City Council Ordinance 169ORDINANCE AMENDMENT NO. 169
THE CITY COUNCIL OF THE CITY OF MONTICELLO DO HEREBY ORDAIN THAT THE ORDINANCE
TITLE 6, CHAPTER 2, REGARDING DOGS AND OTHER DOMESTIC ANIMALS SHALL BE AMENDED
AS FOLLOWS:
SECTION:
6-2-1:
6-2-2:
6-2-3:
6-2-4:
6-2-5:
6-2-6:
6-2-7:
6-2-8:
6-2-9:
6-2-10:
6-2-11:
6-2-12:
6-2-13:
6-2-14:
6-2-15:
6-2-16:
6-2-17:
6-2-18:
6-2-19:
6-2-20:
6-2-21:
6-2-22:
6-2-23:
6-2-24:
6-2-25:
6-2-26:
6-2-27:
6-2-28:
CHAPTER 2
DOGS AND OTHER DOMESTIC ANIMALS
Definitions
Enforcement
Right of Entry
Records
Running at Large Prohibited
Wild or Vicious Animals Prohibited
Animal Control Officer; Animal Wardens
Interfering with Animal Wardens
Vaccination of Dogs Required
Vaccination of Cats Required
Impoundment of Rabies Suspects
Confinement of Animals with History of Biting
Abandonment of Animals
Dog License Required
Dog License Fee and Application
Unauthorized Use of Dog License Receipts, Tags of
Certificates
Dog Tags
Impounding Dogs
Impounding Stray Dogs
Disposition of Certain Diseased or Dangerous Dogs
Redemption of Dogs and Other Animals
Possession of Nuisance Animals
Dogs: Disturbing the Peace; Enforcement
Cleaning up Litter
Dangerous Dogs
Inoculation
or Other Animals
Permits for Commercial Dog Kennels; Permits for Keeping More than
Three Dogs Over the Age of Six Months.
Maintenance of Animal Quarters and Commercial Dog Kennels
Penalties
6-2-1: DEFINITIONS: Unless the context clearly indicates otherwise, the
words, combination of words, terms, and phrases as used in this
section et seq. shall have the meanings set forth in the following paragraphs:
(A) "Person" shall mean any individual, firm, partnership, or corporation.
(B) "Animal Warden" shall mean the person contracted with by the City
Council, designated as such by them to perform the duties prescribed by this
ordinance, as an independent contractor.
(C) "Commercial Kennel" shall mean a place where more than three (3) dogs
of over six (6) months of age are kept for purposes of breeding, sale, or
boarding.
(D) "Citation" shall mean a notice or complaint issue by the Animal Warden
to the owner of any animal apprising said owner of one or more violations of
this ordinance.
(E) "At Large" - A dog is at large when it is off the property of the
person owning, harboring, or keeping said dog, and it is not under restraint.
(F) "Veterinary Hospital" shall mean place for the treatment,
hospitalization, surgery, care, and boarding of animals or birds, which place
is owned and operated by a licensed veterinarian.
(G) "Under Restraint" - A dog is under restraint if it is on the premises
of the person harboring or keeping the dog; if it is within a private motor
vehicle of a person owning, harboring, or keeping the dog; or if it is
controlled by a leash not exceeding six (6) feet in length.
(H) "Dog Kennel" shall mean any place, building, tract of land, boat, or
vehicle wherein or whereupon dogs are kept, congregated, or confined; such dogs
having been obtained from municipalities, dog pounds, dog auction, or by
advertising for unwanted dogs, or dogs abandoned or stolen.
(I) "Owner" shall mean any person owning, keeping, harboring, or acting as
custodian of a dog or other domesticated animal.
(J) "Premises" shall mean any building, structure, shelter, or land
whereon dogs or other animals are kept or confined.
(K) "Public Nuisance Animal or Animals" shall mean any animal or animals
which:
1. If dog or dogs is/are repeatedly found at large;
2. Damages the property of anyone other than its owner;
3. Is/are vicious animal(s);
4. Causes fouling of the air by odor;
5. Causes unsanitary conditions of enclosures or surroundings;
6. By virtue of number of types of animals maintained, are offensive
or dangerous to the public health, safety, or welfare;
7. Excessively makes disturbing noises;
8. Molests passer(s)by or passing vehicles;
9. Attacks other domestic animals;
(L) "Vicious Animal or Animals" shall mean any animal or animals which
constitute a physical threat to human beings or other animals by virtue of one
or more attacks of such severity as to cause property damage or physical
injury, however slight.
6-2-2: ENFORCEMENT: The provisions of this ordinance shall be enforced
by the Animal Warden and those officers designated in this
ordinance. The Animal Warden may issue citations for violations of this
ordinance.
6-2-3: RIGHT OF ENTRY: The Animal Warden shall have the right to enter
upon any premises at all reasonable times for the purpose of
discharging the duties imposed by this ordinance where there is a reasonable
belief that a violation of this ordinance has been committed.
6-2-4: RECORDS: It shall be the duty of the Animal Warden to keep the
following records, subject to inspection by the Council, City
Administrator, or their designated agents as set forth in the following
paragraphs:
(A) Accurate and detailed records of the licensing, impoundment, and
disposition of all animals coming into custody.
(B) Accurate and detailed records of all reported bite cases and
investigations for a period of three (3) years.
(C) Accurate records of all citations issued for violations of this
ordinance.
(D) Accurate and detailed records of all money collected and expended in
the operation of the functions of his office.
6-2-5: RUNNING AT LARGE PROHIBITED: No dog shall be allowed by its owner
to run at large and every owner of a dog shall cuase the same to
be:
(A) Confined to the owner's property by training, fencing, or leashing,
and females in heat shall be confined in an enclosure and so kept and confined
therein during such entire period and until such dogs shall not attract other
dogs on account thereof.
(B) While in any public place as a school, playground, or a park to be on
a leash, chain, or cord of not more than six (6) feet in length and in the
custody of a person of sufficient age to adequately control the dog at all
times.
(C) While in all other areas such as on a public street or in an
automobile, to be in the custody of a person of sufficient age to adequately
control the dog at all times, and to have and keep said dog under control.
6-2-6: WILD OR VICIOUS ANIMALS PROHIBITED: No person shall keep or allow
to be kept any place in the city an animal of a ferocious or
vicious character, habit, or disposition, or any animal which is wild by
nature.
6-2-7: ANIMAL CONTROL OFFICER; ANIMAL WARDENS: The City Council may
appoint or designate an Animal Control Officer to enforce the
provisions of this ordinance and to perform such duties in connection with the
enforcement thereof as the City Administrator or the code of ordinances may
direct. The City Administrator may authorize, at such times as he or she may
deem necessary, persons to be designated as Animal Wardens and to purchase
equipment for the purpose of capturing and conveying to an animal pound all
animals in violation of this Code. Such Animal Wardens shall be under the
supervision of the Animal Control Officer and the City Administrator. Such
Animal Wardens are authorized to issue violation tags and to carry and display
appropriate badges or identification.
6-2-5: INTERFERING WITH ANIMAL WARDENS: No person shall in any manner
molest, hinder, or interfere with the Animal Warden employed
directly or by contract with the City to capture animals and convey them to the
animal pound while such person is engaged in such occupation. Whoever violates
this section shall be guilty of a misdemeanor.
6-2-9: VACCINATION OF DOGS REQUIRED: No person shall keep, harbor, or
maintain care, custody, or control over any dog over four (4)
months of age unless said dog has been vaccinated in accordance with the terms
of this section. After three (3) months of age and before four (4) months of
age, the dog shall be first vaccinated with an approved rabies vaccine. Within
twelve (12) months after its original vaccination, the dog shall receive a
booster vaccination with an approved rabies vaccine. Thereafter, the dog shall
receive booster vaccinations every twelve (12) to thirty-six (36) months,
depending on the prescribed frequency of booster vaccinations in the
manufacturer's specifications for the vaccine previously used. All rabies
vaccinations shall be performed by or under the direct supervision of a
licensed veterinarian, and the dog owner shall obtain a certificate of
vaccination.
6-2-10: VACCINATION OF CATS REQUIRED: No person shall keep, harbor, or
maintain care, custody, or control over any cat over four (4)
months of age unless said cat has been vaccinated in accordance with the terms
of this section. After three (3) months of age and before four (4) months of
age, the cat shall be first vaccinated with an approved rabies vaccine. Within
twelve (12) months after its original vaccination, the cat shall receive a
booster vaccination with an approved rabies vaccine. Thereafter, the cat shall
receive booster vaccinations every twelve (12) to thirty-six (36) months,
depending on the prescribed frequency of booster vaccinations in the
manufacturer's specifications for the vaccine previously used. All rabies
vaccinations shall be performed by or under the direct supervision of a
licensed veterinarian, and the cat owner shall obtain a certificate of
vaccination.
6-2-11: IMPOUNDMENT OF RABIES SUSPECTS:
(A) Any dog or cat not vaccinated in accordance with Sections 6-2-9 and
6-2-10 which has bitten any person and caused an abrasion or puncture of the
skin of such person shall be seized and impounded under the supervision of a
licensed veterinarian or at the city contract kennel facility 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 sign of rabies, it may be released
to the owner upon the condition that the owner have the animal vaccinated as
required by Sections 6-2-9 and 6-2-10 and licensed as required by Section
6-2-13. In the case of a stray, the animal shall be disposed of in accordance
with applicable laws. It shall be unlawful for any owner or person having
custody or control of any dog or cat, not vaccinated in accordance and which
has bitten any person, to refuse to release such dog or cat and make it
immediately available to the Animal Warden for the purpose of quarantine.
(B) Any dog or cat vaccinated in accordance which has bitten any person
shall be confined by the owner or other responsible person in such manner as
the Animal Warden may direct and for a period of not less than ten (10) days.
The Animal Warden, or authorized representative, shall conduct a midterm and
terminal examination of the animal. If no signs of rabies are observed by the
Animal Warden, the domestic animal may be released from confinement. It shall
be unlawful for any owner or person in custody or control of any vaccinated dog
or cat which has bitten any person to refuse or fail to quarantine such dog or
cat as required by this subsection. The Animal Warden, or his agent, shall
seize any dog or cat not quarantined in accordance with this subsection.
(C) Any other animal which has bitten any person and caused an abrasion or
puncture of the skin of such person shall be seized and impounded under the
supervision of a licensed veterinarian or at the city contract kennel facility
for a period of not less than ten (10) days. If, after a complete examination
by a veterinarian, the animal has no clinical signs of rabies, the animal may,
with the approval of the Animal Warden, be released to the owner. In the case
of an unclaimed animal, it shall be disposed of in accordance with applicable
laws. It shall be unlawful for any owner or person in custody or control of
any animal which has bitten any person to refuse to release such animal and
make it immediately available to the Animal Warden for the purpose of
quarantine.
(D) Any rabies suspect impounded or confined under this section which is
found to be sick or diseased shall be reported immediately in writing to the
Animal Warden by the attending veterinarian or operator of the quarantine
facility. The Animal Warden shall then take possession of such animal for the
purposes of determining if it is suffering from rabies.
6-2-12: CONFINEMENT OF ANIMALS WITH HISTORY OF BITING: Every fierce,
dangerous, or vicious animal, including dogs, that has a history
of biting a human or any domestic animal, shall be confined by the owner within
a building or secure, covered enclosure. Such animal shall not be taken out of
such building or secure, covered enclosure unless muzzled and on a leash.
6-2-13: ABANDONMENT OF ANIMALS: It shall be unlawful to abandon any dog
or other animal within this city.
6-2-14: DOG LICENSE REQUIRED:
(A) No person shall own, harbor, or keep a dog over six (6) months of age
within the city unless a current license for such dog has been obtained. The
license shall be issued for a two (2) year period and shall expire on
December 31 of the last year of the license issued. A late payment charge, in
the amount set by the Council for time to time, shall be assessed for failure
to apply for a renewal license by March 1 of the year of expiration of the
current license. The City Administrator may prorate the amount of the license
fee of one who owns, harbors, or keeps a dog over six (6) months of age for
less than a full two-year period.
(B) The license fee for the keeping of a dog over six (6) months of age
may be waived on application by a person who shall certify that he or she is
over the age of sixty-five (65) years and has an annual income not in excess of
Five Thousand Dollars ($5,000).
6-2-15: DOG LICENSE FEE AND APPLICATION: It shall be required of each
person owning, keeping, or harboring a dog to pay a license fee to
the City Administrator or Animal Warden as imposed by this section, except as
provided in Section 6-2-13 herein. The license fee for any dog shall be
computed at the rate duly set by the Council from time to time. Each
application for such license shall include a statement, signed by the person
applying for the license, which certifies that the dog has been inoculated for
rabies not more than twenty-four (24) months preceding the date of
application. Upon receipt of the license fee and the signed application, the
City Administrator shall execute the receipt in triplicate, the original of
which shall be given to the person who pays the fee. The duplicate shall be
given to the Animal Warden, and the third copy shall be retained in the records
of the City Administrator. This receipt shall describe the dog as to color,
breed, age, sex, and weight. Any owner shall produce for inspection the
license receipt upon the request of the Animal Warden.
6-2-16 UNAUTHORIZED USE OF DOG LICENSE RECEIPTS, TAGS OF INOCULATION
CERTIFICATES: It shall be unlawful for any person to use for any
dog a license receipt, license tag, or a rabies inoculation certificate issued
to another person or dog.
6-2-17: DOG TAGS: The City Administrator shall procure a sufficient
number of metallic tags for delivery of one such tag to the person
paying the license fee. It shall be the responsibility of the owner of the dog
for which said tag was obtained to permanently attach the tag to the collar of
the dog in such manner that the tag may be readily seen. The tag is not
transferrable to any other dog or to a new owner of the dog. If a tag is lost
or stolen, the owner may obtain a new tag by surrendering the license receipt
for the first tag and by paying an additional fee as duly set by the City
Council from time to time.
6-2-18: IMPOUNDING DOGS: The Animal Warden shall seize and impound any
dogs found in the city without the tag provided for by this
ordinance, or dogs running at large. To enforce this ordinance, said Animal
Warden may enter upon any private premises in pursuit of a dog running at
large. It shall be unlawful for any person or persons to interfere with the
Animal Warden engaged in taking a dog hereunder for impounding or to refuse to
surrender a dog to the Animal Warden for confinement as required. Whoever
violates this section shall be guilty of a misdemeanor.
6-2-19: IMPOUNDING STRAY DOGS:
(A) The Animal Warden may seize or impound any dog found estray on public
property or claimed to be estray by the owner of the premises upon which such
animal may be found, provided that the owner of the premises demands such
seizure or impoundment and agrees in writing to indemnify and hold harmless the
City from any claim for damages by the owner of said dog.
(B) Disposition of such impounded stray shall thereafter be pursuant to
the provisions.
6-2-20: DISPOSITION OF CERTAIN DISEASED OR DANGEROUS DOGS OR OTHER
ANIMALS:
(A) Any dog or other animal displaying symptoms of being rabid may be
seized at any place or time and shall be confined in the City dog pound, or
other appropriate place designated for such purpose by the Council from time to
time, at the expense of the owner, until found to be free from rabies.
(B) If any dog or other animal appears to be diseased, vicious, dangerous,
rabid, or has been exposed to rabies, and such dog or other animal cannot be
taken up and impounded without serious risk, such dog or other animal may be
killed if reasonably necessary for the safety of any person or persons.
(C) When any dog or other animal has bitten any person, wherein the skin
has been punctured or the services of a doctor are required, a report of the
incident shall be made to the Police Department and Animal Warden by the owner
or custodian of the biting dog or animal or the person bitten or his parent or
guardian within twenty-four (24) hours of the bite.
6-2-21: REDEMPTION OF DOGS AND OTHER ANIMALS:
(A) The City, upon the impounding of any dog or other animal, may
condition redemption of said dog from impounding upon payment of the required
impounding fee as duly set by the City Council from time to time, plus the cost
of boarding for each day of said dog or other animal that has been confined in
said pound, together with the payment for a current license for said dog if no
current license has been issued. The pound keeper shall issue a receipt in
triplicate pursuant to the requirements of this section, the original of which
shall be given to the person paying the required impounding fee, the duplicate
to be furnished to the City Administrator, and the triplicte to be retained by
the pound keeper.
(B) If at the end of six (6) days after said impounding, the dog or other
animal has not been redeemed, it may be sold at private sale, or the keeper of
the pound may dispose of the dog or other animal in humane manner or pursuant
to the terms of Minnesota Statutes, Section 35.71.
6-2-22: POSSESSION OF NUISANCE ANIMALS: No person shall keep, own,
harbor, or otherwise possess within the City an animal which is a
public nuisance animal or vicious animal.
6-2-23: DOGS: DISTURBING THE PEACE; ENFORCEMENT: It shall be unlawful for
any person to own, keep, have in possession, or harbor any canine
which howls, yelps, or barks to the reasonable annoyance of another person or
persons. Any person violating this section, who, upon first requested by an
Animal Warden or any duly authorized assistant to stop or prevent the
annoyance, and refuses to comply with the request will be issued a citation;
and if the officer deems it necessary to stop the annoyance, may have the
canine taken to the City animal pound. Any canine placed in the pound may be
reclaimed by the owner upon payment of the fee prescribed. If not reclaimed,
it may be disposed of in the proper manner.
6-2-24: CLEANING UP LITTER: The owner of any dog or any person having the
custody or control of any dog shall be responsible for cleaning up
any feces of the animal and disposing of such feces in sanitary manner. more
than six (6) piles of feces in the yard may result in a violation tag being
issued.
It is unlawful for any person owning, keeping, or harboring a dog to
cause or permit said dog to be on property, public or private, not owned or
possessed by such person without having in his/her immediate possession a
device for the removal of feces and depository for the transmission of
excrement to a proper receptacle located on the property owned or possessed by
such person.
It is unlawful for any person in control of, causing, or permitting
any dog to be on any property, public or private, not owned or possessed by
such person, to fail to remove feces left by such dog to a proper receptacle
located on property owned or possessed by such person.
The provisions of this section shall not apply to the ownership or use
of seeing eye dogs by blind persons, dogs when used in police activities by the
City, or tracking dogs when used by or with the permission of the City.
Any Animal Control Warden, or any duly authorized officer or agent
authorized by the City Administrator, may issue citations.
6-2-25: DANGEROUS DOGS:
(A) The Animal Warden shall have the authority to order the destruction of
dangerous dogs. A dangerous dog is a canine animal which has:
1. bitten two or more persons, or
2. caused serious bodily injury or disfigurement to any person, or
3. engaged in any attack on any person under circumstances which
would indicate danger to personal safety.
(B) The Animal Warden or his designee, after having been advised of the
existence of a dangerous dog, may proceed in the following manner:
1. The Animal Warden shall cause the apparent owner to be notified in
writing or in person that his dog appears to be dangerous. The
apparent owner shall be notified as to dates, times, places, and
parties bitten, and shall be given ten (10) days to request a
hearing before the Animal Warden for determination as to the
dangerous nature of the dog.
(a) If the apparent owner does not request a hearing within ten
(10) days of said notice, the Animal Warden shall make such
order as he deems proper. The Animal Warden may order the dog
into custody for destruction. If the dog is ordered into
custody for destruction, the owner shall immediately make the
dog available to the Animal Warden, and failure to do so shall
be a misdemeanor.
(b) If the owner requests a hearing for determination as to the
dangerous nature of the dog, the hearing shall be held before
the Courts, who shall set a date for hearing not more than
three weeks after demand for said hearing. The records of the
Animal Warden shall be admissible for consideration by the
Courts without further foundation. After considering all the
evidence pertaining to the temperament of the dog, the Court
shall make a determination as to whether or not the dog is
dangerous. If the dog is found to be dangerous, the Court shall
make such order as it deems proper. The Court may order the
Animal Control Supervisor to take the dog into custody for
destruction. If the dog is ordered into custody for destruction,
the owner shall immediately make the dog available to the Animal
Control Supervisor and failure to do so shall be a misdemeanor.
2. If a dangerous dog is running at large, the Animal Warden shall
apprehend the dog; and if, upon apprehension, the dog bears no
identification which reasonably reveals its ownership, the Animal
Warden shall impound the dog until the quarantine period is
completed. If the dog has not been claimed, it shall be
immediately destroyed.
3. Any person who harbors a dog after it has been found by the Animal
Warden to be dangerous and ordered into custody for destruction
shall be guilty of a misdemeanor.
6-2-26: PERMITS FOR COMMERCIAL DOG KENNELS; PERMITS FOR KEEPING MORE THAN
THREE DOGS OVER THE AGE OF SIX MONTHS:
(A) No person shall operate a commercial dog kennel in this city without
first obtaining a permit. Application for such permit shall be made to the
City Administrator and shall be accompanied by the permit fee established by
the City Council.
(B) Commercial kennel permits shall be issued on an annual basis, expiring
on December 31 following the first effective day of the kennel permit. The
commercial kennel permit fee shall be the amount per year or fraction thereof
as set by the City Council from time to time.
(C) Commercial kennels shall be kept in a clean and healthful condition at
all times and shall be open for inspection by duly authorized City authorities
at any reasonable time. A commercial kennel permit may be revoked by the City
Council by reason of the violation of this ordinance or any health or nuisance
order, laws, or regulations.
(D) No person shall own, harbor, or keep upon his premises more than three
(3) dogs over the age of six (6) months unless in a commercial kennel duly
licensed under this section.
(E) The number of dogs permitted in Subsection 4 may be increased by
obtaining a permit issued by the Animal Warden. Such permit shall specify any
restrictions, limitations, conditions, or prohibitions which the Animal Warden
deems reasonably necessary to protect any person or neighboring use from
unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect
the public health or safety. Such a permit may be modified from time to time
or revoked by the Animal Warden for failure to conform to such restrictions,
limitations, conditions, or prohibitions. Such modification or revocation
shall be effective from after ten (10) days following the mailing of written
notice thereof by certified mail to the person or persons keeping or
maintaining such dogs.
(F) The Animal Warden may grant any permit pursuant to this section after
the applicant has sought the written consent of AT LEAST EIGHT PERCENT (80%) of
the occupants of the several descriptions of the real estate situated within
100 feet of the applicant's real estate. SUCH WRITTEN CONSENT SHALL BE
REQUIRED ON THE FIRST AND INITIAL APPLICATION AND AS OFTEN THEREAFTER AS THE
ANIMAL WARDEN DEEMS NECESSARY.
6-2-27: MAINTENANCE OF ANIMAL QUARTERS AND COMMERCIAL DOG KENNELS:
(A) Animal housing facilities and commercial dog kennel facilities shall
be structurally sound and maintained in good repair. Indoor housing facilities
should be adequately ventilated and have ample light and heat, either natural
or artificial.
(B) Dogs kept outside shall be provided with access to shelter to protect
them from the sun, rain, and snow, together with adequate bedding when the
temperature falls below 50 degrees Fahrenheit.
(C) If dogs are confined by chains, such chains shall be so attached that
they cannot become entangled with the chains of other dogs or any other
objects. Chains shall be of a size commonly used for the size of dogs involved
and shall be attached to the dog by means of a well -fitted collar. Such chains
shall be at least three times the length of the dog as measured from the tip of
its nose to the base of its tail.
(D) Enclosure shall be of sufficient size to allow each dog to turn around
fully and stand, sit, and lie in a comfortable normal position. The floors of
the enclosure shall be constructed so as to prevent injury to the dog's legs
and feet.
(E) The temperature for indoor housing facilities shall not be allowed to
fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures.
(F) Disposal facilities shall be provided to minimize vermin, infestation,
odors, and disease hazards.
(G) Adequate storage and refrigeration shall be provided to protect food
supplies against contamination and deterioration.
6-2-28: PENALTIES:
(A) Whoever violates a section of this ordinance whenever said violation
is designated a misdemeanor, upon conviction thereof, shall be punished by a
fine of not more than $700 and/or imprisonment in the county jail for not more
than 90 days.
(B) Whoever violates any section of this ordinance not otherwise described
in paragraph (A) of this section, upon conviction thereof, shall be guilty of a
petty misdemeanor and shall be punished according to a fine schedule adopted by
the City Council from time to time.
Adopted this 13th day of March, 1989.
Ken Maus, Mayor
Rick Wolfsteller
City Administrator