. or which causes serious oermanent disfigurement or which causes a ea rmanent or arotracted loss or imoairment of the function of anv bodilv member or or aa n or other serious bodiy.harm_' MAINTENANCE C a resuit of a seizinq an animal _.... _ _ -- --_—° -- for__ or_ observation, includi�nc_but_ not_ to the capturinq _'_bi'_ivs n1J�1 i"I i59-'_�1 REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #�� DATE 02/06/08 L-0� PREPARED BY: Public Safety Craiq A. Woolery ORIGINATING DEPARTMEP�T STAFF AUTHOR ��..��t��,.��«��,�„ � COUNCIL ACTION REQUEST: Consider passing an ordinance amending Title 5, Chapter 4 of the Cottage Grove City Code relating to animals. Consider adopting a resolution authorizing publication by title and summary. STAFF RECOMMENDATION: Adopt the ordinance amending Title 5, Chapter 4 of the City Code. Adopt a resolution authorizing publication by title and summary. SUPPORTING DOCUMENTS: � MEMO: memo dated 01-31-08 from Deputy Director of Public Safety Peter Koerner RESOLUTION ORDINANCE /��1►U11�1691:7G\[�7:Z.YK�7► I► I��.9i �/�Q(rkVY/1 C=�� ity Administrator Date k k * k * k 'k k k T"k * * `k �k * * * :F * * * * * t * * * * * * i' k * k * * `k k * 'k W `k * k k %' COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER �� C'� zs ' � H\Council 2008\02-06-08 CA form Resclu:icn to adopt the DANGEROUS DOG ORDINANCE AMENDMENTS aoc � ��'� . • �� r �� - . ' �; ;. To: Honorable Mayor and City Council � � if' From: Deputy Director of Public Safety Peter Koerner . ;, Date: January 31, 2008 Subject: ANIMAL CONTROL ORDINANCE At the September 5 2007 regular City Council meeting's Open Forum session area residents of the 9600 block of Hallmark Avenue, requested further restrictive changes be made to Cottage Grove dog ordinances in light of an August 11, 2007 Pit Buil attack on a 2 year old child. On September 12�", 2007, Chief Woolery also responded to the City Council in regards to open forum comments. Chief Woolery did request public comment and review by the Public Safety Neaith and Weifare Commission. During the Public Safety, Health and Welfare Commission's October meeting, there was discussion with the public in regards to how our ordinance addresses dangerous and potentially dangerous dogs. The Public Safety Department did listen to comments provided by the citizens and Public Safety. Health and Welfare Commission members. Public Safety Staff also reviewed numerous metro ordinances. After reviewing public comment, Commission comments, and public safety staff comments, there were areas that were identified that needed to be revised. Rather than just Iooking at the dangerous dog section, the Public Safety Department used this opportunity to review and update the entire animal ordinance. The revised ordinance was presented to the Pubiic Safety Heaith and Welfare Commission on January 15` 2008 and the commission approved the revisions to the animai ordinance and requested it be forwarded to the City Council for approval. The public was also given an opportunity to provide comment at this time as weli. The following areas were addressed: • The ordinance amends and adds new definitions . Ciarifies the prohibition against domestic animals at large • Makes unlawful animal attacks a nuisance • Establishes procedures for animals presenting an imminent danger • Establishes administrative hearing procedures and requirements for dogs designated as dangerous and potentially dangerous • Establishes additional procedures for the redemption and release of seized and impounded animals . Authorizes the city to make a list of dangerous and potentialiy dangerous dogs avaifable to the pubiic This has been a public process with citizens having the opportunity to be involved. I would recommend that the City Council adopt the ordinance amending Title 5, Chapter 4 of the City Code and also adopt a resolution authorizing publication by title and summary. Thanks. CITY OF COTTAGE GROVE RESOLUTION NO. _ RESOLUTION AUTHORIZING SUMfVIARY PUBLICATION OF ORDINANCE NO. - WHEREAS, amendment to the meeting; and the City of Cottage Grove has adopted the above referenced Cottage Grove City Code at the February 6` 2008 City Council WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Minnesota, that the city clerk shall cause the following summary of Ordinance No. - to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDWANCE NO. - AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 8, AND ADDING SECTIONS 9 THROUGH 12 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMALS The City Council has adopted Ordinance No. , an ordinance entitled "AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, CHAPTER 4, SECTIONS 1 TNROUGH 8, AND ADDING SECTIONS 9 THROUGH 12 OF THE COTTAGE GROVE CITY CODE RELATING TO ANIMALS." This summary of the ordinance is published pursuant to Minn. Stat. § 412.191, subd. 3. The ordinance amends and adds new definitions, clarifies the prohibition against domestic animals at large, makes unlawful animal attacks a nuisance, establishes procedures for animals presenting an imminent danger, clarifies licensing requirements for dog and cats, and establishes administrative hearing procedures and requirements for dogs designated as dangerous and potentially dangerous. The ordinance clarifies the vaccination requirements, requires compliance by owners as weli as caretakers, and establishes Iiability for related costs. The ordinance establishes a basic care requirement for all animals. The ordinance authorizes the city to impound and seize animals found to be kept in violation of the ordinance as well as establishes additional procedures for the redemption and release of seized and impounded animals. The ordinance adds new sections authorizing the city to destroy certain animals ;�s»se� �u�i�'r��s-'_t found to be kept in violation of the ordinance. The ordinance makes it a violation to interfere with officers authorized to act under this ordinance and to conceal animals that have been ordered into custody. The ordinance authorizes the city to make a list of dangerous and potentially dangerous dogs available to the public. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 651-458-2800. !s/ Caron M. Stransky, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hali for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Cottage Grove, Minnesota this 6 day of February 2008 Sandra Shiely, Mayor ATTEST: Caron M. Stransky, City Clerk 7'S_'7Rt�t \UM1iCT1i5?-1 � C�I:7 ]I�LI►[�7��[�a AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 5, CHAPTER 4, SECTIONS 1 THROUGH 8, AND ADDING SECTIONS 9 THROUGH 12 OF THE COTTAGE GROVE CITY CODE RELATING 70 ANIMALS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: Section 1. Title 5, Chapter 4, Section 1, relating to definitions, is amended to read as follows: ANIMAL CONTROL OFFICER or ANIMAL CONTROL AUTHORITY: A police officer, community service officer, or other person ^m^-�-�: +" ^-�,� whorn or thei r_respective_,.de�artments that is re� onsible for animal control operations ^•^ �'^��-in the citv. CARETAKER: Any__ perso.n_ firm associa or coro oration po_ssessin�, harborinq, keeainq, havina an interest in or havina care. custodv or control of a domestic or wild animal on behalf of the domestic or wild animal's Owner. -- _ -- DANGEROUS__ __ ._ DOG:________A� ___ doa that has: (11 without orovocation. inflicted substantial bodilv harm o a human beina on public _-________ -- or private "- - - — - pro (21 killed a domestic animal withoutproy_o_cation while oif th owner's aroqerty;,_ ----- - --- (3), be_e_n_found_to danqerous a nd after the owner has notice that the_ _do�__is _potentiallv danaerous, the doq aa rq essivel�_.bites __ attacks or endan aers the safetv of humans or domestic an imals. DESTRUCTION COSTS: The costs _ a#tributed _to the �?r�er and humane destruction of a doa pursuant to Minnesota Statutes and this chaoter. DISEASED ANIMA�: An animal shall be considered diseased if it has any communicable disease or is suspected by a qualified person of having any communicable disease. A rabid animal shall be one having rabies or suspected by a qualified person as having rabies. A rabid animal is animal, GREAT BODILY HARM: Pursu to Minnesota Statutes. Section 609.02. subd. 8 areat bodilv harm mean bodilv iniurv which creates a hiqh probabilitYof death or_whicn_.causes_serious �ermanent..disfi�urement,_or whieh causes a aermanent or orotracted loss or imoairment of the function of anv bodilv member or oraa or other serious bodil�harm_' MAINTENANCE_COST$:_.Any_costs._in as a result of a seizina an animal ,-_ - . for imooundment or o bserv_ation. includincl but_ not_ limited_ to.. the capturin 3'b�'_� e5 ��U��i c'I�tg>->.l im�ounding, kee��_treatinq, examinin,g__securinq�confininq, feedin�,_ boardin� or maintainina seized animals. whether these services are arovided bv the c itv or a city_ contractor POLICE DOG: A dop that is trained their work. Work includes. but is susaects. trackina of missina oerson=_ soecificallv to assist aolice personnel with not limited to. trackina and a qorehendinq _and detectin� controlled substances POTEN DANGEROUS DOG: An doa that:(11 when unprovoked inflicts bites on a huma or domestic anima publ or priv_at qroperty_�(2)_ when unorovoked, _chases or apqroaches a qerson includina a person on a bieycle, uaon the streets. sid or anv oublic or orivate �ronertv. other than the doa owner's �rope rty, in an�arent attitude attack;_ (3) has a known propensity,. –__ ._ --° ° — - tendency,_ or__ d to attack unarovoked causina iniurv or otherwise threa#ening safetv of humans or domestic animals. PRO PER ENCLOSURE: A"oroqer enclosure" means a sec ure indoor ---.._. ....... — - confi nement or a secure locked oen or structure suitable to orevent the animal from escaoing_and to_�ro protection for_the animal from the ele ments. A nroaer enclosure does not include a oorch. batio� or any aart of a house,.�araae or other structure that would allow the animal to exit of its own volition. or anv house or structure in which windows are oae or in which door or wind screens are the only barriers that _prevent t he animal from exitina. The enclosure must not allow the earess of the animal in anv mann without hum assistance. A"proper enclosure" must meet the followinq minimum soecifications: (1�The floor_m have a minimum overall area of thirtv two l3 21 sauare feet. �2 The side walls must have a minimum heiaht of five feet (5') and be constructed of eleven (11) aauqe or heavier wire. O oeninas in the wire mav not exceed two inches (2"). Su000rt no must be one and one-fourth inch (1 — ---- — 1/4" diameter or__larqer steel_pipe buried into the qround eiahteen inches (18") or mor When a concr floor is not nrovided. the side walls must be buried a mini of eiah teen inches (18") in the around. —<__. . °_- (31 A cover over the entire nen or kennel must be�rovided. The cover must.be constructed of the same aauae wire or heavier as the side walls and must have, no, openings_in the wire areater than two inches 2" . (4) An entrance/exit aate must be prov and be constructed of the same mater as the side walls and must have no openinas in the wir areater_than two inches (2"l. The aate must be eauiooed with a device capable of being locked and must be locked at all times when the anima is in the e nclosure. SERVICE DOG: Any guide dog, signal dog, or other animal individually trained or bein�tr.ained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, ;�v��i�; ntm� cTi��-�a alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. SUB STANTIAL BODILY HARM: Pursuant to Minnesota Statutes. Section 609.02. su mea bodilv in 'ui rv that involves a tempo disfi qurement. or that causes a tem oorarv but sub stantial loss or imaairment of the function of anv bodilv me mber or o raan or that causes a fracture of anv bodilv member. UNPRO The condition i n which the doq is not purqosefu motivated or promoted - — WILD ANIMAL Any animai that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include but are. limited to the foilow-Inq- any ape (including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including all members of the deer family such as elk, antelope, and moose), elephant, fox, any game bird (including pheasants, ducks, geese quail, and grouse), hippopotamus, hyena, jaguar, leopard, lynx, monkey, puma (also known as cougar, mountain lion, or panther), pot bellied pigs, rhinoceros, any snake which is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Sec. 2. Title 5, Chapter 4, Section 2, relating to the prohibition on domestic animals at large, is amended to read as follows: It shall be unlawful and a misdemeanor to permit a domestic animal to run at large. whether or not the owner is present. within the limits of the city. Do_qs or cats_ must be continuouslv und r estraint on a lea and accom aanied b a person reasonabN able and effectivelv restrainina the doa or cat Sec. 3. Title 5, Chapter 4, Section 3, Subsection A, relating to noisy animal nuisances. is amended to read as follows: A. Noisy Animals: No person shall keep or harbor an animal which habitually barks, cries or creates a noise in a manner which disturbs the peace and qulet of any street, neighborhood or public place at any time of day or night. Habitual barking shall be defined as barking for repeated intervals of at least three (3) minutes with less than one 1�minute of interruption—��,h bur�in� mt�s�-alse-be and audible off the owner or caretaker's premises. Sec. 4. Title 5, Chapter 4, Section 3, Subsection C, Clause 2, relating to feces removal nuisances, is amended to read as foliows: 3_'ol'les 9u,ntc'P�s;__'3 ; 2. It shall be the duty of each person having the custody or control of a domestic animai, when such animal is upon any of the places or areas described in subsection C�1� of this section, to have in hislher immediate possession a device or equipment for the picking up and removal of such feces. Sec. 5. Title 5, Chapter 4, Section 3, relating to nuisances, is amended by adding the following subsections: D. Attacks Unlawful: Unless exemqted bv Minn S tatutes or this chapter it _shall be un iawful for anv owne or.ca or wil ani to inflict areat bodilv harm or substantial bodilv harm t o any person or anv animal reqardless of whether the owner or caretaker is�resent. E. Animals Presentina Imminent Danqer If an animal control officer or_ _�_ol_ice officer has reason to believe that an an imal qresents an imm dan to the health and safetv of an�person or the animal is in the nrocess of attackina anv person. the officer mav immediatelv destrov the animal in a nrooer and, h uman e manner. I t he alternative. the off icer mav seize the animal a nd confine the animal as set forth in Section 5-4-8F. The owner_of_the animal qresentina an imminent danaer is resnonsible for all destruction and maintenan fees. Sec. 6. Title 5, Chapter 4, Section 4, Subsection A, Clause 2, Subciause c, relating to the licensing of dogs and cats, is amended to read as follows: c. Exemptions From Fee: f�+�eyeAy'r° ^^� " ^^�^^" ^s_de „ ^�a;, �^'! ^` :"�� ^�Service doas shall be exempt from the Iicense fee upon providing proof of certification of training as a service dog�-�egs. Doas used in police or rescue activities by or with the permission of the city are exemot from the license fee. Sec. 7. Title 5, Chapter 4, Section 4, Subsection A, Clauses 3 through 5, 7 through 8, and 10 and 11, relating to the licensing of dogs and cats, are amended to read as fol lows: 3. Appiication For License: The owner of a dog or cat, at the time of application, shall provide the city clerk, his or her name and address, the name, breed, color, a�-sex of the dog or cat�proof of rabies vaccination and statement of spayinq or neuterinq. No license shall be granted for a dog or cat, which has not been vaccinated against rabies, as provided in this section. 4. �icenses Period: �icenses sha(I be issued on a calendar year basis with an expiration date of December 31. The owner of a dog or cat shall have the option to apply for a one �1�_year, two (2} year, or three (3) year license, depending on the expiration date_ of the rabies vaccination�^�. 5. Tags: ;��,: � i� s�»�i c c i;;_�a � a. Issuance: The city clerk shall procure a sufficient number of suitable r�e#a�temetal tags, the shape or color of which shall be different for each license year, and shall deliver one appropriate tag to the owner when the fee is paid. b. Tag Fastened To Collar: The owner shall cause the tag described above to be affixed by a permanent metal fastening to the collar of the dog or cat so licensed in such a manner that the tag may be easily seen. �#e��Th ta � shall see t"°++�;�be constantly worn by s�e+�the licensed dog or cat. c. Duplicate Tags: In case any dog or cat tag is lost, a duplicate may be issued by the clerk upon presentation of a receipt showing the payment of the license fee for the current year. A charge in such amount as provided by ordinance of the city council from time to time shall be made for each such duplicate tag. d. Danaerous Doqs: Pursuant to Minnesota Statutes Section_ 347.51 = subd. 7, a da nqerous doa shall also ha ve a standardize taq identifyina th doa as _._. _ dan�erous and containina a danqerous docLS�mbol. e. Potenti�.D Doas A notentiall danqerou doq shall also have a standardized taa identifvinq the dog as qotentiallv danaerous. 7. Statement Of Neutering Or Spaying: An applicant for a license for a neutered male or for a spayed female dog or cat shall present a statement from a licensed veterinarian indicating that the dog or cat has been neutered or spayed and giving the date of the operation. 8. Registration Fee For Dangerous Dogs: {� Pursuant to the cit v's autho under Minnesota Statutes Section 347.51. subd. 3. in addition to the fee set forth above, the owner of a dangerous dog shall pay a registration fee to the city clerk. The fee, as established by council ordinance from time to time. shall be paid on or before January 1 of each year. 10. License Prohibited To Minors: No license may be issued to an applicant under the age of eighteen (18) ��. 11. Exemptions From Licensing Provisions: Cats a�ecan be used ;^ ^^^ ^^''^^ �^�+" #k�e-eper-aNe+�-o#-€ar��to control the rodent population�-k�e-re�ea on a farm and to facilitate the efficient operation of farming, ^^^'-�, '�me,-I�si� e��z�Es-en-€ar-En +�e�s. For these reasons oniv. the owners of properties in excess of ten (10) acres in either the AG-1 or AG-2 zoning district ar�-�+s have farming operations shall be exempt from ##isthe licensina reauirements for cats under subsection .� for the lise+�sin�--of-^��—A,;:; exceot that all farm cats must be vaccinated against rabies as �ti+�ed ��e� described in subsection B of this section. ±��,uros nu��cnss= a � Sec. 8. Title 5, Chapter 4, Section 4, Subsection B, Clause 1, Subclause a(1), relating to rabies control and vaccinations of dogs and cats, is amended to read as fol lows: (1) Every dog or cat shall be vaccinated against rabies, and no license, except as provided by this chapter, shall be granted to a dog or cat which has not been so vaccinated. �eta^^��Doqs and cats shall be vaccinated within thirty (30) days after they reach the age of six (6) months. Sec. 9. Title 5, Chapter 4, Section 4, Subsection B, Clause 1, Subclause b, relating to rabies control and revaccinations of dogs and cats, is amended to read as follows: b. Revaccination: Every dog or cat shall be vaccinated one 1�year after initial vaccination, and thereafter at three (3) year periods, with modified live virus vaccines or inactivated vaccines having a three (3) year duration, or annually if any other shorter duration vaccine is used. Sec. 10. Title 5, Chapter 4, Section 4, Subsection B, Clause 1, Subclause c(3), relating to rabies control and vaccinator's provision of tags for dogs and cats, is amended to read as follows: (3) A veterinarian who vaccinates a dog or cat in the city shall provide the owner with a metal or durable plastic tag, serially numbered to coordinate with the certificate of vaccination. A metal or durable plastic tag shail be securely attached to the collar or harness of a dog or cat. Whenever the dog or cat is out of doors, whether on or off the owner or caretaker's premises the collar or harness with the attached vaccination tag a�must be worn bv the doa or cat Sec. 11. Title 5, Chapter 4 Section 4, Subsection B. Clause 1, Subclauses e{2) and e(3), relating to rabies control and the responsibility and liability of the owner of dogs and cats, are amended to read as follows: (2) An owner-o�stedia+� of a dog or cat not appropriately vaccinated against rabies which bites or exposes a person to rabies is guilty of a petty misdemeanor. (3) An owner or e-�stediat�caretaker of a dog or cat who permits such animal to be uncontrolled off the owner's or e�caretaker's premises without a proper rabies identification tag is guilty of a petty misdemeanor. Sec. 12. Title 5, Chapter 4, Section 4, Subsection B, Clause 2, Subclauses b and c, relating to rabies control and dogs and cats bitten by rabid animals, are amended to read as follows: ;�oi �i� s �iJ�i rriss �a � b. Unvaccinated Dog Or Cat: If the h+�exposed3 dog or cat is not vaccinated, the following shall apply: (1) In the case of a dog or cat ud#�+sMthat has not been vaccinated in accordance with this subsection B and vak+iet�that has been exoosed to a rabid animal, such �itie�--�exposedj dog or cat ��shall be immediately destroyed— or (2) If the owner is unwilling to destroy the b+t#e�-(exposed� dog or cat, such animal shail be placed in strict isolation in a kennel under veterinary supervision for a-�+r�imt+m-e#-six (6) months. Before release of the dog or cat to its owner, it shail be vaccinated for rabies one �month prior to its release. The owner of the_ doq_or_cat shall be resoonsibie for the maintenance_costs durin�_the__strict isolation. c. Vaccinated Dog Or Cat: If the �i##et�-�exposed3 dog or cat is vaccinated, the foliowing shall apply: (1) In the case of �-Ean dog or cat vaccinated in accordance with the provisions of this subsection B, the dog or cat shall be handled as fol lows: (A) It shail be immediately revaccinated and confined in ��er enclosure_by the owner for a period of ninety (90) days foliowing vaccination; or (B) If the dog or cat is not immediately revaccinated, it shall be confined in strict isolation in a kennel fer s��-�o;-��,o�##�s-under tk�eveterinarv supervision e�. ��eEeFi:�a�ian.for a minimum of_six�6�_months. Before release of the dog or cat to its owner, it shall be vaccinated for rabies one �_month prior to its release. The_ re�c ister.ed_ owner of the doa or cat shall be resoonsible for the m aintenance costs durina the strict isolation. Sec. 13. Title 5, Chapter 4, Section 4, Subsection C, relating to dangerous dogs and potentially dangerous dogs. is amended to read as follows: C. Danqerous Doas and Potentially_Dangerous Dogs: 1. Adoption Of State Law: Minnesota s�a��#es-see#ieasStatutes�_Section 35.67 _-- - #hrough,and_including 35.69 and Sections 347.50 through and including 347.56, are hereby adopted-as-�i�� c��r;ia?!y °"" +�. Every provision contained in the foregoing sections is hereby adopted and made a part of this chapter by reference as if fully set forth herein. 2. Determination Of Potentialiy Dangerous Or Dangerous Dog: A city animal control officer or other law enforcement official shall be responsible for :`u�'_��g iUJ�\I C'� t55-�•t � determining whether a dog is a potentially dangerous dog or dangerous dog as �e€i�ed-�y-s�ate-4au�. 3. Notice Of Determination: Upon a determination by the animal control officer or other law enforcement official that a dog is potentially dangerous or dangerous, the city shall provide the owner with notice of the determination by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the determination, and shall inform the owner of the applicable obligations imposed by Minnesota s#a#�#es-�e,^�� n� Gn th.,, �� Ga ,� h �,-�-��h urr� in��d+n and this section. If the officer determines the dog to be dangerous, the notice shall also inform the owner of the owner's right to administratiye� appeal the determination. 4. �PtPrmination Of A Dangerous BsgsDog; Right To An Administrative Appeal: An owner may appeal a determination that aits dog is dangerous by filing a written request for a hearing to the city administrator within ten (10) days of the �� eeeip�oerso service of the �e#+eedanqerous doq determination. a. If �ea timely appeal is not filed, the owner of a dangerous dog must comply with the requirements set forth in this section and Minnesota sEaEutes �^^�,,�Statutes. Sections 347.50 through and including 347.56. b. If an owner files a timely appeal, a hearing shall be held within thirty (30) days after the city's receipt of the appeal. Pending the appeai, the owner shall cemply .:+�� ,.+„n �� „c+h � ��...;.securelv confine the doq within a p roper enclo sure_ 1�The city administrator shall assign a hearing examiner to hear the appeal. The hearing examiner may be a city employee, provided the employee �has not I�ave been involved in determining that the dog was potentially dangerous or dangerous. �During the hearing the Minnesota rules of evidence need not be strictly foliowed, and the records of the animal control officer or law enforcement officer shall be considered without further foundation, The hearina. where facilities qermit. wiil be tape_recorded. 3� After considering all of the evidence submitted, the hearing examiner shall make written findings of fact and reach a conclusion whether the dog is a dangerous dog. The findings and conclusions shall be made within ten (10) working days after the hearing and shall be thereafter personally served upon the owner or a person of suitable age at the residence of such owner. The decision of the hearing examiner shall be the final decision of the city. An aooeal of the hearinq_examiner's decision mav onlv_be__made by writ of certiorari to the Minne Co urt of Anoeals -'nl_'1� i �U11 C71i;= .1 c� i � � OGO as - - - - - a - - - .a a e - e a e - - - ' - - s. • a .a- - - s - - :sa s -- s s - - a e. - - - � e- - - a a• e s- e _ - '- - - - ' 's - -- .e - a e e • -- - e e a - - � ' - - s- s - -' - - - • � - - - - - -a - - e- e. s- - - ' e � - - e- - - •e e' - 5. Dana erou s Doa Rea istration No nerson_may_own a danaer doa unless the doq i reaistered with t Such reaistration w ill_be_issued_ to the owner of a danqerous doa after the owner sufficient evidence to the c�animal control auth that: a. A arop en closure exists for the dan gerous do and the premises are oosted with cleariv visible sian that includes a warnina svmbol of a danaerous dog the propertv. � b. The o wner has obtained_a suretv bond or qolicv of liability_ in the s um of at least �50.000 insurina the owner for anv nerson iniuries inflicted bv the danaerous_do� c. The owne has paid the a nnual danaerous doa rea istration fee in addition to the rea ular lir.ensina fee described in this chaqt a,� �i�; nunt e ris�-�a d. The owner has had microchiq identification. im�lanted_i_n_the danqerous dog The nam of the m icroch io manufactur an d identification number of the microchin mu be orovided to the anim contr authoritv. 6. Potentiailv Dan aerous Doa Requlation a potentiall �dan�erou.s. � must: a. Withi n__fourteen_ (14) days of receivinq a d that the doa is -- _.._... _ -- aotentiallv danaerous. have a microchin implanted in the doa for identification. and the name of the microchia manufacturer and identification num of the - _ ---- microchiq must be orovided to the animal_control_authorit _ b. When the potentially danaerous doq is outside. the ootentiallv danaerous dog must__be m uzzled and under the ohvsi cal.control_ and_restraint of a responsible __ __.: _ _ _ _° -- .-.—:— person. The muzzle must be made in a manner t hat will orevent the doq from bitina anv qerson or animal bu that will not cause iniurv to the do a or interfe with.its vision or resoiration. c. The own er of a ootentiallv danaerous doa must.annually_renew the reqistration of the dog until the do9 is deceased. If a potentiallv danaerous doa is transferred from anoth iurisdiction into the citv. it must be reaistered as a notentiallv danaerous doa in the cit� Sec. 14. Title 5, Chapter 4, Section 4, Subsection D, relating to maintaining multiple animals, is amended to read as foilows: D. Maintaining Multiple Animals: No more than a total of three (3) dogs and cats may be maintained at one�11 residence without first obtaining a multiple animal license from the city clerk. In no event shall more than a total of five (5) dogs and cats be maintained at one residence. Sec. 15. Title 5, Chapter 4, Section 4, relating to basic care, is amended by adding the following new subsection: F. Basic Care All animal n and comm ercial doa kennel operators sha orovi kind treatment sufficient shelter_ and sufficient food --- . .. ._-- - --- and water for the animals' comfort. All structures. enclosures. qens. and vards where animals are oermitted or ke must be maintained in a clean and — - -- - -- --- — -- .. sanitary_condition and animal waste must be removed on a reaular basis to keep the area free from obiectionable and.unsa.ni#arV feces_and_odors, Sec. 16. Title 5, Chapter 4, Section 5, Subsection B, relating to the removal of diseased animals from the city, is amended to read as follows: B. Removal Of f�a{�idDiseased Animals From City: It shall be uniawful and a misdemeanor to remove a rabic�diseased animal from the city without prior : ,nizi� � nu�i c�'t•;- � ] 0 consent of the animal control officer, except for treatment by a licensed veterinarian. Sec. 17. Title 5, Chapter 4, Section 6, relating to wild animals. is amended to read as follows: A. Wild Animals As Pets Prohibited: No person shall keep .,• ��,—«"m.°��e^� �{, ��..�;,, �.�h'.-h 'o ..,-,��„ ,. � ,�oro,, +„ ho a wild animal-�csep�€a� ;°""+° ^°�"'° °^�' "�m°+°�° The animal control officer or any licensed peace officer shall be empowered to immediately impound any wild animal found within the city, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the animal has been tamed or born and/or raised in captivity. B. Running At Large; Impoundment Costs To Owner: In the event city personnel are required to assist in capturing aaa wild animal, ^°—�-�ti� ;n �;.�",r,n �+e�rR �f +h � ��„+,,,, �n�h'nh that escapes or is allowed to run at large, the city shall charge the owner for all costs incurred and coilect s�e#un aid costs by civil means-i�not-pai�. Sec. 18. Title 5, Chapter 4, Section 7, relating to rabies suspects, is amended to read as follows: A. Dogs And Cats: 1. Unvaccinated Biting Dogs Or Cats: Any dog or cat not vaccinated in accordance with subsection 5-4-4B of this chapter, which has bitten any person and caused an abrasion or ounctu_re of the skin of such person, shall be seized and impounded under the supervision of a licensed veterinarian or a kennel approved by the animal control authoritv for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the dog or cat has no clinical signs of rabies, it may be released to the owner, or in the case of a stray, it shall be disposed of in accordance with applicable laws. The owner shall be responsible for impoundment� maintenance costs. and veterinarian fees for such animal. 2. Vaccinated Biting Dogs Or Cats: Any dog or cat vaccinated in accordance with subsection 5-4-4B of this chapter, which has bitten any person and caused an abrasion o ouncture of the skin, shall be confined by the owner or other responsible person as required by the d+ree�ar of ��a�lir sa�e#yanimal control authoritv_ for a period of ten (10) days, at which time the dog or cat shall be examined by an agent of the �' �^^+^� ^f ^"' ^°^'^+. control authoritv. If no signs of rabies are observed by the aaent of the authority, the dog or cat may be released from confinement. The owner shall be resoonsible for imnoundment. maintenance costs anrl vPtPrinarian fPPS f�r — -- _—> such animal. ;_'oL'h�ipUniCTlii?d � � If the animal ha s be inoculated with a live modified rabies vaccine and the owner has oroof of the vaccination bv a certificate from a licensed --- -- - veterinarian the owner mav confine the animal.to. a_proper enclosure on_ the owner's oroo ertv for the reauired ten (101 dav confinement neriod. B. Other Animals: Any other animal �lathat has bitten any person and caused an abrasion or auncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or kennel approved by the �+�ee��r ef ��"!ic s�f�-animal control �i�is+e� If, after a complete examination by a licensed veterinarian, the animal has no clinicai signs of rabies, evel-o€-Elae-at�ea�iNg--ph�s+s}a+� �+�Kei�er- fl##i�+al—+a—<h� u"��.. ,.f ., .,++�r,� .,,. .,�„� ,. .,., it may be released to the owner, or, in the case of a stray, it shall be disposed of in accordance with applicable laws. If the a#��ndin� Nhy° ^^^, ^� ^+"^� ^•^^^� e€fis+al—if—the�� is �� w;t°^��licensed veterinarian deems it necessary, the animal shall be euthanized and examined for rabies by the state department of health. The owner. if known. shall be resoonsible for imp oundmen t. mai ntenance. and destruction cos#s and veterinari fees for such anima Unclaimed animals will be d isoosed of o ursuant t section 5-4- --- - — 8D. -- _-_°. Sec. 19. Title 5, Chapter 4, Section 8, relating to the impoundment, seizure, and redemption procedures, is amended to read as follows: 5-4-8: IMPOUNDMENT. SEIZURE. AND REDEMPTION PROCEDURES: A. Authority To Impound: 1. On and after January 1 of each year, the animal control officer-e�-t#ie-eit�will pick up and impound any dog or cat found in the city without the tag provided for in subsection 5-4-4Aj5� of this chapter. 2. �eAn animal control officer .,f�*"��°��r will pick up and impound any domestic animals found running at large in the city. 3. An animal control officer will oick up and imaound anv do mestic an imals found _.. . . _ ----. _.._ to be habituallv barkina or cryinq as described._i Secti 5-4-3A nrovid th ere has been at least one other document incident for the same owner or the same animal durin�the six 6 months qrior. 4. An animal control officer will oick up any animal that is not being brovide with basic care as desc i n Section 5-4-4F. 5.._A anim control officer wi pick up and im pound anv animal that attacks another animal as described in Section 5-4-3D. :�oi'_lv� �U�� cTl;; ?a 1� 6. An animal contro off icer will pick up and imqound animal that is aresentina an imminent dana as des cribed in Section 5-4-3E. 7. An animal control officer will nick uo and imoound anv desian notentiallv or danaerous doa that has not been nroperly reaistered and licensed nursuant to the reauirements of this chapter_ B. Redemption Of Impounded Animals: Any animal may be redeemed from impound by the owner =� n+ho +„,o h�.� �a�+tiz-°„'��,'��'",�after payment to the city clerk of the license fee for the current year, if applicable, as well as impounding fees and a t�a+ly-maintenance #eecosts for each day the animal is confined +t�--#kte {��_b_Y the animal cont au thoritv and satisfaction of the additional requirements of this section. Imoound fees shall be determined by city council resolution from time to time. C. Release Of Impounded Animals: Upon the presentation of a current license tag and receipt for a dog or cat license for the current year at�d-#e�as well as the paym of the fees and,.. cos provided in subsection B of this section, the �epa+#+�#--o��,h�animal control author� shall release or cause to be released to any owner the dog or cat claimed.-F�pea-i rv.�� .,.,,, r ,,..�.,+,,,n „s � .,+ f,,. +h„ #ses-p�ev+de�i--�sr in �a�:,ecti�t-{�-of fh'c n+' +h., .J -,.+m�n+ r�f v, hi'.� �-..f t h II I�nc + h., �rn�-n-rv—v.. �.cy .T� 'urr �.o-.an�i n r�r+h� n .v�ni ��F�� A danaerous and ootentiai danaerous doq _shall nof be released untii the doa owner s atisfie s the re auirements of this chanter and Minnesota S tatutes. 2.. Where an animal has been seized due to a.laek of basic care or due to disease, the animal shall not be released to the owner until su rele ase is apqroved bv a licensed ve terinarian and the animal control authoritv_ D. Disposition Of Unclaimed Animals: Any ar�i�a' �^�""^" °^^+ ^�^ �^^^�a�-�ou+ded +n-s,�.n.^' ^^�r ^`�,-�,,,'" �-.�..�,ien �^�'�� animal will be disnosed of with ten (10) calendar days after impounding �4-be-d+��>ssed--e�in accordance with the contract in place with the �,��desiqnated pound facility. E,_ Pro cedure for Seizure o f.Animals when O wner is Not P F or anv of the circumstances described in Section 5-4-8. anv nolice officer or animal control officer mav enter upon private oropertv to seize.and impound an animal if: 1. The officer has made a_rea sonable attempt to contact the owner of the oropertv and those attemats have either failed or have been ianored and 2. The seizure will not involve the forced entrv into a nrivate residen U se of a _ — -- - - _— ------__: :. - pass key_ obtained from a oropertv manacler landlord innkeeper or other a��,1z��; ni�ntc� t,; �� 13 authorized nerson to have such kev shail not b e consid unauthorized or force entrv: and � I� Written notice of the seizure and i mooundment is left in a c onsqicuous F Saecial P rovisions For Seizure Confinement of Attackina Animals Anv animal that_ a.ttacks a p erson and such att results in an abrasion or auncture of the — _— , — ---_. victim's skin or._t where the victim requires_the services of a doctor the -_...:..-_.: - .. attackinq animal shall be confined oursuant to the followina orocedure 1. Confinement in citv oound. Anv _animal.t_hat has nnt haPn in�r.ulated hv a live m odified ra bies vaccine shall be confined in the c itv pound for a aeriod of not less t han ten (101 dav at t he exnense of the owne The animal mav be re leased at the end of su time if health� and free from svmotoms of rabies and upon the_pay.ment of all maintenance costs bv the owner: or 2. Alternative hosoital confinement. The o wner o f the ani ma v elect to voluntari�and immediatelv confine the animal for the reauired neriod of time in a veter inarv h osoital within Was hinaton Countv and nrovided immediate nroof of such confinement: or 3. H ome.Confinement. If the animal has been ino culated with a live modifi ° - -- -- rabies _vaccine and the owner has qroof of_the vaccination bv a certificate. from a licensed veterinarian. the owner mav confine the animal to the owner's nr ooertv within a brooer e nclosure. � Sec. 20. Title 5, Chapter 4, relating to animals, is amended by adding the following new sections: 5-4-9: D OF CE RTAIN ANIM An animal cont officer. police chief. hearina exa or citv council is authorize to. order the nroner and humane de�truc of anv animal upon a findin� tha#: 1. The __anim..al has habituailv__destroved propertv or habituallv tresnassed in a _- = °-- -- d amaaina manner o of pers than the owner or 2. The doa h as been desianated as danaerous the owne riaht to anneal - --- - — hereunder has been exhausted �r Pxoired and the owner has failed to comply with the oro visions of this Section� o the ow ner has voluntarilv waive d_its_ Ciqht_#o iudicial review and reauests that the do�be destroved: or ;�,>>i" �-i�nt�ris, �a 1-4 3 The doq inflicted substantial_or._great_ bodily har on a hu bein without provocation__and the owner of the doa has had the onnortunitv for a hea.ri_n�before_an imqartial decision maker: or 4. _.The owner of the anim has habitually demon strated an inabilitv o[ _-- :._ _ .. . . -- unwillinaness to control the animal and that lack of control results_in i_n..jury to — - --- - oersons or other animals or 5. The animal is so severelv in jured_or_sick_#hat it is sufferinq and it will_.not likely surv_ive_and t__he owner cannot be i mmediate iv locat_ed;_or 6. It is determined that the anim is infected with r abies: or 7. The animal oresents an imminent dana to the heaith and safetv of anv �on. or the animai is the brocess of attackina anv aerson. 5-4-10: INTERFERENCE WITH OFF ICERS No nerson shall i a nv manner hinder or interfere with anv person authorized bv the cit council to discharae his or her d uties un der this se ction. 5-4-1 CONCEALWG ANIMALS No oerson__may harbor_hide conceal or refuse to oroduce to an animal__control officer or oolice officer an animal that has been ordered into custodv. 5-4-12: PUBLIC NOTIFICATION For the auraoses of oub n otification a nd oublic s afetv. the Citv mav o ost a list of botentiallv danaerous doas and danaerous_do�s_ official Citv Internet site. - -- - — Sec. 21. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this _th day of February, 2008. Sandra Shiely, Mayor Attest: Ryan R. Schroeder, Acting City Clerk ,,�,i,i�; �i�nic'ri;s.,.i l� Pubiished in the South Washington Counfy Bulletin on [Date]. a��,i,��; �-l��rr�;;_,a 16