HomeMy WebLinkAbout04-14 Dogs and Cats
ORDINANCE 04-14
AN ORDINANCE AMENDING SECTION 802 OF THE
PRIOR LAKE CITY CODE IN ITS ENTIRETY
REGULATING DOGS AND CATS
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 802 of the Prior Lake City Code is amended in its entirety to read as follows:
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
LIMITATION ON NUMBER OF DoGs OR CATS - KENNEL LICENSE REQUIRED
ANIMAL CONTROL FACILITY
BITES AND RABIES
UNLAWFUL ACTS
NUISANCE
IMPOUNDMENT AND NonCE
IMPOUNDMENT RECORDS
RECLAIMING DoGS OR CATS
INTERFERENCE WITH OFFICER - BREAKING POUND OR VEHICLE
POTENTIALLY DANGEROUS DoGS: DANGEROUS DOG
RESTRICTIONS ON POTENnALL y DANGEROUS DOGS
RESTRICTIONS ON DANGEROUS DoGS
SEIZURE OF DANGEROUS DOGS
ExEMPTION FROM PROVISIONS
PENALTY
PURPOSE:
802.100:
802.200:
The City recognizes that pets are an important part of many families. The health, safety,
and welfare of the citizens of the City and pets living in the City requires the City to regulate
the ownership and keeping of dogs and cats. . 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, 35.69, 347.50 through 347.55 and Chapter 343, as amended, are hereby adopted
by reference and are incorporated in and made part of this Section as if the same were set
out in full. The Minnesota Rules specifically pertaining to these statutes are also adopted.
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 SDaved DOGs 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 showin!~ 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 c:ats shall be set annually by resolution of the City
Council. All licenses shall expire on December 31 st 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 designee, 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 or
cat in 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: LIMITATION ON NUMBER OF DOGS OR CATS - KENNEL LICENSE REQUIRED: No
person shall maintainmore than 3 dogs or cats or combination thereof in a dwelling unit, as
defined in the Zoning Code without securing a kennel license from the City Manager. The
fee for said license shall be determined by the City Council and adopted by the City
Council as part of the annual fee schedule.
802.700: ANIMAL CONTROL FACILITY: The City Manager or designee shall designate an Animal
Control Officer. 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 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 quarantined in a City approved 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 Officer 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 State Statute and State Rule regarding impoundment and
euthanizing 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 d~J 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 dogl 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 ResDOnsibilitv. 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. Except that, excrement that is immediately removed and
disposed of in a trash container shall not constitute a public 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 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 Law Nuisance. Nothing in this section is intended to limit the City or any
individual from proceeding under any common law nuisance theory.
802.1100: IMPOUNDMENT AND NOTICE:
802.1101 ImDoundment: Time of KeeDina. 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 provide written notice to the owner of
such dog or cat of its impoundment and the conditions applicable to regaining custody of
the dog or cat. Any oral notices shall immediately be confirmed in writing. If the animal
does not have a valid license or the license is expired 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 Providing Notice: The City must give notice of the impoundment of a dog 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 daiming 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 daiming 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 1 D-day
period.
802.1104 ImDOundment of Inhumanely Treated DOGS or Cats. Pursuant to authority
provided in Minnesota Statute, Chapter 343, the City may seize dogs or cats which are
being cruelly or inhumanely treated. The owner of the animal must be immediately
notified. The animal may be returned to its owner if the confiscating authority or an animal
humane society reasonably believes the animal will not be treated cruelly or inhumanely.
Prior to returning the animal to its owner, the animal may be treated by a veterinarian
and/or permitted to regain its strength. The owner shall be responsible for any cost
incurred for such treatment.
Upon proper determination by a doctor of veterinary medicine, any animal taken into
custody as a result of an investigation for cruelty, may be immediately disposed of, as
authorized in Minnesota Statute Section 343.22, when the animal is suffering and is
beyond cure through 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 Length 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 5consecutive days, not including days the Animal
Control Facility is dosed.
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 olr 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 inspection during
regular business hours.
802.1300: RECLAIMING DOGS AND CATS:
802.1301 Reclaiming ImDOunded DOGS 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 DOGs or Cats. At the end of the 5-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 irnpounded 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 inlpounded in the City Animal Control facility shall be
kept with kind treatment and sufficient food, water and shelter for the dog or cars comfort,
in accordance with the laws of the StatEl of Minnesota.
802.1400: 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 from 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 his/her 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 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 approac.hes 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 means any dog that has: (1) 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 Dangerous or Dangerous Classification.
(1)
Potentially Dangerous Dog. A City law enforcement official may declare a dog to be
potentially dangerous, if he/she believes, based upon their professional judgment, that the
dog meets the criteria in 802.1501. Dangerous Dog. The Police Chief may declare a
dangerous dog as defined in 802.1501.
(2) Notice of Determination. Upon a determination by a City law enforcement official that a
dog is potentially dangerous or dange~ous pursuant to Minnesota State Statute or Section
802.1501 of this Code, the City shall provide a Notice of Potentially Dangerous/Dangerous
Dog to the owner of record, or if none, any owner of such dog by serving, either personally
or by certified mail, the owner or a person of suitable age at the residence of such owner.
The notice shall include the following:
(a) A description of the dog deemed to be potentially dangerous or dangerous;
(b) The factual basis for the determination;
(c) The identity of the officer who has made the determination;
(d) A description of any restrictions on the dog as per 802.1600 or 802.1700;
(e) A statement as to the owner's right, within 10 days, to request a hearing
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;
and,
(f) The criminal penalties for violation of the requirements pertaining to potentially
dangerous and dangerous dogs.
(3) Appeal Hearing. If the owner requests a hearing to challenge the determination that a
dog is potentially dangerous or dangerous, the hearing shall be before the Police Chief if
the dog was determined to be potentially dangerous by a City Law Enforcement Officer or
before the City Manager if the Police Chief has dedared the dog dangerous. An appeal by
the owner of a dog that has been declared potentially dangerous or dangerous must be
held not more than 3 weeks after the City receives a written demand for said hearing. The
records of the Animal Control Officer or other law enforcement official shall be admissible
for consideration. After considering all of the evidence, the Police Chief, if for potentially
dangerous dogs, or the City Manager, if for dangerous dogs, shall make a determination
based upon his or her judgment as to whether or not the dog is potentially dangerous or
dangerous. The Police Chief or City Manager shall make such order as they deem proper,
consistent with State law and this Sec:tion. Such order may include restricting the dog's
activities, reimbursement by the owner of the reasonable costs of temporary impoundment
and transportation of the dog, and euthanasia of a dangerous dog.
802.1600: RESTRICTIONS ON POTENTIALLY DANGEROUS DOGS: Ownership of potentially
dangerous dogs, induding guard or c:lttack 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 restrictions, as determined by
the law enforcement official determinin~1 the classification of the dog.
802.1601 MicrochiD. Pursuant to Minnesota Statute 347.515, the owner of a potentially dangerous
dog must have a microchip implanted in the dog for identification, and the name of the
microchip manufacturer and identification number of the microchip must be provided to the
animal control authority. If the microchip is not implanted by the owner, it may be implanted
by the animal control authority. In either case, all costs related to purchase and
implantation of the microchip must be borne by the dog's owner.
802.1602 Leash and Muzzle. No person shall permit a potentially dangerous dog to go off the
owner's property unless such dog is securely leashed with a leash no longer than four feet
(4') in length and muzzled by a muzzling device sufficient to prevent such dog from biting
persons or other animals. . A person must be in physical control of the leash at all times
when such an animal is off the owner's property.
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 provided in 802.1602. Such pen, kennel or structure must have secure sides
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.
802.1605
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 saeen door or
window screens are the only obstacles that prevent the dog from exiting.
Sians. Owners of potentially dangerous dogs within the City 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") . Bearing the legend, "Beware Potentially Dangerous Dog on Premises",
including a warning symbol to inform children. The sign shall also include a telephone
number where the handler of the dog can be reached. A similar sign is required to be
posted on the kennel or pen of such aninlal.
802.1604
802.1606
Notice of Relocation. The owner of any potentially dangerous dog must provide the City
with written notice of any relocation of the dog from its current residence, providing any new
owner's full name, address, daytime and evening telephone numbers and the relocation
address within ten (10) days of any such relocation or new ownership.
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: RESTRICTIONS ON DANGEROUS DOGS: No person may own or keep a dangerous
dog in the City without adhering to all of the following restrictions.
802.1701 Microchip. Pursuant to Minnesota Statute 347.515, the owner of a dangerous dog must
have a microchip implanted in the dog for identification, and the name of the microchip
manufacturer and identification number of the microchip must be provided to the animal
control authority. If the microchip is not implanted by the owner, it may be implanted by the
animal control authority. In either case, all costs related to purchase and implanation of the
microchip must be borne by the dog's owner.
802.1702 Proper Enclosure. An owner of a dangerous dog shall keep the dog, while on the owner's
property, in a proper enclosure. "Proper enclosure" means securely confined indoors or in
a securely enclosed and locked pen or structure suitable to prevent the animal from
escaping and providing protection from the elements for the dog. A proper enclosure does
not include a porch, patio, or any pari: 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 door or window screens are the only obstacles that prevent the dog from
exiting.
802.1703
802.1704
802.1705
802.1706
802.1707
802.1708
802.1709
Leash and Muzzle. If a dangerous dog is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash and under the physical restraint of a
responsible person. The muzzle must be made in a manner that will prevent the dog from
biting any person or animal but that will not cause injury to the dog or interfere with its vision
or respiration.
Signs. Owners of dangerous dogs 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")
warning of the presence of such dog. This sign must include a warning symbol to inform
children. Also included on the sign shall be a telephone number indicating where the
handler of the dog can be reached. A similar sign is required to be posted on the kennel or
pen of such animal.
Surety Bond. A surety bond issued by a surety company authorized to conduct business
in this state in a form acceptable to the animal control authority in the sum of at least
$50,000, payable to any person injured by the dangerous dog, or a policy of liability
insurance issued by an insurance company authorized to conduct business in this state in
the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the
dangerous dog.
Certificate of Registration and Annual Fee. The City shall issue a certificate of
registration to the owner of a dangerous dog only after all the restrictions pertaining to
dangerous dogs are complied with and after the owner has paid an annual fee, which is in
addition to any regular dog licensing fees. The annual fee shall be determined by the City
Council and adopted by the Council as part of the annual fee schedule. An owner of a
dangerous dog must renew the registration of the dog annually until the dog is deceased or
the dangerous dog designation is rescinded as per Minnesota State Statute 347.51 Subd.
3a. If the dog is removed from the City" it must be registered as a dangerous dog in its new
jurisdiction.
Tag. A dangerous dog registered under this section must have a standardized, easily
identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog
symbol, affixed to the dog's collar at all times.
Death or Transfer of Dangerous Dog. An owner of a dangerous dog must notify the
animal control authority in writing of the death of the dog or its transfer to a new jurisdiction
within 30 days of the death or transfer, and must, if requested by the animal control
authority, execute an affidavit under oath setting forth either the circumstances of the dog's
death and disposition or the complete name, address, and telephone number of the person
to whom the dog has been transferred.
A person who sells a dangerous dog must notify the purchaser that the animal control
authority has identified the dog as dangerous. The seller must also notify the animal
control authority in writing of the sale and provide the animal control authority with the new
owner's name, address, and telephone number.
Notice to Landlords. A person who owns a dangerous dog and who rents property from
another where the dog will reside must disclose to the property owner prior to entering the
lease agreement and at the time of any lease renewal that the person owns a dangerous
dog that will reside at the property.
802.1800: SEIZURE OF DANGEROUS DOGs: The animal control authority shall immediately
seize any dangerous dog if:
(1) After 14 days after the owner has received notice that the dog is dangerous, the
dog is not validly registered;
(2) After 14 days after the owner has received notice that the dog is dangerous, the
owner does not secure the proper liability insurance or surety coverage;
(3) The dog is not maintained in the proper endosure; or
(4) The dog is outside the proper enclosure and not under physical restaint of a
responsible person.
Any dangerous dog found running at large shall be impounded by the Animal Control
Officer or police officer in the manner described in this section provided that such animal
may be immediately destroyed by thE~ Animal Control Officer or by a police officer if it
cannot be impounded after reasonable effort, or cannot be impounded without serious risk
to persons attempting to impound it.
802.1801 Reclaiming Seized Dog. A dangerous dog seized under this section may be reclaimed by
the owner of the dog upon payment of impounding and boarding fees and presenting proof
to the animal control authority that the requirements of the section will be met. A dog not
reclaimed under this section within SE~ven days may be disposed of as provided under
Minnesota Statutes and rules. The owner is liable to the animal control authority for costs
incurred in confining and disposing of the dog.
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
pennitted 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.
2. This ordinance shall become effective from and after its passage and publication.
Adopted by the City Council of the City of Prior Lake this 15th day of March, 2004.
ATTEST:
_/SI
Frank Boyles, City Manager
_/SI
Jack G. Haugen, Mayor
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01 uomppu UJ snun lJUJIlaMp .IaMaj
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IuquapIsa.I uo sIupalUw I ssuI:J
a.IU Maw paqsluUa.Id puu (ssau}{~tttl 802.700: ANIMAL CONTROL
~! saq:JuI tffi lsuaI le) SUtpIS YAUtA F A~ILITY: The City Manager or
pale.I l~eawI .Iaqalq .10 luawa~ .IaQU desIgnee shall designate an Animal
pooM. ~auI~unq aql JO uonepunoJ Control Officer. The City CouncI'1
a~l ~AOqU laaJ .InoJ JO wnWlUtW m t
. u panelsuI aq neqs o:>:>nls oIl.nilUAS ay. con r<;ict for animal control
'snun8UmaMp .IaMaJ .10 ~ dIl9j serVIces 'Y~th a qualified animal
uIUluOO q~lqM slJumaMp su pasn asoql control faCilIty. Additionally, the City
ueql .Iaqlo sSUlPUnq uo sIepalew Man!lger or other authorized City
lJuJPUnq .IopalXa IsseI'"" a.rn sseI~ pua OffiCIal may make arrangements with
, d v local veterinarians, kennels or
uJeyaOJO 'Jaddo~'o~~nls:>naqlUASJO humane societies for the care and
luawa:J pa.Inlxal 'auols YU.Inluu .Iaq}O custody of dog or cats as may be
.10 anuu.llJ 'ayq.Iew '}[JPH :~ deemed necessary.
:sMOIlOj su sapolJalu:J 802800
III sseI:J puu II sseY:J '~ 'I .: BITES AND RABIES:
SSl?Y:J ~.l ~~"lJ 802.801 Bites. It shall be
, OluI papIAIP aq IIuqs syupalew the duty of every person haVing
uOIpasqns slql JO asod.Ind aql kn~wledge of a bite by any dog or cat
.Io.!I :sP:!palUW JO sassuI:J'u WhICh occurred within the City to
:suoneytUJaJ 8UJMOIIoJ report th
aql 01 pafqns aq IIeqs slJUt.PII.nq jO . e same to the Prior Lake
Pohc.e Department as soon as
sIUpalew a:JeJ.ms .IOpalX:tl (9) practIcal afte.r the bite occurs. This
'aJueuJPJ:O sJql uT a.IaqMasla rep rt hall I
papIAo.Id su lda:>xa puno.I8 .IapuIJ 0 s 'mc ude a description of
aq nuqs saJIAJas Anmn IIV (g) , the dog or cat, theaddressoftheowner
of the dog or cat if known, and, if
'sMaI^-alIS~U( known, the ~ame, address and age of
ORDINANCE 04-14 any person mjured,
AN ORDINANCE AMENDING 802.802 hnnoundment.
SECTION 802 OF THE Any dog or cat which has bitten a
PRIOR LAKE CITY CODE IN person may be immediately seized
ITS ENTIRETY whetp.er on or off the owner's
REGULATING DOGS AND CATS premIses and quarantined fora period
. The City Council of the City of of a~ least 1~ days. Where no current
Pnor Lake do~s hereby ordain that: rabIes vaccmation ofthe do or cat can
1. SectIon 802 of the Prior be proven or Upon written demand by
La~e City Code is, amended in its the bite victim to the City Animal
entIrety to read as follows: ~ontrolOfficer, the dog or cat shall be
SECTION 802 Im~o~nded at the City animal control
DOGS AND CATS faCIlIty: The owner shall be
SUBSRCTlONS: responsIble for the impoundment
802.100: STATE STATUTES ?osts and shall make arrangements
ADOPTED m adVance for the payment of these
802.200: LICENSE REQUIRED costs.
802.300: LICENSE FEES: (1) hrt'poundment at City
EXPIRATION F~cility. In the case of a dog or cat
802.400: ISSUE LICENSE: TAG WIth no known owner, the dog or cat
802.500: Los T sh~ll be quarantined in the City
COUNTERFEIT TAGS Animal Control Facility. Ifno owner
802.600: LIMITATION ON can be identified, the dog or cat shall
NUMBER OF DOGS OR CATS - KENNEL be treated as an unclaimed dog or cat
LICENSE REQUIRED and. ~ept at the City Animal Control
802.700: ANIMAL CONTROL FaCIlIty as set forth in subsection
FACILITY 802.1302.
802.800: BITES AND RABIES (2) Impoundment at Owner
802.900: UNLAWFUL ACTS Selec~ed facility. The owner may
802.1000: NUISANCE provIde Impoundment at a City
802.1100: IMPOUNDMENT AND appr?ve~ animal kennel or
~OTICE vete~lI~anan. provided that until such
802.1200: IMPOUNDMENT proVlsI~ns are made, the dog or cat
~ECORDS shall be Impounded in the City Animal
802.1300: RECLAIMING DOGS Control Facility. The owner shall
lR CATS notify the Animal Control Officer and
802.1400: IN T E R FER E N C E shall furnish written certification
lITH OFFICER - BREAKING POUND OR that th~ do&, or cat is being
TEHICLE quarantmed m a City approved
802.1500: POT E N T I ALL Y kenJ?eI. For the purposes of this
IANGEROUS DOGS: DANGEROUS DOG SectIon, an approved animal kennel
802.1600: RESTRICTIONS ON shall!TIe~n~kennel within or outside
OTENTIALLY DANGEROUS DOGS t~e CIty lImits that is approved by the
802.1700: RESTRICTIONS ON CIty or the Animal Control Officer or
ANGEROUS DOGS a kennel that has entered into an
802.1800: SEIZURE OF agreem~ntwith the City to keep dogs
ANGEROUS DOGS or. cats In a manner consistent with
802.1900: EXEMPTION FROM t~IS and all other ordinances of the
laVISIaNS CIty. Upon expiration ofthe required
802.2000: PENALTY 10 days, ifthedogorcatdoesnothave
PU~POSE: The City any symptoms of rabies, it may be
cognIZes that pets are an important relea~ed t~ the owner after a licensed
.rt of many families. The health. vetermanan has examined the dog
fet~, and welfare of the citizens of or cat and has agreed to the release.
e 9ty and pets living in the City . (3) Euthanasia. In accordance
qUIres. the City to regulate the WIth S~ate Statute and State Rule
:nershIp .a.nd keeping of dogs and regardI.n? impoundment and
:s. . AddItIonally, the licenSing of euth~ll1ZI.ng an animal, if the
:s ~ontained herein is intended to vetermana.n. at the City Animal
""~a '" ""0...1."'.....,,,"'" ~".. fl." ..^f,,~~S.?!?-~!?!_f~IlI~r. deems it~e_cessary"
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Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
}SS.
County of Scott )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authori
agent of the publisher of the ne~papers known as the Shakopee Valley News, Jordan IndeI
dent, Prior Lake American and Slvage Pacer, and has full knowledge of the facts herein state
follows:
(A) These newspapers have complied with the requirements constituting qualification as a il
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.~
was published on the date or dates and in the newspaper stated in the attached Notice and!
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the column
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, t
inclusive, and is hereby ackrrowledged as being the kind and size of type used in the composil
and publication of the Notice:
abcdefghijklmnopqrstuvwxyz /
~ -;1 '1L J-.
y L~JL fA.. J.Jtuv. It;
. Laurie A. Hartm:
Subscribed and sworn before me on
this / 7 Q?day of /rt;)/t~.1 , 2004
-' I
~~f;yftr~
Notary Public cf
[j"~~'W"':~:~'~u~~~~~=r
My CommiSSion Expires Jan. 31, 200F.
~~~~
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $22.00 per column ir
Maximum rate allowed by law for the above matter................................. $22.00 per column ir
Rate actually charged for the above matter.............................................. $10.85 per column ill