Ch3.§2-2 · City of Nowthen public records

A. No owner of a dog shall own, keep or harbor any dog within the City of Nowthen unless such dog is licensed as herein provided. Written application for such license shall be made at the City offices and shall state the name, address and phone number of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making the application, and City staff shall deliver the original receipt to the applicant. B. The license fee shall be as set by the City Council by resolution from time to time. All licenses shall be valid for the same length of time as the rabies vaccination and must be renewed within thirty (30) days after the vaccination or a penalty, which shall be set by the City Council, will be assessed. There shall be no discount or prorating of license fees. C. In the event that the license tag issued for a dog shall be lost or stolen, the owner may obtain a duplicate tag from the City offices at a cost set forth in Section 1-2- 2 of the City Code.   D. No license shall be required for any dogs under the age of six (6) months. E. Any owner, upon first becoming a resident of the City of Nowthen, shall be allowed thirty (30) days from such time within which to obtain a dog license. Any owner having a valid dog license from another municipality shall secure, within thirty (30) days after becoming a resident of the City of Nowthen, a City of Nowthen dog license for which the owner shall pay the license fee as set by the City Council. F. If there is change of ownership of a dog, the new owner, must apply within thirty (30) days for a new license and pay the fee as set by the City Council. G. No license shall be granted for a dog not currently vaccinated against rabies. The applicant for a dog license must present a certificate of vaccination from a licensed veterinarian. (Ord. #15, adopted July 12, 2011) 3-2-3: TAGS: A. Upon the payment of the license fee, the owner of a licensed dog shall be furnished a receipt, together with a suitable tag. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the dog so licensed in such a manner that the tag may easily be seen by City Staff, the Animal Control Authority, or Law Enforcement. The owner shall see that the tag is constantly worn by the dog. Tags are not transferable from one dog to another. No refund shall be made of any dog license fee to anyone who leaves the City or in the event the dog dies before expiration of the license. B. It shall be unlawful to counterfeit or attempt to counterfeit tags provided for in this section or take from any animal a tag legally placed upon by its owner, or to place such tag upon another animal. (Ord. #15, adopted July 12, 2011) 3-2-4: DOGS AND CATS IN MOTOR VEHICLES: A person may not leave a dog or cat unattended in a standing or parked motor vehicle in a manner that endangers the dog's or cat's health or safety. A person who violates this section is guilty of a misdemeanor. The Animal Control Authority or a representative of the Animal Control Authority may use reasonable force to enter a motor vehicle and remove a dog or cat which has been left in a vehicle in violation of this Section. A person removing a dog or cat under this section shall use reasonable means to contact the owner of the dog or cat to arrange for its return home. If the person is unable to contact the owner, the person may take the dog or cat to an animal shelter. (Ord. #15, adopted July 12, 2011) 3-2-5: KENNEL LICENSE: The maximum number of dogs over six (6) months of age allowed on parcels of two and one half (2 1/2) acres or less is three (3). On   parcels over two and one half (2 1/2) acres up to five (5) dogs are allowed. For six (6) to ten (10) dogs a private kennel license is required. For over ten (10) dogs a Conditional Use Permit must be applied for. A. Private Kennel License: 1\. No person shall maintain a private kennel in the City without securing a license therefore from the City offices. The fee for the license shall be as established by Section 1-2-2 of the City Code. 2\. Private kennel licenses do not confer any property rights upon the licensee, and the issuance of said licenses do not assume that future licenses will be granted. Licenses will be issued for a set number of dogs (maximum ten (10) dogs), which shall not be exceeded. Licensees who wish to add a dog/dogs shall need to obtain a new private kennel license. A licensee who relocates to another area of the City shall also need to obtain a corrected private kennel license. Licenses are not assignable to other parties. 3\. The term for a private kennel license shall be one (1) year. 4\. Upon receipt of a complaint against the kennel licensee, the licensee authorizes City staff to perform an inspection of the kennel for the purpose of determining compliance with the conditions of their license. 5\. No party, person, dwelling, or other entity will be allowed more than one (1) private kennel license. B. Commercial Kennel License: 1\. No person shall maintain a commercial kennel in the City without first securing a license from the City Council. The fee for the license shall be as established by Section 1-2-2 of the City Code. 2\. Prior to the issuance of a commercial kennel license from the City Council, a hearing before the Planning & Zoning Commission must be held. Notice must be given to all affected property owners within one quarter (1/4) mile of the outside dimensions of the parcel where the kennel is contemplated. The Planning & Zoning Commission will make a recommendation to the City Council on the request. The initial term for the kennel license shall be one (1) year; subsequent licenses, if so granted, will also be for a term of one (1) year if no nuisance complaints have been received at the City within the previous twelve (12) months relating to the dogs being kept on the property.   3\. Outdoor animal exercise shall be conducted within the confines of the property under the direct supervision of their owners or commercial kennel staff. 4\. Indoor housing facilities must be structurally sound with ample heat, light, ventilation and sound control suitable for the surrounding conditions. 5\. Dogs kept outside must have continual access to a shelter to protect them from the elements. All dogs shall have access to indoor housing from the hours of 9:00 p.m. to 7:00 a.m. 6\. Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a comfortable condition. 7\. Licensees authorize City staff to perform periodic inspections of the kennel for the purpose of determining compliance with the conditions of their license. 8\. As per Minnesota Statutes 346.39 - Subd. 12 - Wastes must be disposed of properly; where applicable, flushing methods and a disinfectant must be used periodically. Disposal facilities are to be provided to minimize virus infestation, odors and disease hazards. Accumulations of feces shall be located at least two hundred (200) feet from any well. All accumulations of feces shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. 9\. The City Council reserves the right to issue additional conditions on a case-by-case basis in order to maintain the public repose. 10\. All applicable City, County and State laws pertaining to the operation of a commercial kennel business are hereby incorporated by reference. (Ord. #15, adopted July 12, 2011) 3-2-6: DOG ENCLOSURES/SHELTERS: It is the purpose of this Section to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. A. Placement: A dog enclosure shall not be placed closer than forty (40) feet from an adjacent residential dwelling or principal structure and at least twenty (20) feet from the side and thirty-five (35) feet from the rear lot lines. No dog enclosure shall be placed closer to the centerline of the road than the nearest point of the main structure.   B. Sanitation requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. C. Applicability of Section: This Section shall be applicable to all dog enclosures constructed after January 1, 2004, the effective date of this Section. Any pre- existing dog enclosure that the City Council receives a complaint on which is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this Section by notice of compliance being given by the City Council or their duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be violation of this Section. D. As per Minnesota Statutes 346.39 Subd. 4 - Shelter Size: A confinement area must provide sufficient space to allow each animal to turn about freely and to easily stand, sit, and lie in a normal position. Each confined animal must be provided a minimum square footage of floor space as measured from the tip of its nose to the base of its tail, plus 25 percent, expressed in square feet. The formula for computing minimum square footage is: (length of animal plus 25 percent) times (length of animal plus 25 percent), divided by 144. A shaded area must be provided sufficient to protect the animal from the direct rays of the sun at all times during the months of May to October. (Ord. #15, adopted July 12, 2011) 3-2-7: NUISANCE: The owner of any animal shall prevent it from committing any act which constitutes a public nuisance. It is a public nuisance for any animal to: A. Bark, bay, cry, howl or make any other noise repeatedly over at least a five (5) minute period of time, with a thirty (30) second or less lapse of time between each animal noise during the five (5) minute period. B. Commit damage to the person or property of anyone other than the owner except as shall be committed in the defense of such owner, or in the defense of their family, or in the defense of their property. C. Snarl at persons, bite persons or other animals, or habitually exhibit vicious tendencies, molest or annoy any person away from the property of the owner, or to damage, defile or destroy public or private property. D. Run at large. 1\. An animal is considered to be at large if off the premises of the owner and is: a. Not on a leash held by a responsible person of sufficient age to adequately control the animal at all times, or   b. Not accompanied by and under the direct control of such responsible person so as to be effectively restrained by command. 2\. A dog shall not be determined to be at large if: a. Lawfully engaged in wild game hunting and is under the control of its owner or other responsible person, or b. When engaged in obedience training and is under the control of its owner or other responsible person. 3\. Dogs that are on or directly adjacent to all athletic fields or parks must be leashed. Owners are required to clean up and dispose of their pet's excrement. If any animal is running loose on the owner's property and runs onto adjacent public or private properties and does not respond to a person, then the animal is considered "at large". E. Chase vehicles or interfere with persons walking, horseback riding, or persons driving automobiles, bicycles, motorcycles, motorbikes, snowmobiles, or other vehicles on public grounds, streets or highways. (Ord. #15, adopted July 12, 2011) 3-2-8: INCORPORATION: This Section expressly adopts and incorporates the provisions of Minnesota Statutes Sections 347.50 - 347.565. When the provisions of this Section impose greater restrictions than those of any other statute, ordinance, rule or regulation, the provisions of this Section shall be controlling. Where the provisions of any other statute, ordinance, rule or regulation impose greater restrictions than this Section, the provision of such statute, ordinance, rule or regulation shall be controlling. (Ord. #15, adopted July 12, 2011) 3-2-9: DANGEROUS DOGS: A. Designation. The Animal Control Authority or Hearing Officer shall designate any dog as a Dangerous Dog upon receiving evidence that the dog meets any of the criteria of applicable state law or the definition of Dangerous Dog in Section 3-2-1 of this Section. 1\. Notice. a. Upon a designation that a dog is Dangerous, the Animal Control Authority shall provide a written Notice of Dangerous Dog to the Owner of record or, if none, to any Owner of such dog by personally serving the Owner or a person of suitable age and discretion at the residence of such Owner or by mailing said written   notice to the Owner of such dog. Service upon any Owner shall be effective as to all Owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and include the following: (1) Description of the dog deemed to be Dangerous; (2) The factual basis for that determination; (3) The identity of the official who made the determination and the authority by which such determination was made; and (4) If the dog was seized, the address and telephone number of the contact person where the dog is kept. b. The Notice shall also set forth the registration requirements and other restrictions imposed upon a Dangerous Dog under this Section or Minnesota Statutes Chapter 347. C. The Notice shall also advise the Owner(s) that they have fourteen (14) days to appeal the determination by requesting a Hearing before the Hearing Officer, and shall include a pre-printed form which the Owner can use to request a hearing. The request for a Hearing shall be made directly to the Animal Control Authority, and must be submitted in writing. d. The Notice shall state that if the owner does request a hearing, the owner must immediately comply with Minn. Stat. 347.52, subdivisions (a) through (c) until such time as the Hearing Officer issues an opinion. The notice shall further state that if the Hearing Officer confirms the dangerous dog declaration, the owner will have fourteen (14) days from receipt of the decision to comply with all other dangerous dog requirements found in Minn. Stat. 347 or this Section. e. The Notice shall state that if the Owner does not request a Hearing within the allotted fourteen (14) days, the designation of Dangerous Dog as issued in the written Notice of Dangerous Dog will stand, and the Owner will be subject to all restrictions and requirements as set forth in the Notice by the Animal Control Authority. f. The Notice shall also state that all actual costs of care, keeping and disposition of the dog as well as all actual costs related to any requested review or hearing are the responsibility of the person claiming an interest in the dog, except to the extent a court or   hearing officer finds the seizure or impoundment was not substantially justified by law. # 2. Hearing: a. If an Owner, within fourteen (14) days of the date of the Notice, requests a Hearing for determination as to the Dangerous nature of the dog, the Hearing shall be held before a Hearing Officer within fourteen (14) days after the Animal Control Authority is notified of the Owner's request for a Hearing. The Hearing Officer may allow the Hearing date to be extended beyond the fourteen (14) day period for good cause. Any dog Owner who requests such a Hearing is liable to the City for all costs and expenses related to the Hearing. b. Pending the Hearing, the dog may be seized and kept at animal control unless the Owner shows proof that the dog is properly licensed, if required; has met the requirement for rabies vaccinations; keeps the dog only in a Proper Enclosure unless restrained on a leash with a muzzle; and otherwise demonstrates to the Animal Control Authority that the dog, under its present circumstances, does not present an unreasonable risk of harm to persons or other domestic animals. C. The records of the Animal Control Authority, any police reports relating to an attack or bite, medical records, and all reliable hearsay shall be admissible for consideration by the Hearing Officer without further foundation. d. The Animal Control Authority shall be represented by the Animal Control Authority or a representative appointed by the City Council. The Owner may be represented by private legal counsel of the Owner's choosing, although the Owner does not have the right to an attorney at public expense. e. At the Hearing, both the Owner and the Animal Control Authority may present the testimony of live witnesses, cross-examine witnesses, and present documentary evidence. The Animal Control Authority, and the dog's Owner, may apply to the District Court for subpoenas for Hearings. f. The burden of proof shall be upon the Animal Control Authority. The standard of proof shall be clear and convincing evidence if the Authority seeks to destroy the dog; in all other cases it shall be by a preponderance of the evidence.   g. After considering all evidence pertaining to the dog, the Hearing Officer shall make such order as he/she deems proper, including ordering the Animal Control Authority to take the dog into custody, if the dog is not currently in custody. The Hearing Officer must issue his/her order within ten (10) days after the hearing. h. Any person who fails or refuses to release a dog to the Animal Control Authority or law enforcement agent upon demand, or after it has been found by a Hearing Officer to be Dangerous and ordered into custody, shall be guilty of a misdemeanor. 3\. Authority to order destruction. The Hearing Officer, upon finding that a dog is Dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that each of the following criteria are present: a. The dog is Dangerous, as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; and b. The Owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and C. The Owner cannot, will not, does not, or otherwise refuses to provide proof of the liability insurance for the dog as required by Section 3-2-9.B.3.a of this Section. 4 The decision of the Hearing Officer is a quasi-judicial determination that is subject to review by writ of certiorari to the Minnesota Court of Appeals. 5\. The Owner or person claiming an interest in the dog is liable for all actual costs of care, keeping, and disposal of the dog as well as all actual costs related to any review or hearing as allowed by law, except to the extent that a court or Hearing Officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the City and the person claiming an interest in the dog, before the dog is returned to the person. 6\. Exemption. A dog may not be declared Dangerous if the threat, injury, or damage was sustained by a person who: a. Was committing, at the time, a willful trespass or other tort upon the premises occupied by the Owner of the dog; or   b. Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or C. Was committing or attempting to commit a crime against the Owner or the Owner's property. 7\. Review of designation. Beginning one (1) year after a dog is declared a Dangerous Dog; an Owner may request annually in writing that the Animal Control Authority or the Hearing Officer review the designation. The Owner must provide evidence that the dog's behavior has changed due to the dog's age, sterilization, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Animal Control Authority or Hearing Officer finds sufficient evidence that the dog's behavior has changed, the Authority may rescind the Dangerous Dog designation. If a review of designation is conducted by the Hearing Officer, the burden of proof shall be upon the dog's Owner and the standard of proof is clear and convincing evidence. If a review is conducted the person requesting the review is responsible for all actual costs incurred by the City, the Animal Control Authority, or the Hearing Officer in performing the review. B. Registration: 1\. Requirements. For any dog determined or declared to be Dangerous by operation of this Section, state statute, court order, ordinance or regulation from another jurisdiction, or valid declaration from an Animal Control Authority, the dog shall, at all times during the dog's life, be registered as a Dangerous Dog pursuant to this Section or state law. 2\. Registration. No person may own or possess a Dangerous Dog in this City unless the dog is registered as provided in this Section or applicable state law. All dogs deemed Dangerous by the Animal Control Authority or Hearing Officer, as applicable, shall be registered as a Dangerous Dog with the Animal Control Authority within thirty (30) days after the date the dog was so deemed. 3\. Registration requirements. The Animal Control Authority shall issue a Certificate of Registration to the Owner of a Dangerous Dog only if the Owner presents sufficient evidence that all of the following are met: a. The Owner provides and maintains a Proper Enclosure for the Dangerous Dog, as defined in Section 3-2-1 of this Section; and b. The Owner posts clearly visible warning signs, understandable to children, that there is a Dangerous Dog on the property. These   warning signs must be posted on the front and the rear of all buildings on the property and upon the Proper Enclosure for the dog. The warning signs must meet the requirements set forth in Minnesota Statute Section 347.51, and Section 3-2-9.C of this Section; and C. The Owner provides, and annually shows proof of, public liability insurance pre-paid in full in the minimum amount of five-hundred thousand dollars ($500,000.00) per person and one-million dollars ($1,000,000.00) per incident, payable to any person or persons 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 five-hundred thousand dollars ($500,000.00) per person and one-million dollars ($1,000,000.00) per incident insuring the Owner for any personal injuries inflicted by the Dangerous Dog; and d. The Owner pays the annual registration fee set forth by Section 1- 2-2 of the City Code in accordance with Section 3-2-9.B.5 of this Section; and e. An identification microchip was implanted in the dog as required under Minnesota Statutes Section 347.515 and Section 3-2-11 of this Section; and f. The dog must have a lifetime license, if required, and must be up to date on all vaccinations including rabies; and g. The dog must be sterilized. If not done within thirty (30) days, Animal Control Authority shall seize the dog and have it sterilized at the owner's expense. 4\. Release. If a Dangerous Dog was impounded by the Animal Control Authority, or upon order of a Hearing Officer, the dog shall not be released until the Owner demonstrates to the Animal Control Authority that all applicable requirements of this Section, including all registration requirements imposed by this Section or applicable state law, have been complied with. The Owner shall have a maximum of thirty (30) days to comply with all requirements. The Owner must pay the City for all costs incurred in the seizure and boarding of the dog prior to its return. 5\. Fee. The City will charge the Owner of a Dangerous Dog an annual fee, in addition to any regular dog licensing fees, to obtain a Certificate of Registration for a Dangerous Dog under this Section. This annual fee will be set by the Council following a public hearing, in an amount not to   exceed five-hundred dollars ($500.00) pursuant to Minn. Stat. 347.51, subd. 2. ## 6. Revocation. a. Any Certificate of Registration for a Dangerous Dog may be revoked, following Hearing, if the Owner fails to maintain compliance with any registration requirement, or fails to keep or maintain the Dangerous Dog as required by any provision of this Section or applicable state law. The provisions of Sections 3-2-12 and 3-2-13 of this Section, applicable to the seizure and disposition of dogs, shall apply. b. The Animal Control Authority shall serve upon the Owner a written Notice setting forth the alleged reasons why the dog is not being kept in conformance with this Section, and shall also notify the Owner of the date, time, and location of the Hearing. Any Hearing to revoke a Certificate of Registration shall be held before a Hearing Officer within twenty (20) days of the date of the Notice, and shall comply with all the requirements as set forth in Section 3- 2-9.A.2 of this Section. The Hearing Officer may allow the Hearing date to be extended beyond the twenty (20) day period for good cause. C. If a Dangerous Dog Certificate of Registration is revoked following Hearing, the Hearing Officer shall order the dog disposed of immediately or, in the alternative, permit the Owner a reasonable time period, not to exceed thirty (30) days, to obtain the dog if the Owner is in compliance with all registration requirements. 7\. Registration renewal. An Owner of a Dangerous Dog shall renew the registration of the dog annually until the dog is deceased. C. Death or relocation of Dangerous Dog. An Owner of a Dangerous Dog shall notify the Animal Control Authority, in writing, of the death of the dog, or if the dog relocates or transfers out of the City to a new location or new jurisdiction, within thirty (30) days of the death or relocation. An Owner shall, if requested by the Animal Control Authority, execute an affidavit, under oath and penalty of perjury, 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 was transferred. D. Sale or transfer of Dangerous Dogs. A person who sells or otherwise transfers ownership or control of a Dangerous Dog must notify any potential purchaser or transferee, prior to the consummation of the transaction, that the dog was previously designated 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. E. Requirements: 1\. For any dog declared Dangerous by operation of this Section, state statute, court order, an ordinance or regulation from another jurisdiction, or by operation of a declaration by an Animal Control Authority, the Owner, in addition to complying with all the registration requirements set forth under Section 3-2-9.B of this Section, shall keep and maintain the dog pursuant to all requirements of this subsection, all other provisions of this section, and all requirements of any applicable state statute. 2\. An Owner of a Dangerous Dog shall keep the dog, while on the Owner's property, in a Proper Enclosure as defined by Section 3-2-1 of this Section. The dog shall, at all times, be kept in such Proper Enclosure unless the dog is, at any and all times the dog is outside a Proper Enclosure, muzzled and restrained by a substantial chain or leash not to exceed six feet (6 ft.) in length and under the physical restraint of a responsible person eighteen (18) years of age or older. The muzzle, chain, and leash must all be of such a design, manufacture, and maintained in a condition 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. 3\. A person who owns a Dangerous Dog and who rents property from another where the dog will reside shall disclose to the property owner prior to when the dog begins to reside on the property, or 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. 4\. If the City issues a Certificate of Registration to the Owner of a Dangerous Dog pursuant to this Section, the City must provide, for posting on the Owner's property, an adequate number of a warning symbol to inform all persons, including children, that there is a Dangerous Dog on the property. The design of the warning symbol must be uniform with any specifications for such a sign as issued by the Minnesota Commissioner of Public Safety, if any, and shall otherwise be obtained by the City from the Commissioner of Public Safety. The City will charge the Owner a reasonable fee to cover its administrative costs and the cost of the warning symbol. 5\. A Dangerous Dog registered under this section shall have a standardized, easily identifiable tag identifying the dog as Dangerous and containing the uniform Dangerous Dog symbol, as developed by the Commissioner of   Public Safety or the Animal Control Authority, affixed to the dog's collar at all times. 6\. The Owner of a Dangerous Dog shall permit the Animal Control Authority and/or Law Enforcement to enter the property where a Dangerous Dog is kept or located, at all hours reasonable under the circumstances, without a warrant or other advance judicial process, to inspect the premises so as to ensure compliance with the provisions of this Section, applicable state statutes, order from a hearing officer, or directive from the Animal Control Authority. The failure of an Owner to permit such inspection is, by itself, a ground to immediately seize the dog pursuant to Section 3-2-12 of this Section and revoke the Dangerous Dog registration pursuant to Section 3- 2-9.B.6 of this Section. 7\. If, in reviewing the conditions for keeping a Dangerous Dog there have been no ordinance violations for a period of two (2) years, the Animal Control Authority or Hearing Officer may use discretion in determining whether the conditions set forth above are still required. (Ord. #15, adopted July 12, 2011)

Ch.3 § 2-2

Amendment history