Section 1025 - Animal Control
Section 1025:00. Definitions.
Subd. 1. Unless the context clearly indicates otherwise, the words, combinations of words, terms and phrases, as used in Section 1025:00 et seq., shall have the meanings set forth in the subdivisions of this section which follow.
Subd. 2. Owner. Any person owning, keeping, harboring, or maintaining an animal within the City or permitting such animal to be at large within the City. An animal shall be deemed to be harbored if it is fed or sheltered for seven (7) days or more. eff. 7/3/07
Subd. 3. Own. Own, keep, harbor, or maintain an animal within the City or permit such animal to be at large within the City. eff. 7/3/07
Subd 4. Animal. Any domesticated dog or cat.
Subd. 5. Control. Any animal shall be deemed to be under control when on the premises of its owner, on a leash, or accompanied by its owner, if responsive to commands, provided, however, that any animal in a public park shall only be deemed to be under control when such animal is attached to a leash held by the owner or the owner's agent.
Subd. 6. Running at Large. Any animal not under control as hereinabove defined.
Subd. 7. Habitual. Steady, much done, inveterate, usual or frequently.
Subd. 8. Household. Household means a single family residence or single unit of a town home, condominium, apartment, or mobile home. eff. 7/3/07
Section 1025:03. Number of Animals Permitted; Prohibition. eff. 7/3/07
Subd. 1. No person may own, keep, harbor, or maintain at one (1) household more than three (3) dogs over five (5) months of age.
Subd. 2. No person may own, keep, harbor, or maintain at one (1) household more than five (5) cats over five (5) months of age.
Subd. 3. No person may own, keep, harbor, or maintain at one (1) household any combination of dogs and cats over five (5) months of age exceeding a total of five (5) in number, no more than three (3) of which may be dogs.
Subd. 4. It is the express intent of the City Council that the purpose of this section is to clarify the limitation on the number of animals permitted.
Section 1025:05. Vaccination Required.
Subd. 1. No owner shall keep, harbor or maintain any animal over five (5) months of age within the corporate limits of this municipality unless it has been vaccinated for rabies and wears a metal tag indicating the year of vaccination.
Section 1025:20. Tags.
Subd. 1. The shape and color of the vaccination tag shall be as prescribed in the schedule of the National Association of State Public Health Veterinarians, Inc. Every owner shall be required to provide each animal with a collar to which the tag must be affixed, and shall see that the collar and tag are constantly worn by the animal. Tags shall not be transferrable from one animal to another.
Subd. 2. Offenses Involving Tag. No person shall counterfeit or attempt to counterfeit the vaccination tags nor take from any animal a tag legally placed upon it by its owner, with the intent to place such tag upon another animal.
Section 1025:25. Running at Large Prohibited. No animal shall be permitted to run at large at any time within the corporate limits of this municipality. No animal of fierce, dangerous or vicious propensities, and no female animal in heat shall be allowed on the premises of one other than the owner of such animal at any time, unless on a leash. If any animal is found running at large, such animal shall be taken up and impounded and shall not be released except upon approval of the Animal Control Officer after payment of the required fee; provided, however, that if any dangerous, fierce or vicious animal so found running at large cannot be safely taken up and impounded, such animal may be slain by any police officer.
Section 1025:30. Animal Pens and Premises Kept Clean. An animal owner shall keep any animal houses or enclosure on his premises clean, sanitary and free from animal odors and filth which would tend to become or constitute a nuisance to one (1) or more property owners situated nearby.
Section 1025:35. Obligation to Prevent Nuisances. It shall be the obligation and responsibility of the owner or custodian of any animal in the City, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. For purposes hereof, the Council finds, declares and determines that it shall be deemed a nuisance for any animal to habitually or frequently bark, bay, howl or cry to the detriment of the peace and quietude of neighbors of its owner or custodian or the public in general, to frequent school grounds, parks or public beaches, to chase vehicles, to molest or annoy any person if such person is not on the property of the owner or custodian of such animal or to molest, defile or destroy any property, public or private. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall be subject to the penalty hereinafter provided.
Section 1025:40. Establishment of Pound and Designation of Animal Control Officer. The Council shall establish a pound and a qualified Animal Control Officer shall be hired by the Council who shall attend to the maintenance of said pound and be responsible for the enforcement of this ordinance. The Animal Control Officer shall be responsible to the Chief of Police.
Section 1025:45. Interference with Officers. No unauthorized person shall break open the pound nor attempt to do so nor take or let out nor attempt to take or let out any animals therefrom nor take or attempt to take from any Animal Control Officer or police officer any animal taken up by said Animal Control Officer or police officer in compliance with this ordinance nor in any manner interfere with or hinder such Animal Control Officer or police officer in the discharge of duties.
Section 1025:50. Impounding.
Subd. 1. Animals found running at large shall be impounded as soon as possible by the Animal Control Officer or by his assistant, if any, or by a police officer, if the Animal Control Officer or his assistant is not available, or by any person on whose premises the animal may be at large. If, after exercising reasonable efforts, the Animal Control Officer or his assistant or a police officer is unable to capture an animal which is not wearing a vaccination tag, or is unable to capture a vicious animal whether or not the vicious animal wears a tag, then any policeman shall have the right to shoot such animal within the corporate limits of this municipality, having due regard for the safety of persons and property which might otherwise be injured by gunfire. The Animal Control Officer, upon receiving any animal, shall make a complete registry entering the breed, color and sex of such animal, and the name and address of the owner if known.
Subd. 2. Any person, not the Animal Control Officer or a police officer of this municipality, impounding or seizing any animal so found running at large upon the premises of another, shall, within six (6) hours thereafter notify the Animal Control Officer of said impounding, whose duty it shall be to call for such animal and impound it in the Official Pound. Any person, not an officer of this municipality, seizing or picking up any animal running at large on their premises or the premises occupied by them shall not keep the animal any longer than six (6) hours without notifying the Animal Control Officer or surrendering it to the owner. If the name of the owner of such animal so seized or impounded is known to the person who first takes such animal into custody, he or she shall inform the Animal Control Officer of the name of the owner and the address, if known. The authority given to any person, not the Animal Control Officer or a police officer, to impound or seize any animal so found running at large upon the premises of another, is discretionary, and in the execution thereof, said persons shall not be deemed to be the agent or employee of this municipality, nor shall this municipality be held responsible or liable for the consequences of any person so acting.
Section 1025:55. Notice to Owners and Redemption.
Subd. 1. After the impounding of any animal, the owner shall be notified, if the ownership is known by the Animal Control Officer. The owner of any animal so impounded may reclaim such animal upon payment of the impound fee, and of all costs and charges incurred by this municipality for impounding and maintenance of said animal. All veterinarian expenses incurred for such animal under this ordinance shall be paid by said owner at such time, including a charge to reimburse a veterinarian for rabies inoculation if evidence of inoculation is not available.
Subd. 2. The Council shall establish in Chapter V. of this Code a schedule of kennel license fees, impound fees and daily board charges, and from time to time review and amend said schedule. All charges and fees collected shall be remitted by whomever collected to the Clerk-Treasurer and accurate records
Section 1025:60. Disposition of Unclaimed and Diseased Animals. It shall be the duty of the Animal Control Officer to keep all animals so impounded for a period of not to exceed five (5) days. Any animal which is not duly claimed within five (5) days after impounding may be sold to anyone desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall be painlessly killed by the Animal Control Officer.
Section 1025:65. Proceedings for Destruction of Certain Animals.
Subd. 1. Upon sworn complaint to a court of proper jurisdiction that any one of the following facts exist:
a. That any animal at any time has destroyed property or habitually trespasses in a damaging manner on the property of persons other than the owner;
b. That any animal at any time has attacked or bitten a person outside the owner's or custodian's premises;
c. That any animal is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets or highways;
d. That any animal is a public nuisance as heretofore defined; or that
e. Any animal is running at large in violation of this chapter;
the presiding officer of said court shall issue a summons directed to the owner of said animal, commanding him to appear before said court to show cause why said animal should not be seized by the Animal Control Officer or any police
officer and disposed of in the manner authorized in this ordinance. Such summons shall be returnable not less than two (2) nor more than six (6) days from the date thereof and shall be served at least two (2) days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the court may either order the animal killed or order the owner or custodian to remove it from the City, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order, the Animal Control Officer or any police officer may impound any animal described in such order. The provisions of this section are in addition to and supplemental to other provisions of this chapter.
Costs of the proceedings specified by this section shall be assessed against the owner or custodian of the animal, if the facts in the complaint are found to be true.
Subd. 2. Whenever an officer has reasonable cause to believe that a particular animal presents a clear and immediate danger to residents of the City because it is infected with rabies or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such animal, may summarily destroy said animal.
Section 1025:70. Rabies Notice. If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, the owner shall notify the Animal Control Officer of the fact that his animal has been exposed to rabies and at his discretion the Animal Control Officer is empowered to have such animal removed from the owner's premises to a veterinary hospital and placed under observation at an appropriate location for a period of two (2) weeks at the expense of the owner.
It shall be unlawful for any person knowing or suspecting that an animal has rabies to allow such animal to be taken off his premises or beyond the corporate limits of this municipality without the written permission of the Animal Control Officer. Every owner or other person upon ascertaining an animal is rabid, shall immediately notify the Animal Control Officer or a police officer who shall either remove the animal to the pound or summarily destroy it.
Section 1025:75. Muzzling Proclamation. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping an animal to confine it securely on his premises so that it cannot bite. No person shall violate such proclamation, and any animal running at large during the time affixed in the proclamation may be killed by the police without notice to the owner.
Section 1025:80. Kennels. Repealed in its entirety 7/3/07
Section 1025:85. Removal of Animal Debris. The owner or agent of the owner of any animal in a public park shall remove animal feces left by the animal and deposit the same in a trash receptacle or otherwise remove the same from park premises.
Section 1025:90. Airport Terminal Building; Animals Prohibited. No person shall be permitted to bring any dog, cat or other animal into the public airport terminal building, whether the animal is leashed or otherwise. eff. 2/20/07
Section 1025:95. Exceptions. The Prohibition provided in Section 1025:90 shall not apply to the following: eff. 2/20/07
Subd. 1. Service Animal. Service animals accompanying a person with a disability. 'Service animal" is defined herein as defined in the Americans with Disability Act (ADA), 28 C.F.R. 36.104: eff. 2/20/07
Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of the individual with a disability, including but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. eff. 2/20/07
Subd. 2. Public Safety Animal. Any dog or other animal trained in search and rescue missions, identifying contraband, or for other law enforcement or public safety purposes in service to law enforcement or other public safety personnel. eff. 2/20/07
Subd. 3. Animal In Transit. Any dog, cat, or other common domestic household pet in transit provided such animal is confined in a transit kennel or on a leash, not exceeding eight (8) feet in length, held by the owner or owner's agent. Further, such animal may only be in that part of the airport terminal known as the '24 hour vestibule" located in the south part of the terminal building inside the entrances off the auto parking lot and airplane parking apron. eff. 2/20/07
Section 1025:100. Violation; Penalty. The violation of Section 1025:90 shall constitute a petty offense as defined in Section 1100:00, Subd. 2, of this Ordinance Code and subject to the penalty therein provided. eff. 2/20/07