DOGS

AN ORDINANCE ESTABLISHING CHAPTER 84 OF THE CITY CODE OF THE CITY OF GRANT REGULATING DOGS WITHIN THE CITY, INCLUDING THE KEEPING THEREOF.
 

The City Council of the City of Grant does hereby establish Chapter 84 of the City Code of the City of Grant, and does hereby ordain as follows:

Sec. 84.1.     Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Abandoned means to leave a dog or other domestic animal at large within the City without intending to return to or recover it.  It shall also mean to purposefully leave a dog or other domestic animal in the possession of the Animal Warden to avoid paying impoundment and/or boarding costs.

Altered means any female dog that has been spayed or any male dog that has been castrated.

Animal Control Officer means the City Council and/or any persons or agencies designated by the City Council.  The Animal Control Officer's primary function involves enforcement of this Ordinance and other laws dealing with dogs.  The Animal Control Officer shall also be construed to include any licensed law enforcement officer.

Animal Warden means any person or agency designated by the City Council to house, hold, confine, or board dogs seized and/or impounded herein.  The Animal Warden shall be appointed and serve at the pleasure of the City Council.

At large means off the premises of the owner and not under the physical control (by leash or by voice) of the owner, a member of the owner's immediate family, or a person designated by the owner.

Dangerous Dog and Potentially Dangerous Dog have the meanings ascribed to those terms by M.S. 3_47.50, and specifically as follows:

A. "Dangerous Dog" means any dog that has:

1. Without provocation, inflicted substantial bodily harm on a human being on public or private property;
 
 

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 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 noticed that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.

 B. "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 approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or,

 3. Has a known propensity, tendency, or disposition to attack, unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

 The terms "dangerous dog" and "potentially dangerous dog" shall also be construed to include similar classifications from other statutes or ordinances which are substantially in conformity with Minnesota Statutes 3_47.50, whether or not the same words are used.

 Kennel, Commercial means any place where four (4) or more of any type of dog, over four (4) months of age, are boarded, bred, trained or offered for sale.

 Kennel, Private means any place where four (4) or more of any type of domestic dog, over four (4) months of age, are owned by any member or members of the household.

 Owner means any person or the parents or guardians of a person under eighteen (18) years of age who owns, harbors, keeps or has custody of a dog.

 Person means any individual, partnership, corporation, firm, or group, however organized.
 

Sec. 84.2.     Exemptions.

 Except where duties are expressly stated, this article does not apply to hospitals, clinics, and other premises operated by licensed veterinarians exclusively for the care and treatment of dogs.
 
 

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Sec. 84.3 Animal Control Officer.

 The Animal Control Officer shall have police powers necessary for enforcement of this chapter, including authority to issue complaints for violations.
 

Sec. 84.4.      Animal Warden.

 The City Council may appoint an Animal Warden and establish compensation for said position.  Such person or agency shall serve at the pleasure of the City Council.  The City Council shall annually review the work and compensation of the Animal Warden.  No person or agency shall be appointed Animal Warden unless that person or agency has a microchip scanner for use in the identification of animals using such means of identification.
 

Sec. 84.5.      Interference With Enforcement.

 No unauthorized person shall break open the Animal Warden's pound or attempt to do so, or to take or let out any animals therefrom, or to take or attempt to take from any Animal Control Officer or Animal Warden any dog taken up by him in compliance with the City Ordinance or Statute, or in any manner to interfere with or hinder such Animal Control Officer or Animal Warden in the discharge of their duties.
 

Sec. 84.6.      Kennels.

 It shall be unlawful to operate a commercial kennel or private kennel within the City, except according to the terms and conditions contained within the City's Zoning Code.
 

Sec. 84.7.      Rabies Inoculation of Dogs.

 All dogs in the City over the age of six (6) months shall be inoculated for rabies and shall be re-inoculated according to standard veterinary practices thereafter.  Such vaccination must be performed by or under the direct supervision of a veterinarian duly licensed to practice veterinary medicine in the state in which the vaccine is administered.  A certificate from the veterinarian inoculating said dogs shall be exhibited to the Animal Control officer and/or Animal Warden upon demand as written proof of such vaccination.

 Each dog shall wear a sturdy collar for aid in identification with the veterinarian's metal tag showing proof of said current rabies inoculation.  At the owner's discretion, an implanted microchip may be used in lieu of the collar and tag if the
 
 

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microchip identification numbers are placed on file at the American Kennel Club.
 

Sec. 84.8.       Animal Bites and Animals Exposed to Rabies.

 (a) Any law enforcement officer or Animal Control Officer may enter upon the private property of any person while in pursuit of any dog under probable cause to believe that such dog has bitten a person or animal, or that such dog is rabid.

 (b) Subsection (a) notwithstanding, whenever any person who owns, possesses or harbors any dog within the City learns that the dog has bitten any human being, such person shall immediately quarantine such dog for a period of at least ten (10) days, keeping it apart from other animals until it is determined whether the dog has rabies.  The quarantine may be by the person owning the dog if such dog has a current rabies vaccination at the time the bite occurred.  If the dog does not have a current rabies vaccination at the time the bite occurred, the dog must be impounded at a licensed pound or with a licensed veterinarian at the owner's expense.  After the required ten (10) day quarantine, the dog shall be examined by a licensed veterinarian to insure that there are no clinical signs of rabies.  If the dog is found to be rabid, it shall be humanely euthanized.

 (c) If the dog owner cannot be located or advised of the dog bite within eight (8) hours of the occurrence, or if the owner fails to quarantine the dog as required by this Ordinance, the Animal Control Officer shall cause the dog to be impounded and so quarantined.  After the required ten (10) day quarantine, if the dog is still unclaimed, the dog shall be humanely euthanized and tested for rabies; if claimed, the dog shall be examined by a licensed veterinarian to insure there are no clinical signs of rabies.  If no signs of rabies are observed, the dog can be released to the owner as specified in Section 84.14 of this Ordinance.  If the dog is found to be rabid, it shall be humanely euthanized.

 (d) The Animal Warden, Animal Control officer, or other designate of the City shall have the authority to verify if the dog is properly quarantined.  Any veterinarian quarantining an animal shall notify the Animal Warden before the release of such animal.

 (e) Any dog known to have been bitten by a rabid dog or exposed to rabies shall be impounded.  If, however, the dog is at large and cannot be apprehended after reasonable effort, the dog may be immediately destroyed.  After impoundment, if proof of rabies immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner, the dog may be released to the owner as specified in Section 84.14 of this Ordinance.  If it cannot be proven that the animal has a current
 
 

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rabies immunization, the owner may, at his discretion, make provision for a suitable quarantine for a period of not less than six (6) months.
 

Sec. 84.9.      Running at Large Prohibited.

 No person shall allow a dog to run at large at any time.

Sec. 84.10.     Abandonment Prohibited.

 No person shall abandon any dog, or other domestic animal, within the City.

Sec. 84.11.     Nuisances.

 (a) The following are public nuisances and unlawful:

 (1) Any dog that damages property (that is not the property of the owner), including plantings, lawns or structures, or that deposits fecal matter off of the owner's property that the owner fails to remove promptly.

 (2) Any dog that, without provocation, chases, molests or approaches any person in a threatening manner upon the streets, sidewalks, right-of-way, or any public property, or habitually chases automobiles on the public streets or highways.

 (3) Any dog that is kept under unsanitary and/or inhumane conditions such that the maintenance or keeping of the animal creates odors to the annoyance of the public in the vicinity.

 (4) Any dog that kills or attacks another animal or livestock without provocation while off the owner's property.

 (5) The owning, keeping, or harboring of any dog which shall by any noise, unreasonably and/or excessively disturb the peace and quiet of any person in the vicinity.  The phrase "unreasonably and/or excessively disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by a dog which can be heard by any person, including an Animal Control Officer or law enforcement officer, from a location off the dog owner's property where the dog is being kept, and which noise occurs repeatedly over at least a five
 
 

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(5) minute period of time with one (1) minute or less lapse of time between each animal noise during the five (5) minute period.  This provision shall not apply to dogs that are responding to trespassers or to dogs that are teased or similarly provoked to bark.

 (b) Any person may, by telephone, notify the City Clerk, Animal Control Officer, or law enforcement officer of an alleged violation of this Ordinance.  A telephone call does not, however, constitute a formal complaint to initiate the citation process.  All formal complaints shall be submitted in writing to the attention of the City Clerk, or other elected City Official, and shall describe the dog, state the acts committed by the dog, the name and address of the person owning or harboring the dog, and the name and the address of the person making the complaint.  The City Clerk shall then promptly notify the person owning or harboring the dog of the acts complained of, either by letter or door tag, and shall request that the nuisance be abated or eliminated within a specified time period.  The City Clerk shall also cause the Animal Control Officer or law enforcement officer to investigate and file a report on the complaint.

 (c) Upon receipt of a second complaint of a violation of this Ordinance, the City Clerk, or other elected City Official, shall cause the Animal Control Officer or law enforcement officer to investigate and file a second report on the complaint.  If the offense is corroborated by the investigation, the City Clerk shall, by certified letter, notify the person owning or harboring the dog of the violations complained of, and require that the nuisance be abated or eliminated within twenty-four (24) hours or some other reasonable time specified in the letter.  A copy of the letter shall be mailed to the Animal Control Officer and a copy shall be mailed to the person making the complaint.

 (d) If the owner fails to take corrective action within twenty-four (24) hours (or within the time specified in the letter), the City Clerk shall contact the appropriate law enforcement agency and/or the City Attorney, inform them of the alleged violation, and request that-- the owner be cited.
 

Sec. 84.12.    Dangerous Dog Prohibition.

 (a) It shall be illegal for any person to own, keep, possess or harbor any dog that has been declared a dangerous dog or potentially dangerous dog.  This prohibition shall apply whether said declaration has occurred in the City or in some other jurisdiction.  This prohibition shall also apply whether said declaration was made pursuant to M.S. 3_47.50 or pursuant to another statute or ordinance which is substantially similar to M.S. 3_47.50.
 
 

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  1. If a dangerous dog or potentially dangerous dog has bitten a person, then the dog shall first be quarantined according to the provisions of Section 84.8. Following said quarantine period, then the provisions of paragraphs (a) 2 & 3 of this Section shall apply.

  2. The Animal Control Officer or law enforcement officer shall immediately seize and impound any dangerous dog or potentially dangerous dog that is found within the City.  The dog will be kept no fewer than ten (10) calendar days.  The owner has until the end of this time period to provide written verification that the dog will be legally removed from the City, or that the dog will be euthanized.  The owner must pay all associated impounding and boarding costs prior to the release of the dog.  Upon its release, the dog shall be immediately transported to a location outside of the City, or to a proper facility to be euthanized.

  3. Any such dog that is not properly claimed within ten (10) calendar days shall be humanely euthanized.  The owner of the dog that is euthanized shall be responsible to pay the impounding, boarding and euthanization costs.

 (b) This section shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities.
 

Sec. 84.13.    Females in Heat.

 Every female dog in heat shall be confined in a building or other secure enclosure in such manner that such female cannot come in contact with another dog, except for the express purpose of planned breeding, or shall be controlled on a leash while being exercised.
 

Sec. 84.14.     Seizure of Dogs: Impounding.

 Any person may seize, impound, or restrain any dog found running at large.  Any person or officer (other than the Animal Warden) impounding or restraining such dog shall immediately deliver the same to the Animal Warden.  If the animal is collarless, the Animal Warden shall immediately ascertain whether the dog has a tattoo or embedded microchip as a means of identification.  The Animal Warden shall thereupon give notice to the owner of the impoundment or, if the owner is unknown, or cannot reasonably be reached, shall post notice of the impoundment at the City Hall (and at such other places as may be designated by the City Council)  If such dog is not claimed within ten (10) calendar days of such posted notice and all fees and charges paid, the
 
 

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Animal Warden shall deliver said dog to the custody of the St. Croix Animal Shelter (or any successor organization) . Any dog restrained or impounded shall receive humane treatment and sufficient food, water and shelter.
 

Sec. 84.15. Sanitation.

Any person who owns, keeps or harbors any dog, must remove all dog feces, on a daily basis, from all enclosed dog runs or kennels, and must remove, on a daily basis, any accumulations of dog feces which are visible from any location outside the borders of that person's property.
 

Sec. 84.16. Impounding and Boarding Fees.
 

 (a) The Animal Warden may charge such reasonable impounding fees for the care and board of any dog restrained or impounded and any and all such fees so imposed shall be paid to the Animal Warden at the time of reclaiming the dog.  The City Council shall annually review all fees so imposed by the Animal Warden to determine their reasonableness, and may, by resolution, impose such additional fees reasonably related to the necessary and reasonable expenses incurred by the City for the capture, transportation, and/or care of impounded dogs.  All such fees must be paid to the Animal Warden prior to release of the animal.  The Animal Warden shall issue a receipt to the owner evidencing such payment.

 (b) In the case where any dog has been impounded whose rabies vaccination is not current, said dog shall not be released unless the owner first obtains written evidence, from a licensed veterinarian, that arrangements have been made to have the dog vaccinated upon its release.  Any written evidence submitted pursuant to this provision shall be deemed inadmissible in any criminal court action against the owner of the dog.
 

Sec. 84.17. Coordination With Veterinarians.

 The City may enter into Agreements with veterinarians to assist in the administration of the provisions of this Ordinance.  Said agreements shall insure that an orderly system is set up to coordinate the vaccination, impoundment, quarantine, and/or euthanization, as needed, of dogs within the City.  Said agreement shall also provide for a reasonable method of compensating veterinarians for the services that they provide to the City.
 
 

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Sec. 84.18. Constitutionality.

 If any portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
 

Sec. 84.19. Penalty.

 Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be subject to penalties at law therefore including payment of restitution as determined by the court.

Sec. 84.20. Repeal.

 Ordinance number 39, passed by the Town Board on December 10, 1974, and Ordinance number 52, passed by the Town Board on May 3, 1983, are hereby repealed in their entirety.

Sec. 84.21.    Effective Date.

 This Ordinance shall be in full force and effect from and after its passage and publication, according to law.
 

 Passed and adopted by the City Council of the City of Grant, Washington County, Minnesota, this 6th day of October, 1998.
 

Gary Erichson, Mayor
 

Attest:
Stephanie Marty, City Clerk