CITY OF MANTORVILLE ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF MANTORVILLE REGARDING ANIMALS

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1 CITY OF MANTORVILLE ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF MANTORVILLE REGARDING ANIMALS THE CITY COUNCIL OF THE CITY OF MANTORVILLE, MINNESOTA, HEREBY ORDAINS: Section 1. Chapter 90 of the Mantorville City Code is hereby deleted and replaced with the following: CHAPTER 90: ANIMALS Dogs Definitions Running at large; licenses; vaccination Impounding Kennels Nuisances Seizure of dogs Dogs presenting a danger to health and safety of city Diseased dogs Dangerous dogs Dangerous dog requirements Basic care Breeding moratorium Enforcing officer Pound Interference with officers Violations Definitions Prohibition Stables and barns Animals with contagious diseases Violations Chickens Livestock Chickens 1

2 Non-Domestic Animals Definitions Prohibited within city limits Violation and penalty DEFINITIONS. DOGS For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any mammal, reptile, amphibian, fish, bird, (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. ANIMALS shall be classified as follows: (1) DOMESTIC ANIMALS. Those animals commonly accepted as domesticated household pets. Unless otherwise defined, DOMESTIC ANIMALS shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, nonvenomous and non-constricting reptiles or amphibians, and other similar animals. (2) NON-DOMESTIC ANIMALS. Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of the people. Unless otherwise defined, NON-DOMESTIC ANIMALS shall include: (a) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. (b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. (c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated pet. (d) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. (e) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. (f) Any other animal which is not explicitly listed above but which can be 2

3 reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. AT LARGE. Off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. DOG. Both the male and female of the canine species, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind. OWNER. Any person or persons, firm, association, or corporation owning, keeping, or harboring a dog. RELEASE PERMIT. A permit issued by the City Clerk-Treasurer s office for the release of any dog that has been taken to the City s designated impound facility. A release permit may be obtained upon payment of a fee to the City Clerk-Treasurer s office in accordance with the regular license requirement if the dog is unlicensed, payment of a release fee, and any maintenance costs incurred in capturing and impounding the dog. The impound fees shall be established by the City Council, and may be amended from time to time RUNNING AT LARGE; LICENSES; VACCINATION. (A) Running at large prohibited. It shall be unlawful for the dog of any person who owns, harbors, or keeps a dog, to run at large. A person, who owns, harbors, or keeps a dog which runs at large shall be guilty of a misdemeanor. Dogs on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person, so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the city has posted an area with signs reading DOGS PROHIBITED. (B) License required. (1) All dogs over the age of 6 months kept, harbored, or maintained by their owners in the city shall be licensed and registered with the city. Dog licenses shall be issued by the City Clerk-Treasurer s office upon payment of the license fee as established by the City Council, and as amended from time to time. The owner shall state, at the time application is made for the license and upon forms provided, his or her name and address and the name, breed, color, and sex of each dog owned or kept by him or her. No license shall be granted for a dog that has not been vaccinated against rabies, as evidenced by a certificate by a veterinarian qualified to practice in the state in which the dog is vaccinated. Each dog license shall remain valid for the duration of the life of the dog. (2) It shall be the duty of each owner of a dog subject to this section to pay to the City Clerk-Treasurer s office the license fee established by the City Council, and as amended from time to time. (3) Upon payment of the license fee as established by City Council, and as that ordinance may be amended from time to time, the City Clerk-Treasurer s office shall issue to the 3

4 owner a certificate and metallic tag for each dog licensed. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be issued by the City Clerk-Treasurer s office. A charge shall be made for each duplicate tag in an amount established by the City Council, and as amended from time to time. Dog tags shall not be transferable from 1 dog to another and no refunds shall be made on any dog license fee or tag because of death of a dog or the owners leaving the city. (4) The licensing provisions of this division (B) shall not apply to dogs whose owners are non-residents temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show, nor shall this provision apply to seeing eye dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place. (5) The funds received by the City Clerk-Treasurer s office from all dog license and metallic tags fees as established by the City Council, and as amended from time to time, shall first be used to defray any costs incidental to the enforcement of this subchapter; including, but not restricted to, the costs of licenses, metallic tags, and impounding and maintenance of the dogs. (C) Vaccination. (1) All dogs kept harbored, maintained, or transported within the city shall be vaccinated at least once every 2 years by a licensed veterinarian for rabies - with a live modified vaccine. (2) A certificate of vaccination must be kept on which is stated the date of vaccination, owners name and address, the dog s name (if applicable), sex, description and weight, the type of vaccine, and the veterinarians signature. Upon demand made by the City Clerk-Treasurer s office or a law enforcement officer, the owner shall present for examination the required certificate of vaccination for the dog. In cases where certificates are not presented, the owner or keeper of the dog shall have 7 days in which to present the certificate to the City Clerk-Treasurer s office or law enforcement officer. Failure to do so shall be deemed a violation of this section IMPOUNDING. (A) Running at large. Any dog running at large is hereby declared a public nuisance. A law enforcement officer may impound any dog unlicensed or any dog found running at large and shall give notice of the impounding of the dog to the City Clerk-Treasurer s office. The law enforcement officer shall not enter the property of the owner of a dog found running at large, or the owner of an unlicensed dog, unless the officer has first obtained the permission of the owner to do so or has obtained a warrant issued by a court of competent jurisdiction to search for and seize the dog. In case the owner is unknown, the City Clerk-Treasurer s office shall post notice at the city office that if the dog is not claimed within the time specified in division (C) of this section, it will be sold or otherwise disposed of. Except as otherwise provided in this section, it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs running 4

5 at large. (B) Biting dogs. Any dog that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the skin has been punctured or the services of a doctor are required, shall be confined for a period of not less than 10 days, at the expense of the owner. The dog may be released at the end of the time if healthy and free from symptoms of rabies, and the payment of all costs by the owner. However, if the owner of the dog shall elect immediately upon receipt of notice of need for the confinement by the officer to voluntarily and immediately confine the dog for the required period of time in a veterinary hospital of the owners choosing, not outside Dodge County, and provide immediate proof of confinement in the manner as may be required, the owner may do so. If, however, the dog has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog to the owner s property. (C) Reclaiming. All dogs conveyed to the designated shelter shall be kept, with humane treatment and sufficient food and water for their comfort, at least 5 regular business days, unless the dog is a dangerous dog as defined under in which case it shall be kept for 7 regular business days or the times specified in 90.09, and except if the dog is a cruelly-treated dog in which case it shall be kept for 10 regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the dog from the pound, the following shall be required, unless otherwise provided for in this code or established from time to time by resolution of the City Council: (1) Payment of the release fee and receipt of a release permit as established by the City Council, and as amended from time to time; (2) Payment of maintenance costs, as provided by the pound, per day or any part of day while the dog is in the pound; and (3) If a dog is unlicensed, payment of a regular license fee as established by the City Council, and as amended from time to time, and a valid certificate of vaccination for rabies shots is required. (D) Unclaimed dogs. At the expiration of the times established in division (C) of this section, if the dog has not been reclaimed in accordance with the provisions of this section, the officer appointed to enforce this section may let any person claim the dog by complying with all provisions in this section or cause the dog to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this section shall be payable to the City Clerk-Treasurer s office KENNELS. (A) Definition of Kennel. The keeping of more than three (3) dogs on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a Kennel ; except that a fresh litter of pups may be kept for a period of six (6) months before that keeping shall be deemed to be a Kennel. 5

6 (B) Kennel License Required. A license shall be required for any Kennel. All licenses shall be issued initially for a period of one year. After the first year, licenses may be renewed for periods of two years. Each license shall apply to a specific parcel of property and shall be issued to the either the owner of the property or the person in possession of the property. (C) Procedure for Issuance. No Kennel license shall be issued until after a public hearing is held. Written notice of the public hearing shall be mailed to all owners of property within 250 feet of the outside perimeter of the property where the dogs will be kept. Published notice of the public hearing shall also occur. Publication and mailing of notices shall occur not less than ten (10) days prior to the public hearing. (D) Denial of License. If a Kennel license application is denied, the City Clerk shall give the applicant written notice of the denial stating the reasons for the action. (E) Fees. An initial Kennel license fee and a renewal license fee shall be established from time to time by resolution of the City Council. The license fees shall be at least adequate to reimburse the City for all costs of processing, publishing and mailing notices regarding any license or renewal. (F) Restrictions. (1) Less than One-Half Acre. If the property is less than one-half (1/2) acre, the City may grant or deny the Kennel license application on a case by case basis, taking into consideration the likelihood that a nuisance may be created. In granting any such license, the City may place any reasonable conditions on the license for the purpose of avoiding a nuisance, such as, for example, limiting the number of dogs allowed on the property, requiring the submission of a plan for removing waste, or requiring an enclosed shelter. (2) One-Half Acre or More. If the property is one-half (1/2) acre or greater, the City shall grant the license, provided that if the Kennel will contain more than seven (7) dogs, the additional requirements and conditions for a Commercial Kennel, as defined and described in Section 90.04(G), shall apply. (3) Treatment of Animals; Inspection. All dogs on the licensed property shall receive proper care and treatment to prevent and treat disease or malnourishment. The City s designated veterinarian may inspect the property and dogs whenever there is reason to suspect improper care or treatment. (4) License of Dogs. Each dog kept in a Kennel shall be licensed as required in Section 90.02(B)(1). (G) Commercial Kennel. A Commercial Kennel is a Kennel that contains more than seven (7) dogs, except that a new litter of pups may be kept for a period of six (6) months before that keeping shall be deemed to be a Commercial Kennel. In addition to the provisions of Section 90.04(A) (F) above, the following requirements and conditions shall apply to a 6

7 Commercial Kennel license: (1) Each animal enclosure in the Kennel shall be at least twenty (20) square feet. floor. (2) The Kennel shall provide shelter from the elements that includes a wood or cement (3) Animal waste shall be removed from the property in an expedited manner to avoid creating a health hazard or offensive odor outside of the property. (4) The Kennel shall be designed to limit noise levels on adjacent properties to avoid creating a nuisance. (5) The Kennel shall comply with the setback requirement for accessory structures in the zoning district where the property is located. (6) All dogs housed in a commercial kennel shall be minimally vaccinated according to the standards established by the City s designated veterinarian. (H) Revocation of License. (1) Transfer of Property. A Kennel license shall be immediately and automatically revoked, without need for action by the City Council or staff, upon transfer of possession or ownership of the property for which the license has been granted. (2) Violation of License. The City may revoke any Kennel license if the license holder has violated any of the requirements or conditions of the license, whether set forth in this ordinance or made applicable to the individual license by the City, including but not limited to the proper care and treatment of the animals. The City Clerk shall provide written notice of any such violation to the license holder, including a description of the violation and a statement that the violation must be corrected within ten (10) days. If the violation is not corrected within the ten (10) day period, the Council may either allow additional time for correction upon petition by the license holder or revoke the license and order that the number of dogs on the property be immediately reduced to three (3) or less. In no event shall the time for correction be extended beyond twenty (20) days from the date of notice. The license holder shall be given the opportunity to speak to the Council during the meeting in which the revocation is considered. If the violation involves significant or imminent harm to the animals on the property, the City s designated veterinarian and the City Clerk shall immediately report the situation to law enforcement, in addition to providing notice of violation to the license holder. (I) Renewal of License. After the initial license year and at the end of each renewal period, the City Clerk shall renew all Kennel licenses upon payment of the renewal fee prior to expiration of the license, provided that there have been no license violations. If there have been any license violations within the preceding period or if the license has expired, the license holder shall be required to submit a new license application. In the case where a significant violation or 7

8 multiple violations have occurred, the Council shall have the discretion to deny the new application regardless of any contrary provision in this ordinance NUISANCES. (A) Habitual barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. HABITUAL BARKING shall be defined as barking for repeated intervals of at least 5 minutes with less than 1 minute of interruption. The barking must also be audible off of the owner s or caretaker s premises. (B) Damage to property. It shall be unlawful for any person s dog to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage. (C) Cleaning up litter. The owner of any dog or person having the custody or control of any dog shall be responsible for cleaning up any feces of the dog and disposing of the feces in a sanitary manner whether on their own property, on the property of others or on public property. (D) Warrant required. The law enforcement officer shall not enter the property of the owner of a dog described in this section unless the officer has first obtained the permission of the owner to do so or has obtained a warrant issued by a court of competent jurisdiction to search for and seize the dog. (E) Other. Any dogs kept contrary to this section are subject to impoundment as provided in SEIZURE OF DOGS. Any law enforcement officer may enter upon private property and seize any dog with the permission of the owner of the property, if that person is also the owner of the dog, provided that the following exist: (A) There is an identified complainant other than the law enforcement officer making a contemporaneous complaint about the dog; (B) The officer reasonably believes that the dog meets either the barking dog criteria set out in 90.05(A); the criteria for cruelty set out in 90.11; or the criteria for an at large dog set out in 90.03(A); (C) The officer can demonstrate that there has been at least 1 previous complaint of a barking dog; inhumane treatment of the dog; or that the dog was at large at this address on a prior date; (D) The officer has made a reasonable attempt to contact the owner of the dog and the property to be entered and those attempts have either failed or have been ignored; (E) The law enforcement officer shall not enter the property of the owner of a dog described 8

9 in this section unless the officer has first obtained the permission of the owner to do so or has obtained a warrant issued by a court of competent jurisdiction to search for and seize the dog. If the officer has the permission of the owner, a property manager, landlord, innkeeper, or other authorized person to enter the property or has obtained a pass key from a property manager, landlord, innkeeper, or other authorized person to have that key shall not be considered unauthorized entry, and a warrant to search for and seize the dog need not be obtained; and (F) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible DOGS PRESENTING A DANGER TO HEALTH AND SAFETY OF CITY. If in the reasonable belief of any person or the law enforcement officer, a dog presents an immediate danger to the health and safety of any person, or the dog is threatening imminent harm to any person, or the dog is in the process of attacking any person, the officer may destroy the dog in a proper and humane manner whether or not the dog is on the property of its owner. Otherwise, the officer may apprehend the dog and deliver it to the designated shelter for confinement under If the dog is destroyed, the owner or keeper of the dog destroyed shall be liable to the city for the cost of maintaining and disposing of the dog, plus the costs of any veterinarian examination. If the dog is found not to be a danger to the health and safety of the city, it may be released to the owner or keeper in accordance with 90.03(C) DISEASED DOGS. (A) Running at large. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the city, any dog which is diseased so as to be a danger to the health and safety of the city, even though the dog is properly licensed under this section, and a warrant to search for and seize the dog is not required. (B) Confinement. Any dog reasonably suspected of being diseased and presenting a threat to the health and safety of the public, may be apprehended and confined in the pound by any law enforcement officer. The officer shall have a qualified veterinarian examine the dog. If the dog is found to be diseased in a manner so as to be a danger to the health and safety of the city, the officer shall cause the dog to be painlessly killed and shall properly dispose of the remains. The owner or keeper of the dog killed under this section shall be liable to the city for the cost of maintaining and disposing of the dog, plus the costs of any veterinarian examinations. (C) Release. If the dog, upon examination, is not found to be diseased, the dog shall be released to the owner or keeper free of charge DANGEROUS DOGS. (A) Attack by a dog. It shall be unlawful for any person s dog to inflict or attempt to inflict bodily injury to any person or other dog whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner s home with criminal intent. 9

10 (B) Destruction of dangerous dogs. The law enforcement officer shall have the authority to order the destruction of dangerous dogs in accordance with the terms established by this chapter. (C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DANGEROUS DOG. A dog that has: (a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; or (b) Killed a domestic animal without provocation while off the owner's property; (c) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. POTENTIALLY DANGEROUS DOG. A dog which has: (a) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (b) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (c) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure suitable to prevent the dog from escaping and to provide protection for the dog from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit on its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the dog from exiting. The enclosure shall not allow the egress of the dog in any manner without human assistance. A pen or structure shall meet the following minimum specifications: (a) Have a minimum overall floor size of 32 square feet; (b) Sidewalls shall have a minimum height of 5 feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed 2 inches, support posts shall be 1½-inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground; 10

11 (c) A cover over the entire pen or structure shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than 2 inches; and (d) An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than 2 inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the dog is in the pen or structure. UNPROVOKED. The condition in which the dog is not purposely excited, stimulated, agitated, or disturbed. (D) Designation as potentially dangerous dog. The law enforcement officer shall designate any dog as a potentially dangerous dog upon receiving evidence that the dog meets the definition thereof. When a dog is declared potentially dangerous, the law enforcement officer shall cause one owner of the potentially dangerous dog to be notified in writing that the dog is potentially dangerous and the reasons for said designation. (E) Authority to order destruction. The law enforcement 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 one or more of the following findings of fact: (1) The dog is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) The owner of the dog has demonstrated an inability or unwillingness to control the dog in order to prevent injury to persons or other animals. (F) Designation as dangerous dog; procedure. The law enforcement officer, after having determined that a dog is dangerous, shall cause one owner of the dog to be notified in writing or in person that the dog is dangerous and may order the dog seized or make orders as deemed proper. The owner shall be notified in writing as to the reasons for said designation and shall be notified in writing that they have 14 days to appeal the designation and/or orders by requesting a hearing before the City Council for a review of this determination. (1) If no appeal is filed and the order requires seizure and destruction, the law enforcement officer shall obtain an order or warrant authorizing the seizure and the destruction of the dog from a court of competent jurisdiction, unless the dog is already in custody or the owner consents to the seizure and destruction of the dog. (2) If an owner requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before the City Council, which shall set a date for the hearing not more than 3 weeks after demand for the hearing. The records of law enforcement or City Clerk-Treasurer s office shall be admissible for consideration by the law enforcement officer without further foundation. After considering all evidence pertaining to the temperament of the dog, the City Council shall make an order as it deems proper. The City Council may order that 11

12 the law enforcement officer take the dog into custody for destruction, if the dog is not currently in custody. If the dog is ordered into custody for destruction, the owner shall immediately make the dog available to the law enforcement officer. If the owner does not immediately make the dog available, the law enforcement officer shall obtain an order or warrant authorizing the seizure and the destruction of the dog from a court of competent jurisdiction. (3) No person shall harbor a dog after it has been found to be dangerous and ordered into custody for destruction. (G) Stopping an attack. If any law enforcement officer is witness to an attack by a dog upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. (H) Notification of new address. The owner of a dog which has been identified as dangerous or potentially dangerous shall notify law enforcement in writing if the dog is to be relocated from its current address or given or sold to another person. The notification shall be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current owner s name and address, the relocation address, and the name of the new owner, if any DANGEROUS DOG REQUIREMENTS. (A) Requirements. If a dog is designated as dangerous but not seized and destroyed, the owner shall adhere to the following requirements: (1) Provide and maintain a proper enclosure for the dangerous dog as specified in 90.09(C); (2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous dog on the property as specified in M.S , as it may be amended from time to time; (3) Provide and show proof annually of public liability insurance in the minimum amount of $300,000; (4) If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed 6 feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; (5) The dog must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S , as it may be amended from time to time, and shall have a microchip implant as provided by M.S , as it may be amended from time to time; 12

13 (6) The dangerous dog shall be registered annually with Dodge County within 14 days after the date the dog was so deemed and provide satisfactory proof thereof to law enforcement. (B) Seizure. As authorized by M.S , as it may be amended from time to time, the law enforcement officer shall immediately seize any dangerous dog if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the dog is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. (C) Reclaiming dogs. A dangerous dog seized under division (B) above may be reclaimed by the owner of the dog upon payment of impounding and boarding fees and presenting proof to the City Clerk-Treasurer s office that each of the requirements under division (A) above is fulfilled. A dog not reclaimed under this section within 14 days may be disposed of as provided under division (D) below, and the owner is liable to the city for costs incurred in confining and impounding the dog. (D) Subsequent offenses. If an owner of a dog has subsequently violated the provisions under this section with the same dog, the dog must be seized by law enforcement. The owner may request a hearing as defined in this subchapter. If the owner is found to have violated the provisions for which the dog was seized, the law enforcement officer shall order the dog destroyed in a proper and humane manner and the owner shall pay the costs of confining the dog. If the person is found not to have violated the provisions for which the dog was seized, the owner may reclaim the dog under the provisions of division (C) above. If the dog is not yet reclaimed by the owner within 14 days after the date the owner is notified that the dog may be reclaimed, the dog may be disposed of as provided under division (C) above and the owner is liable to the City Clerk-Treasurer s office for the costs incurred in confining, impounding, and disposing of the dog BASIC CARE. All dogs shall receive from their owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in a humane manner will be subject to the penalties provided in this section BREEDING MORATORIUM. Every female dog in heat shall be confined in a building or other enclosure in a manner that it cannot come in contact with another dog except for planned breeding. Upon capture and failure to reclaim the dog, every dog shall be neutered or spayed prior to being transferred to a new owner ENFORCING OFFICER. The Council is hereby authorized to appoint law enforcement officer(s) to enforce the provisions of this subchapter. In the officers duty of enforcing the provisions of this section, he or she may from time to time designate assistants. 13

14 90.14 POUND. Every year the Council shall designate an official pound to which dogs found in violation of this chapter shall be taken for safe treatment, and, if necessary, for destruction INTERFERENCE WITH OFFICERS. No person shall in any manner molest, hinder, or interfere with any person authorized to capture dogs and convey them to the pound while engaged in that operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent, any dog taken up by him or her in compliance with this chapter, or in any other manner to interfere with or hinder the officer in the discharge of his or her duties under this chapter VIOLATIONS. (A) Misdemeanor. Unless otherwise provided, violation of this subchapter shall constitute a misdemeanor punishable as provided in (B) Petty misdemeanor. Violations of portions of this subchapter are petty misdemeanors punishable as provided in DEFINITIONS. LIVESTOCK For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PERSON. In addition to the usual meaning thereof, includes a corporation, partnership, association, firm, or any other legal entity PROHIBITION. It shall be unlawful for any person to keep or harbor any horses, mules, cattle, sheep, swine, goats, chickens, turkeys, or other domestic fowls within the platted areas of the City of Mantorville or to permit the same to be done upon premises owned, occupied, or controlled by him or her, except on parcels of land containing 5 or more acres, and not within 1,000 feet of the historic district, and only upon filing for and being granted a conditional use permit STABLES AND BARNS. It shall be unlawful for any person to keep, maintain, or cause to be kept or maintained in any unplatted areas of the City of Mantorville any stable or barn located within 50 feet of a place of human habitation in which the stable or barn are kept or harbored horses, mules, cattle, sheep, 14

15 swine, or goats. The stables or barns lawfully located shall be kept clean and free of noxious odors so as not to be injurious to health and safety or so as not to unreasonably annoy or disturb the comfort and repose of persons in the vicinity thereof ANIMALS WITH CONTAGIOUS DISEASES. Animals with contagious diseases of any kind shall be securely confined on the premises of the owner or harborer and shall not be permitted to approach within 50 feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept VIOLATIONS. Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor CHICKENS. CHICKENS (A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHICKEN COOP. A temporary structure for housing chickens made of wood or other materials that provides shelter from the elements. CHICKEN RUN. A fenced outside area for keeping chickens. PREMISES. Any platted lot or group of contiguous lots, parcels or tracts of land. (B) Permit; chickens limited. No person shall keep or harbor chickens on any premises unless the city has granted them a permit. No permit shall be issued for the keeping or harboring of more than 6 hen chickens on any premises. No permit shall be issued for the keeping of a rooster on any premises. Roosters may be present, however, on any permitted premises for time periods not to exceed 48 hours strictly for the purpose of breeding, and then must be removed for a period no less than 14 days. (C) Conditions and restrictions. The permit shall be subject to all terms and conditions of this subchapter and any additional conditions deemed necessary by the Council to protect the public health, safety and welfare. The necessary permit applications will be available in the City Clerk's office. An initial fee and a renewal fee, which the City Council may establish by resolution from time to time, shall be charged for each permit. Permits shall be effective for 1 year and may be renewed for additional 1 year periods. (D) Confinement. Chickens must be confined at all times in a chicken coop or chicken run. Chicken coops and runs shall comply with the following requirements: 15

16 (1) Setback. The location of the chicken coop or run shall comply with the setback requirements for accessory structures in the zoning district in which the property lies. (2) Chicken coops. Chicken coops must not exceed 60 square feet (by outside dimensions) or 6 feet in height, and must provide at least 2 square feet per chicken. Coops must be elevated with a clear open space of at least 24 inches between the ground and the floor or framing of the coops. The coops floor, foundation, and footings must be constructed to make the coop rodent resistant. (3) Chicken runs. Chicken runs must not exceed 120 square feet or 6 feet in height, and may be enclosed with wood or woven wire. (4) Screening. All chicken coops and runs shall be screened with a solid fence or landscaped buffer with a minimum height of 4 feet. (5) Feed. Chicken feed must be stored in rodent and raccoon-proof containers. (E) Conditions. The premises where chickens are kept must be maintained in a healthy and sanitary condition, in a manner that will prevent noxious or offensive odors from being carried to adjacent property. (F) Inspection. Any chicken coop or run may be inspected at any reasonable time by a city animal control official or other agent of the city to determine compliance with this subchapter and the applicable permit. (G) Penalty. A violation of this subchapter is a misdemeanor DEFINITIONS. NON-DOMESTIC ANIMALS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any mammal, reptile, amphibian, fish, bird, (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. ANIMALS shall be classified as follows: (1) DOMESTIC ANIMALS. Those animals commonly accepted as domesticated household pets. Unless otherwise defined, DOMESTIC ANIMALS shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, nonvenomous and non-constricting reptiles or amphibians, and other similar animals. (2) NON-DOMESTIC ANIMALS. Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to 16

17 be inherently dangerous to the health, safety, and welfare of the people. Unless otherwise defined, NON-DOMESTIC ANIMALS shall include: (a) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. (b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. (c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated pet. (d) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. (e) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. (f) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish PROHIBITED WITHIN CITY LIMITS. It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-domestic animal within the city limits. Any owner of such an animal at the time of adoption of this section shall have 30 days in which to remove the animal from the city after which time the city may impound the animal as provided for in this section. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition VIOLATIONS AND PENALTY. (A) Separate offenses. Each day a violation of is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section. (B) Misdemeanor. Unless otherwise provided, violation of shall constitute a misdemeanor punishable by a fine up to $1,000 or imprisonment for up to 90 days or both. (Ord. passed ) Section 2. This ordinance shall be in full force and effect upon its passage and publication. 17

18 Passed by the City Council of the City of Mantorville, Minnesota, this day of, ATTEST: Chuck Bradford Mayor Cami Reber, City Clerk Treasurer 18