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HomeMy WebLinkAbout10A - Dogs & Cats CITY COUNCIL AGENDA REPORT MARCH 15,2004 lOA BILL O'ROURKE, CHIEF OF POLICE AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE PRIOR LAKE CITY CODE RELATING TO DOGS AND CATS. DISCUSSION: Historv: The City staff and City Attorney are engaged in an on- going effort to update the City Code. The Dog and Cat Chapter of the Ordinance is the most recent example. ISSUES: Current Circumstances: The revisions to the ordinance proposed in this agenda item will improve the City's consistency with the State Statute provisions for dealing with potentially dangerous and dangerous dogs. The revisions will also streamline the process for administering the provisions of the ordinance. The following issues should be considered by the Council in determining whether to adopt the revised Dog and Cat Ordinance. 1. Cats included in Tagging. The existing ordinance does not require that a tag be affixed to the collar of a cat. The revised ordinance will require such tagging. 2. Determination of Potentially Dangerous and Dangerous Dogs. The existing ordinance places the responsibility for determining if a dog is potentially dangerous or dangerous with the City Manager. If after receiving a notice that such a determination is to be made, the owner has 10 days to request a hearing before the City Manager. If no such hearing is requested, the City Manager shall make such order as deemed proper. The proposed ordinance authorizes the responding law enforcement official to apply the Statutory definition of potentially dangerous or dangerous as appropriate to the dog. The law enforcement official will send notice of such determination to the dog's owner. Such notice will include any restrictions on the dog and the owners right to, within 10 days, request a hearing 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER regarding the determination. In the case of a determination of a potentially dangerous dog the hearing would be before the Police Chief. In the case of a determination of a dangerous dog the hearing would be with the City Manager. 3. Restrictions of Potentially Dangerous Dogs. The current ordinance makes the ownership of potentially dangerous dogs subject to all of the following regulations - Registration, Leased and Muzzled, confinement (indoors and outdoors), signs, and insurance. All of these are by State Law applicable to dangerous dogs and may be applied by cities to potentially dangerous dogs. The proposed ordinance allows flexibility in assigning any or all of the same restrictions to potentially dangerous dogs as deemed necessary and appropriate for the circumstances surrounding the incident that led to such a determination. The new language also incorporated the statutory requirement of having a microchip implanted in the dog for identification. 4. Restrictions on Dangerous Dogs. As currently written, our ordinance does not allow for keeping a dangerous dog in the city. Such animals had to either be removed from the city or euthanized. The revised ordinance would make Prior Lake's policy consistent with State Law; the ownership or keeping of a dangerous dog in Prior Lake could only happen if all the restrictions on such animals were adhered to. These restrictions are: a microchip is required; there must be proper enclosures for the animal; the dog must be leashed and muzzled when outside of the enclosure; signs must be displayed warning of the presence of such an animal; the owner must have a surety bond; there must be a certificate of registration and an annual registration fee; the dog must have a special tag affixed to the collar; and, notice must be given to a landlord. FINANCIAL IMP ACT: There is no fiscal impact associated with these revisions. ALTERNATIVES: (1) Adopt Ordinance 04-XX as proposed, or with amendments the Council deems appropriate. (2) Take no action and provide staff with direction. RECOMMENDED MOTION: new ordinance to be effective upon REVIEWED BY: SUBSECTIONS: 802.100: 802.200 : 802.300: 802.400: 802.500: 802.600: 802.700: 802.800: 802.900: 802.1000 : 802.1100: 802.1200: 802.1300: 802.1400 : 802.1500 : 802.1600: 802.1700 : 802.1800: 802.1900 : 802.2000: SECTION 802 DOGS AND CATS STATE STATUTES ADoPTED LICENSE REQUIRED LICENSE FEES: EXPIRATION ISSUE LICENSE: TAG LOST, COUNTERFEIT TAGS KENNELS: LICENSE REQUIRED LIMITATION ON NUMBER OF DOGS OR CATS - KENNEL LICENSE REQUIRED ANIMAL CONTROL FACILITY BITES AND RABIES UNLAWFUL ACTS NUISANCE IMPOUNDMENT AND NOTICE IMPOUNDMENT RECORDS RECLAIMING DOGS OR CATS BREAK OPEN A~IMAL CONTROL FACILITY INTERFERENCE WITH OFFICER - BREAKING POUND OR VEHICLE POTENTIALLY DANGEROUS DOGS: DANGEROUS DOG RESTRICTIONS ON POTENTIALLY DANGEROUS DOGS DESTRUCTION OR REMCYlAL OF RESTRICTIONS ON DANGEROUS DOGS SEIZURE OF DANGEROUS DOGS AT LARGE ExEMPTION FROM PROVISIONS PENALTY PURPOSE: 802.100: 802.200 : The City recognizes that pets are an important part of many families. There is ::l need for 3n ordin3nce to be ::ldopted for the purpose of protecting tIhe health, safety, and welfare of the citizens of the City and pets living in the City reauires the City to reaulate the ownershio and keeoina of doas and cats. The purpose of this Section is to balance the needs of pot owners with the needs of citizens 'NOO ::lfe not pet O\\{neffi. Additionally, the licensing of pets contained herein is intended to provide a mechanism for the return of lost pets to their rightful owners. STATE STATUTES ADOPTED: The provisions of Minnesota Statutes Sections 35.67, 35.68~ aAG-35.69, 347.50 throuah 347.55 and Chaoter 343. as amended, are hereby adopted by reference and are incorporated in and made part of this Section ::lS completely as if the same were set out in full. The Minnesota Rules soecificallv oertainina to these statutes are also adooted. LICENSE REQUIRED: No person shall keep any dog or cat over 3 months of age within the City without securing a license from the City. The City Manager shall keep a record of all licenses issues. (1 ) Neutered or Soaved Doas or Cats. The license fee for non-neutered or non-spayed dogs or cats will be higher than that for spayed/neutered dogs or cats. In order to be eligible for the lower license fee, the City Manager or the Manager's designee must be presented with a certificate from a veterinarian showing the dog or cat has been spayed/neutered and the date of the procedure. (2) Vaccination Reauired. Every dog and cat shall be vaccinated against rabies. Every application for a new or renewal license shall be accompanied by a certificate of vaccination from a veterinarian indicating the dog or cat has been vaccinated to protect it from rabies during the term of the license. 802.300: LICENSE FEES: EXPIRATION: A license is issued for two (2) consecutive years. The bi- annual license fee for male dogs or cats, neutered male dogs or cats, spayed female dogs or cats or unspayed female dogs or cats shall be set annually by resolution of the City Council. All licenses shall expire on December 31st of the second year following its issuance. The City Manager shall publish a notice of the necessity of obtaining a license to be printed in the official newspaper of the City one time each year before October 1 st. Failure to publish notice shall not in any way invalidate any provisions of this Chapter. License fees shall not be prorated. 802.400 ISSUE LICENSE: TAG: Upon payment of the license fee and proof of vaccination, the City Manager. or desianee. shall issue both a receipt and a suitable metallic tag to the applicant. The applicant shall affix the tag by a permanent metal fastening to the collar of the dog....Q[ cat in is-such a manner that the tag may be easily seen. 802.500: LOST, COUNTERFEIT TAGS: Dog or cat tags shall not be transferable and no refunds shall be made of any license fees. Upon presentation of a license receipt for the current year, and payment of a duplicate dog or cat fee, a duplicate dog or cat tag may be issued by the City Manager if the original dog or cat tag is lost. The fee for obtaining a duplicate tag shall be $5.00. It shall be unlawful to counterfeit or attempt to counterfeit a license tag, or to take a legally placed license tag from any dog or cat and place said tag upon another dog or cat. 802.600: KENNELS: LICENSE REQUIRED LIMITATION ON NUMBER OF DOGS OR CATS - KENNEL LICENSE REQUIRED: No person shall maintain, 'Nithin tho City, ::l d\~:elling unit, ::lS defined in tho Zoning Codo, 'tJhero more than 3 dogs or cats or combination thereof in a dwellina unit. as defined in the Zonina Code ::lro kopt without securing a kennel license from the City Manager. The fee for said license shall be determined ::It tho discretion of ~the City Council and adooted bv the City Council as oart of the annual fee schedule. 802.700: ANIMAL CONTROL FACILITY: The City Manager or designee shall designate an Animal Control Officer.:. ',.'.410 shall The City Council may contract for animal control services with a qualified animal control facility. Additionally, the City Manager or other authorized City official may make arrangements with local veterinarians, kennels or humane societies for the care and custody of dog or cats as may be deemed necessary. 802.800: BITES AND RABIES: 802.801 Bites. It shall be the duty of every person having knowledge of a bite by any dog or cat which occurred within the City to report the same to the Prior Lake Police Department as soon as practical after the bite occurs. This report shall include a description of the dog or cat, the address of the owner of the dog or cat if known, and, if known, the name, address and age of any person injured. 802.802 ImDoundment. Any dog or cat which has bitten a person may be immediately seized whether on or off the owner's premises and quarantined for a period of at least 10 days. Where no current rabies vaccination of the do or cat can be proven or upon written demand by the bite victim to the City Animal Control Officer, the dog or cat shall be impounded at the City animal control facility. The owner shall be responsible for the impoundment costs and shall make arrangements in advance for the payment of these costs. (1) Impoundment at City Facility. In the case of a dog or cat with no known owner, the dog or cat shall be Quarantined in the City Animal Control Facility. If no owner can be identified, the dog or cat shall be treated as an unclaimed dog or cat and kept at the City Animal Control Facility as set forth in subsection 802.1302. (2) Impoundment at Owner Selected Facility. The owner may provide impoundment at a City approved animal kennel or veterinarian, provided that until such provisions is- are made, the dog or cat shall be impounded in the City Animal Control Facility. The owner shall notify the Animal Control Officer and shall furnish written certification that the dog or cat is being impoundod auarantined in a City aooroved kennel. For the purposes of this Section, an approved animal kennel shall mean a kennel within or outside the City limits that is approved by the City or the Animal Control Oefficer or a kennel that has entered into an agreement with the City to keep dogs or cats in a manner consistent with this and all other ordinances of the City. Upon expiration of the required 10 days, if the dog or cat does not have any symptoms of rabies, it may be released to the owner after a licensed veterinarian has examined the dog or cat and has agreed to the release. (3) Euthanasia. In accordance with sState sStatute and State Rule reaardina imooundment and euthanizina an animal, if the veterinarian at the City Animal Control Facility deems it necessary, the dog or cat shall be subject to euthanasia by injection. The City may have an autopsy performed on any dead dog or cat or on any dog or cat euthanized while impounded to determine if it was diseased. 802.900: UNLAWFUL ACTS: 802.901 All Doas and Cats Must Be Leashed. It shall be unlawful for any owner or keeper of a dog or cat to walk said dog or cat without the dog or cat being leashed. 802.902 Runnina At Larae. No dog or cat shall run at large within the limits of the City. The term "run at large" shall mean going on or about the public streets, alleys, publiC parks, school grounds or other publiC places, or on any private premises (except the premises of the owner or keeper of said dog or cat), without the owner's permission, unless said dog or cat is effectively restrained by a chain or leash. 802.903 Waste Removal. It shall be unlawful for any owner or keeper of a dog or cat to permit solid wastes of the dog or cat to accumulate on the owner's or keeper's premises or more than 24 hours. Solid wastes from the dog or cat must be immediately removed from public property or private property of another and disposed of in a trash container. 802.1000: NUISANCE: 802.1001 Owner Resoonsibilitv. It shall be the responsibility of the owner or keeper of any dog or cat in the City, whether permanently or temporarily therein, to prevent such dog or cat from committing any act which constitutes a nuisance. It shall be considered a nuisance for any owner or keeper of a dog or cat to allow a dog or cat to habitually or frequently bark, cry, meow or whimper, to frequent school grounds, parks or other public areas while unrestrained; to chase vehicles; to fight with other dogs or cats; to chase and kill birds; to molest, defile, destroy any public or private property; or to leave excrement on any property, public or private. Exceot that. excrement that is immediatelv removed and disoosed of in a trash container shall not constitute a oublic nuisance. 802.1002 ImDoundment For Nuisance. The Animal Control Officer or a City pOlice officer may issue a citation to the property owner and the owner of any dog or cat which has been permitted to habitually bark, cry, meow, whimper, howl, whine or emit any other loud or unusual noise. Whenever the owner of such dog or cat cannot be immediately located or who has failed, upon order by the Animal Control Officer or pOlice officer, to prevent such dog or cat from making such noises, the Animal Control Officer or police officer may seize, impound or restrain the dog or cat. 802.1003 Interference With Animal Control Officer. It is unlawful for the owner ef- or keeper of a dog or cat to interfere with any pOlice officer, Animal Control Officer or other authorized City employee in the performance of hislher duty to enforce this Section. 802.1004 Common La-II Nuisance. Nothing in this soction is intonded to limit the City or ::lny individual from procoeding undor 3ny common low nuiS:Jnco theory. 802.1004 Common Law Nuisance. Nothina in this section is intended to limit the City or any individual from oroceedina under any common law nuisance theory. 802.1100: IMPOUNDMENT AND NOTICE: 802.1101 Imooundment: Time of Keeoina. The City Animal Control Officer or designee may pick up and impound in the designated City Animal Control Facility any dog or cat that commits any act constituting a nuisance or other violation of this Section. 802.1102 Notice of ImDoundment. Immediately upon the impounding of any dog or cat wearing a current license, the City Manager or designee shall m3ko ::l rooson::lblo offort orovide written notice to ootify-the owner of such dog or cat of St::f6A- its impoundment and the conditions whoroby tho ownor may aoolicable to rogoin reaainina custody of the dog or cat. Any oral notices shall immediately be confirmed in writing. In tho instanco of in'/::llid or oxpirod liconses If the animal does not have a valid license or the license is exoired the City Manager or designee shall make a reasonable effort to notify the last known owner of such dog or cat of such impoundment. 802.1103 Method of Providina Notice: The City must give notice of the impoundment of a doa or cat by delivering or mailing a notice to the person whose name appears on the license application of the dog or cat or by posting a copy of the notice at the residence of the owner stated on the license application or by delivering the notice to a person residing on the property, and telephoning, if possible. The notice must include: (1) A description of the dog or cat seized; the authority and purpose for the seizure; the time, place and circumstances under which the dog or cat was seized; and the location, address, telephone number and contact person where the dog or cat is being kept. (2) A statement that a person claiming an interest in the dog or cat may post security to prevent sale or euthanasia of the dog or cat and may request a hearing concerning the seizure or impoundment and that failure to do so within 10 days of the date of the notice will result in the dog or cat being considered unclaimed and subject to the provisions of subsection 802.1302. (3) A statement that all actual costs of the care, keeping and disposal of the dog or cat are the responsibility of the person claiming an interest in the dog or cat, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified bylaw. (4) A statement that a person claiming an interest in the dog or cat may request a hearing under this subdivision by submitting a written request to the City Manager within the 910- day period. 802.1104 ImDoundment of Inhumanelv Treated Doas or Cats. Pursuant to authority provided in stlto stltutes Minnesota Statute, Chaoter 343. the City may seize dogs or cats which are being cruelly or inhumanely treated. All dogs or C:Jts soiz.od by tho City or its /\nimal Control Officor for cruol or inhum3no trootmont must be hold for rodemption by tho ownor 3S set forth in subsoction 802.1300 unloss, due to tho condition of tho dog or C:Jt, 3 votorin::lrion ::luthorizes euthonosi::l. The owner of the animal must be immediately notified. The animal may be retumed to its owner if the confiscatina authority or an animal humane society reasonably believes the animal will not be treated cruelly or inhumanely. Prior to retumina the animal to its owner. the animal may be treated by a veterinarian and/or oermitted to rooain its strenath. The owner shall be resoonsible for any cost incurred for such treatment. Uoon orooer determination by a doctor of veterinary medicine. any animal taken into custody as a result of an investiaation for cruelty. may be immediately disoosed of. as authorized in Minnesota Statute Section 343.22. when the animal is sufferina and is beyond cure throuah reasonable care and treatment. 802.1105 ExceDtions to ImDoundment. Dogs or cats may be immediately euthanized if a licensed veterinarian determines (1) a dog or cat is diseased, vicious, rabid or exposed to rabies and cannot be impounded after a reasonable effort or without serious risk to the person attempting to impound or others, or (2) upon determination that the dog or cat is suffering and is beyond cure through reasonable care and treatment. 802.1109 Lenath of ImDoundment. All dogs or cats seized by or on behalf of the City must be held for redemption by the owner for at least a _5-consecutive days, not including days the 8animal C60ntrol Efacility is closed. 802.1200: IMPOUNDMENT RECORDS: The City Animal Control Facility must maintain the following records of the dogs and cats in custody, and preserve the records for at least six months: ~ The description of the dog or cat by species, breed, sex, approximate age, and other distinguishing traits; ~ The location at which the dog or cat was seized; ~ The date of seizure; ~ The name and address of the person from whom any dog or cat three months of age or over was received; and ~ The name and address of the person to whom any dog or cat three months of age or over was released. The records must be in a easily readable form and open to the publiC for insoection during "-,--~""""-""--"---",~-~""~--,,,,,,_~,_.,,,,,,~_~,~,w<"'~'_400~~_._~_...,..,........_,.,.._".~_. ._...,~.."~.c~""'~"'"..............~,,~'"~_~~"...,... ,..~^'.._~'^'_~_v~-"-- regular business hours. 802.1300: RECLAIMING DOGS AND CATS: 802.1301 Reclaimina ImDounded Doas and Cats. Before reclaiming a dog or cat, the owner shall pay an impounding fee as established by the City Council, plus the cost to the City of keeping the dog or cat in the Animal Control Facility. 802.1302 Unclaimed Doas or Cats. At the end of the a~day period described in subsection 802.1103(2) herein, all dogs or cats which remain unclaimed may be given to the Humane Society or an animal rescue organization, or it may be sold to any person. If any dog or cat is not reclaimed, released to the Humane Society or animal rescue organization, or sold, then it may be euthanized by injection. 802.1303 Reclaimed Doas and Cats. If an impounded dog or cat requires a City license, such license shall be obtained before the dog or cat is released. If the dog or cat requires a vaccination as a condition of the license, the animal may be released upon payment of a $100 refundable deposit. The deposit shall be refunded upon the presentation to the City of proof of vaccination and issuance of a license. Failure to provide proof of vaccination and licensure within 20 days shall constitute a forfeiture of the deposit and shall subject the animal to impoundment. 802.1304 Treatment. Any dog or cat which is impounded in the City Animal Control facility shall be kept with kind treatment and sufficient food, water and shelter for the dog or cat's comfort, in accordance with the laws of the State of Minnesota. 802.1400: BREAK OPEN ANIMAL CONTROL FACILITY INTERFERENCE WITH OFFICER - BREAKING POUND OR VEHICLE: It shall be unlawful for any unauthorized person to break open the City Animal Control Facility, or attempt to do so, or to take or let out any dogs or cats there Jrom or to take or attempt to take from any officer or other designated City official, any dog or cat taken up by him/her in compliance with this Section, or in any manner to interfere with or hinder such officer in the discharge of hislher duties under this Section. 802.1500: POTENTIALLY DANGEROUS DOGS: DANGEROUS DOGS: In addition to the provisions set forth in subsection 802.1500 through 802.2000, Minnesota Statutes Sections 347.50 through 347.55 are incorporated herein by reference. To the extent these State Statutes are inconsistent with the provisions of subsections 802.1500 through 802.2000, the provisions of this Section shall apply. 802.1501 For the purposes of this subsection the following definitions shall apply. Potentially Dangerous Dog: A potentially dangerous dog is- means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on publiC or private property; (2) when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety or humans or domestic animals. Dangerous Dog: A dangerous dog is- means any dog that has: (1) witil- without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 802.1502 Determination of Potentiallv Danaerous or Danaerous Classification. (1) Notice. 1\ City J\nimal Control Officor or othor low onforcomont officer m:JY roport to tho City Man~gor \&Jho sh~1I then determino \vhether ~ dog is potenti~lIy d~ngerous or dangorous. Upon 0 detormination by tho City Man:Jgor th:Jt :J dog is potontially dangorous or dangorous pursuant to Minnesota Statutes, tho City Man:Jger sh:J1I provido :J Notice of Potonti:Jlly Dangerous Dog or Dangorous Dog to tho o'....nor by personally sorving tho CYNnor or porson of suitable ago 3t tho rosidonco of the CYwVnor. Tho notico sholl doscribe tho dog, tho n:Jturo of tho cl:JssifiC3tion, :Jnd idontify tho officer \vho made tho invostigation or dotormin:Jtion. tho notice Sh311 31so stoto tho owner's right, within 10 days, to roquost 3 hearing before the City M:Jn:Jgor for :J dotormination :JS to the dangerous or potontially dangorous naturo of tho dog 3nd disposition of tho sarno. If tho CYlmer doos not roquost :J hearing within 10 days of said notice, tho City M:Jnagor sholl mako such order:Js tho City Man3ger dooms propor. Potentiallv Dangerous Dog. A City law enforcement official may declare a doo to be ootentially danaerous. if he/she believes. based uoon their orofessional iudament. that the doo meets the criteria in 802.1501. Dangerous Doa. The Police Chief may declare a danaerous doo as defined in 80.1501. (2) Hearing Notice of Determination. If tho Qt.\fner requosts :J hearing for dotormination :JS to tho potentially d3ngorous or dangorous n:Jture of tho dog, tho hearing shall bo hold before tho City M3nager :Jt :J dato not moro than 3 'NOOks :Jftor tho City rocoivos :J '#fitton domand for said hearing. Tho rocords of the :Jnim:J1 Control Officor shall be :Jdmissiblo for considor:ltion without furthor found:Jtion. J\ftor considoring :JII ovidonce, tho City M:Jn3gor shall m:Jko :J determination b:Jsod upon his or hor judgmont :JS to whether or not tho dog is found to bo potenti:Jlly dangorous or dangorous 3nd the City M:Jnagor shall mako such order as tho City Manager dooms proper consistent '::ith state la'.&.'. Such order may include but is not limited to: tho thlnsfor of tho dog to 3nothor facility outside tho City limits, rostricting tho dog's :Jctivitios, outh3nasia of the dog; and roimbursomont by tho o'tJnor of tho rooson:Jble costs of tempor:lry impoundmont ~nd tr:lnsportltion of tho dog. Uoon a determination by a City law enforcement official that a doa is ootentially danaerous or danaerous oursuant to Minnesota State Statute or Section 802.1501 of this Code. the City shall orovide a Notice of Potentially Danaerous/Danaerous Dca to the owner of record. or if none. any owner of such doa by servina. either oersonally or by certified mail. the owner or a oerson of suitable aae at the residence of such owner. The notice shall include the followina: (a) A descriotion of the doa deemed to be ootentially danaerous or danaerous: (b) The factual basis for the determination; (c) The identity of the officer who has made the determination; (d) A descriotion of any restrictions on the doa as oer 802.1600 or 802.1700; (e) A statement as to the owner's riaht. within 10 days. to reauest a hearina reaardina the determination. In the case of a determination of a ootentially danaerous doo. the hearina would be before the Police Chief. In the case of a determination of a danaerous doa. the hearina would be with the City manaaer. and. (f) The criminal oenalties for violation of the reauirements oertainina to ootentially danaerous and danaerous doos. (3) Aooeal Hearing. If the owner reauests a hearina to challenae the determination that a doo is potentially danaerous or danaerous. the hearina shall be before the Police Chief if the doa was determined to be ootentiallv danaerous bv a City Law Enforcement Officer or before the City Manaaer if the Police Chief has declared the doo danaerous. An aooeal bv the owner of a doo that has been declared potentiallv danoerous or danaerous must be held not more than 3 weeks after the City receives a written demand for said hearina. The records of the Animal Control Officer or other law enforcement official shall be admissible for consideration. After considerina all of the evidence. the Police Chief. if for potentiallv danaerous doos. or the City Manaaer. if for danaerous doos. shall make a determination based upon his or her iudoment as to whether or not the doo is potentiallv danaerous or danaerous. The Police Chief or City Manaaer shall make such order as they deem orooer. consistent with State law and this Section. Such order may include restrictina the doo's activities. reimbursement bv the owner of the reasonable costs of temoorarv impoundment and transoortation of the doa. and euthanasia of a danaerous doa. 802.1600: RESTRICTIONS ON POTENTIALLY DANGEROUS DOGS: .^.I1 potonti311y dongorous dogs must bo registored '....ith tho Prior l:Jko Police Dop:Jrtmont '.vithin 60 days :Jftor tho offectivo d3to of this subsoction. Ownership of potentially dangerous dogs, including guard or attack dogs, that meet the definition of potentially dangerous dogs, within the City, with the exception of ownership by a public law enforcement agency, is subject to any or all of the following regul3tions. restrictions. as determined bv the law enforcement official determinina the classification of the doa. 802.1601 ReGistration MicrochiD. Potontially dangorous dogs must bo registorod on forms providod by tho City Mon3gor, including 3 description of such dog, :Jnd gi'Jing tho :Jddross of tho promises whoro tho dog will bo kopt within tho City ond tho nomos, :Jddrossos :Jnd tolophono numbers of tho o\\'nor 3nd h3ndlor. Pursuant to Minnesota Statute 347.515. the owner of a ootentially danaerous doa must have a microchio imolanted in the doa for identification. and the name of the microchip manufacturer and identification number of the microchio must be orovided to the animal control authority. If the microchio is not imolanted bv the owner. it may be imolanted bv the animal control authority. In either case. all costs related to ourchase and imolantation of the microchio must be borne bv the doo's owner. 802.1602 Leash and Muzzle. No person shall permit a potentially dangerous dog to go outsido its konnol or pon off the owner's orooerty unless such dog is securely leashed with a leash no longer than four feet (4') in length and muzzled bv a muzzlina device sufficient to orevent such doa from bitina persons or other animals. No person sholl pormit 0 potontiolly dangorous dog to bo kopt on 3 ch3in, ropo or othor typo of leash outsido its konnol or pon unless:J porson is in physiC:J1 control of tho leash. A person must be in ohvsical control of the leash at all times when such an animal is off the owner's orooertv. Such dogs m:JY not bo leashed to in3nim:Jto objocts such 3S troos, pots, buildings 3nd the like. In :Jddition, 311 potentially dangerous dogs on :J leash outsido tho dog's kennol or pon must bo muzzlod by :J muzzling dovico sufficiont to provent such dog from biting pOffions or othor 3nimals. 802.1603 Confinement. All potentially dangerous dogs shall be securely confined indoors or outdoors in a securely enclosed and locked pen or kennel, except when leashed and muzzled as obo'le provided in 802.1602. Such pen, kennel or structure must have secure ~ides and a secure top attached to the sides. All structures used to confine potentially dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet (2'). All structures erected to house potentially dangerous dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. 802.1604 Confinement Indoors. No potentially dangerous dog may be kept on a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which screen door or window screens are the only obstacles that prevent the dog from exiting. 802.1605 Sians. AU-eOwners of potentially dangerous dogs within the City, within 30 d:ly.5 of the efk>cti'.~ dato of this subsection, shall post, in a conspicuous place on the premises containing such dog, a sign not less than twelve inches by twelve inches (12" x 12") booring tho legend, "BO'Nare Potontially D:Jngorous Dog on Promises" including :J 'Naming symbol to inform children. Bearina the leaend. "Beware Potentially Danaerous Dca on Premises". includina a wamina symbol to infonn children. /\lso included on tIhe sign shall also include be--a telephone number indiC:Jting where the handler of the dog can be reached. tA 3ddition, :J A similar sign is required to be posted on the kennel or pen of such animal. 802.1606 Insurance. All CY.VflOFE of potenti:Jlly dangorous dogs must, within 60 days of the effoctive dato of this subsoction, pro'Ado proof to tho City M:Jn:Jgor of li:Jbility insuhlnco naming the City :JS :In 3ddition:J1 insurod in :J singlo incidont 3mount of fifty thouS3nd dollaFE ($50,000) for bodily injury to or death of :Jny porson or pOFEons or for damago to property CYMlod by :Jny pOFEons \vhich may rosult from the o':JnoFEhip, kooping or maintonanco or such 3nim31. Notice of Relocation. The owner of any Dotentially danaerous dca must Drovide the City with written notice of any relocation of the dca from its current residence. Drovidina any new owner's full name. address. daytime and evenina teleDhone numbers and the relocation address within ten (10) days of any such relocation or new ownershiD. 802.1607 It shall be unlawful for the owner of a potentially dangerous dog to fail to comply with the requirements and conditions set forth in this subsection. Any dog found to be the subject of a violation of this subsection shall be subject to immediate seizure and impoundment in accordance with subsection 802.1200. Failure to comply will result in the revocation of the license of such animal requiring immediate removal of the animal from the City. In addition, a misdemeanor citation may be issued to the registered owner of the dog or its keeper pursuant to subsection 802.2000. 802.1700: DESTRUCTION OR REMOVAL OF RESTRICTIONS ON DANGEROUS DOGS: I\fter the ownor of :J dog is gi'/on notico and on opportunity for 0 hearing os providod in this subsection, tho City M:Jn3gor is :Juthorizod to order the dog be: (1) continued to be doclared 3 potontially d3ngorous dog, \\'ith 3ppropriato restrictions, (2) romovod from tho City, or (3) outh:Jnized. Tho City Man:Jgor or his design:Jtod offici:J1 shall bko tho dog into custody if outh3n:Jsia is ordored, in \vhich C:Jso tho ownor sh:J1I immodiatoly m:Jke the dog :J'J3i1:lblo to tho City M:lnngor or his dosignatod offici:J!. No Derson may own or keeD a danaerous doo in the City without adherina to all of the followina restrictions. 802.1701 MicrochiD. Pursuant to Minnesota Statute 347.515. the owner of a danaerous doo must have a microchiD imDlanted in the dca for identification. and the name of the microchiD manufacturer and identification number of the microchiD must be provided to the animal control authority. If the microchip is not implanted by the owner. it may be imDlanted bv the animal control authority. In either case. all costs related to Durchase and imDlanation of the microchiD must be borne bY the doo's owner. 802.1702 Prooer Enclosure. An owner of a danaerous doo shall keeD the doo. while on the owner's DroDertv. in a DrODer enclosure. "ProDer enclosure" means securely confined indoors or in a securely enclosed and locked Den or structure suitable to Drevent the animal from escaDina and Drovidina Drotection from the elements for the dca. A DroDer enclosure does not include a Dorch. Datio. or any Dart of a house. aaraae. or other structure that would 802.1703 802.1704 802.1705 802.1706 802.1707 802.1708 802.1709 allow the doa to exit of its own volition. or any house or structure in which windows are ooen or in which door or window screens are the onlv obstacles that orevent the doa from exitina. Leash and Muzzle. If a danaerous doo is outside the DroDer enclosure. the doo must be muzzled and restrained bv a substantial chain or leash and under the ohvsical restraint of a responsible person. The muzzle must be made in a manner that will prevent the doa from bitina any oerson or animal but that will not cause iniury to the doo or interfere with its vision or resoiration. Sians. Owners of danaerous doos shall oost. in a consoicuous Dlace on the Dremises containina such doo. a sian not less than twelve inches bv twelve inches (12" x 12") wamina of the Dresence of such doa. This sian must include a wamina svmbol to infonn children. Also included on the sian shall be a telephone number indicatina where the handler of the doo can be reached. A similar sian is reauired to be oosted on the kennel or Den of such animal. Surety Bond. A surety bond issued bv a surety comoanv authorized to conduct business in this state in a fonn acceotable to the animal control authority in the sum of at least $50.000. oavable to any oerson iniured bv the danaerous doo. or a oolicv of Iiabilitv insurance issued bv an insurance comDanv authorized to conduct business in this state in the amount of at least $50.000. insurina the owner for any personal iniuries inflicted bv the danaerous doa. Certificate of Reaistration and Annual Fee. The City shall issue a certificate of rooistration to the owner of a danaerous doa only after all the restrictions Dertainina to danaerous doos are comDlied with and after the owner has oaid an annual fee. which is in addition to any rooular doa Iicensina fees. The annual fee shall be determined bv the City Council and adoDted bv the Council as Dart of the annual fee schedule. An owner of a danaerous doa must renew the rooistration of the doa annuallv until the doa is deceased or the danaerous doa desianation is rescinded as per Minnesota State Statute 347.51 Subd. 3a. If the doa is removed from the City. it must be reaistered as a danaerous doa in its new iurisdiction. Taa. A danaerous doo rooistered under this section must have a standardized. easilv identifiable taa identifyina the doo as danaerous and containina the uniform danaerous doo svmbol. affixed to the doa's collar at all times. Death or Transfer of Danaerous Doa. An owner of a danaerous doo must notify the animal control authority in writina of the death of the doo or its transfer to a new iurisdiction within 30 days of the death or transfer. and must. if reauested bv the animal control authority. execute an affidavit under oath settina forth either the circumstances of the doo's death and disDosition or the comDlete name. address. and teleohone number of the Derson to whom the doo has been transferred. A oerson who sells a danaerous doa must notify the Durchaser that the animal control authority has identified the doo as danaerous. The seller must also notify the animal control authority in writina of the sale and orovide the animal control authority with the new owner's name. address. and teleohone number. Notice to Landlords. A oerson who owns a danaerous doa and who rents Drooertv from another where the doo will reside must disclose to the oroDertv owner Drior to enterina the lease aareement and at the time of any lease renewal that the oerson owns a danaerous doa that will reside at the DroDertv. 802.1800: DA.~GEROUS DOGS AT lARGE SEIZURE OF DANGEROUS DOGS: ,A. dangorous dog running :Jt lorgo sh:J1I be :Jpprohondod by tho ,A.nim:J1 Control Officor 3nd if tho dog bror:s no idontifiCltion which roason3bly rovools its o,.\tnorship, the Anim31 Control Officor Sh311 impound the dog until the QU3f3ntino period is completed. If the dog has not boon claimed, it sh:J1I bo outhanizod at tho ond of tho quaF3ntino poriod. If tho dog is claimod, tho City M:Jn:Jgor sh:J1I proceod :JS in subsoction 1102.1600. The animal control authority shall immediately seize any danaerous doa if: (1) After 14 days after the owner has received notice that the doa is danaerous. the doo is not validly rooistered; (2) After 14 days after the owner has received notice that the doa is danaerous. the owner does not secure the Drooer liability insurance or surety coveraae; (3) The doo is not maintained in the Drooer enclosure; or (4) The doa is outside the DroDer enclosure and not under Dhysical restaint of a resoonsible Derson. Any danaerous doa found runnina at lame shall be imDounded bY the Animal Control Officer or oolice officer in the manner described in this section orovided that such animal may be immediately destroyed by the Animal Control Officer or bv a DoUce officer if it cannot be imDounded after reasonable effort. or cannot be imDounded without serious risk to oersons attemDtina to imoound it. 802.1801 Reclaimina Seized Doa. A danaerous doo seized under this section may be reclaimed bY the owner of the doo uoon oayment of imDoundina and boardina fees and Dresentina oroof to the animal control authority that the reauirements of the section will be met. A doo not reclaimed under this section within seven days may be disDosed of as orovided under Minnesota Statutes and rules. The owner is liable to the animal control authority for costs incurred in confinina and disoosina of the doo. 802.1900: EXEMPTION FROM PROVISIONS: Subsection 802.900 shall not apply to dogs or cats on land zoned agricultural. However, no dog or cat from an area zoned for agriculture shall be permitted to run at large in any other area of the City. 802.2000: PENAL TV: Any person violating any provisions of this Section shall be guilty of a misdemeanor.:. :Jnd upon conviction thoroof Sh311 bo punishod by :J fine of not more