CHAPTER 92: ANIMALS. General Provisions. Licenses. Restrictions

Transcription

1 1 Animals CHAPTER 92: ANIMALS Section Definitions Enforcement Animal Control Officer State statutes adopted Exemption for police dogs License required License tags License cancellation Rabies vaccination of cats Kennels Violations; impoundment Animal Pound Animal bites Destruction of dangerous animals Trapping Wild, vicious animals Animal quarters, dog kennels Care, treatment of dogs in kennels Authorization of inspection Dog houses Veterinary hospitals Reports by Pound Keeper Treatment of animals Abandonment General Provisions Licenses Restrictions DEFINITIONS. GENERAL PROVISIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

2 2 Animals Wayzata - General Regulations ANIMAL CONTROL OFFICER. The person designated or his or her authorized representative, designated as such by the City Manager or Chief of Police to perform duties described by this chapter. ANIMAL HOSPITAL. A place for treatment, hospitalization, surgery, care and boarding of animals and birds, which place is operated by a licensed veterinarian. AT LARGE. Off of the property of the owner and not under the restraint of the owner or a member of the owner's immediate family. FIERCE, DANGEROUS, VICIOUS. Any animal, including but not limited to a dog, wolf or wolf hybrid, which attacks another dog or domestic animal outside the owners premises, or which bites a person or attacks a person causing bodily harm, or which is alleged to have committed any of the foregoing. KENNEL. A premises where three or more dogs over six months of age are kept or where the business of raising, selling, boarding, breeding, showing, treating or grooming dogs is conducted, except that this term does not include animal hospitals. LICENSE CANCELLATION. The cancellation of a dog license by the city based upon violation of any section of this chapter by an owner of a licensed dog. OWNER. Any person owning, keeping, harboring or having custody of an animal within the city. PREMISES. Any building, structure, shelter or land wherein animals are kept or confined. This does not include private residence. PUBLIC NUISANCE ANIMAL OR ANIMALS. Any animal which: (1) Does any of the following three or more times in any 12-month period: (a) Is found at large. (b) Damages the property of anyone other that its owner. (c) Disturbs or annoys person or persons residing in the vicinity by loud and frequent barking, howling, yelping or other such noises if such noise occurs for repeated intervals of at least three minutes with less than one minute of silence intervals and is audible off the owner s or caretaker s premises. (d) Molests passer by or passing vehicles; (2) Is fierce, dangerous, or vicious; (3) Attacks other domestic animals or protected wildlife; (4) Is offensive or dangerous to the public health, safety, welfare; or (5) Causes unsanitary conditions of enclosures or surroundings, which conditions are not corrected by the owner within two business days after written notice.

3 3 Animals UNDER RESTRAINT. (1) Controlled by a fence, leash or owner's command within the confines of the owner's property. (2) By a leash not exceeding six feet in length while outside of the owner's property and under the control and direction of the owner or a member of the immediate family, so as to be effectively restrained. (3) Within a vehicle being driven or parked on a public street. ('81 Code, ) (Am. Ord. 547, passed ) ENFORCEMENT. It shall be the duty of the Chief of Police together with the Animal Control Officer to enforce the provisions of this chapter and to transport or cause to be transported to the City Pound any animal kept within the city contrary to the provisions of this chapter. The Animal Control Officer is authorized to issue citations and sign complaints against any person for violation of the provisions of this chapter. ('81 Code, ) ANIMAL CONTROL OFFICER. The Animal Control Officer and any police officer shall have the right to enter upon any premise at all reasonable times for the purpose of discharging the duties imposed upon them by this chapter where there is a reasonable belief that a violation of this chapter has been committed. ('81 Code, ) STATE STATUTES ADOPTED. The provisions of M.S through 35.69, as amended from time to time, dealing with procedures to be followed on the discovery of rabies in the city, and M.S through , as they may be amended from time to time, dealing with regulation of dangerous dogs, are hereby adopted by reference, except those provisions which by their nature have no application, and are made a part of this code as if set out in full. One copy of the statutes shall be marked as the official copy and filed for use and examination by the public in the office of the City Manager. ('81 Code, ) (Am. Ord. 547, passed ) EXEMPTION FOR POLICE DOGS. The Wayzata Police Department and any dog owned or used by it shall be exempt from the requirements and prohibitions of this chapter, except for the provisions relating to licensing and treatment of the dogs. ('81 Code, )

4 4 Animals LICENSE REQUIRED. LICENSES (A) No person shall own, harbor, keep or have custody of a dog over six months of age within the city, unless a current license for the dog has been obtained and the tag affixed as herein provided. (B) License shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the first effective day of the license. (C) The license fee for each dog shall be established by City Council. (D) If a license is obtained while the dog is impounded by the city, there shall be added to the regular license fee a late-license fee as set by City Council resolution. Additionally, any license purchased after March 1 of the year following expiration shall be charged a late fee as set by City Council resolution. (E) All licenses shall be issued by the City Manager or Police Department personnel and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. (F) Applications for a license under this chapter shall be made on such forms provided by the city. The city shall publish a notice regarding renewal of licenses at least one time before December 31 of each year. (G) It shall be the duty of the City Manager or the City Manager s designee to keep the following records: (1) Records of the licensing, impoundment and disposition of all animals impounded by the city. (2) Records of all reported dog bite cases and investigations for a period of three years. ('81 Code, ) LICENSE TAGS. (A) The City Manager or Police Department personnel shall provide and furnish for each licensed dog a metallic tag upon which there shall be stamped or engraved the register number of the dog, the word " Wayzata" and the year when licensed. The City Manager or Police Department personnel shall keep a registry of the dogs so licensed and the registry shall contain the owner's name, address, birth date, phone number (work and home), description of the dog and the number of the license. (B) If a license tag is lost or stolen, the owner may obtain a new tag by surrendering the receipt for the first tag or by other proof which shows the dog is currently licensed. A replacement fee as set by City Council resolution shall be charged the dog owner. (C) Every owner shall place and keep around the neck of the dog a collar on which the license tag is securely affixed. (D) No person shall counterfeit any such license tag or use a counterfeit tag. A license tag is not transferable. ('81 Code, )

5 5 Animals LICENSE CANCELLATION. (A) The City Manager may cancel the license of any dog which the City Manager determines to be a public nuisance animal, as defined by this chapter. (B) Upon such determination, the City Manager shall immediately notify the owner by personal delivery or by certified mail, addressed to the owner's last known address, that the dog is determined to be a public nuisance animal and the reasons therefore. The notice shall further advise the owner that the cancellation of the license shall be effective ten days following receipt of the notice. (C) Not withstanding any other provisions of this chapter, the owner of any dog whose license has been cancelled and is subsequently impounded by the city, shall pay an additional impound fee as set by City Council resolution prior to release of the dog. (D) It shall be unlawful for any person to own, harbor, have in his or her custody or keep on his or her premises a dog whose license has been cancelled pursuant to this chapter. ('81 Code, ) RESTRICTIONS RABIES VACCINATION OF CATS. No person shall own, harbor, keep or have custody of a cat over six months of age within the city, unless the cat has a current rabies vaccination. Every owner of a cat shall maintain a certificate of the vaccination and shall, upon request, display it to the Chief of Police or Animal Control Officer. Records of all citations issued for violations of this chapter. ('81 Code, ) KENNELS. (A) No person shall own, harbor, keep or have custody of three or more dogs over six months old on their property without first having secured a kennel license as required herein. (B) A kennel licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. (C) The kennel license fees shall be established by the City Council. (D) If the license is obtained after a dog or dogs from the kennels have been impounded then there shall be a penalty fee added to the regular license fee equal to the regular license amount. This fee shall be paid in addition to any dog licensing, impounding or boarding fees which shall be required prior to release of the dog. (E) No kennel license or renewal shall be issued except upon action of the City Council following review of the kennel license applicant on by the Chief of Police. As a condition of obtaining and holding a kennel license, all kennel license holders must comply with the relevant portions of section of this chapter. (F) Persons granted a kennel license shall be issued a certificate which must be conspicuously

6 6 Animals displayed at the kennel location. Failure to display the certificate shall constitute prima facie evidence that the license has not been secured. ('81 Code, ) VIOLATIONS; IMPOUNDMENT. (A) (1) No owner shall permit an animal to be at large within the city. (2) An owner shall keep the animal under restraint at all times. (3) The Chief of Police is hereby authorized to impound any fierce, dangerous or vicious dog endangering the safety of the general public or animal life. (4) The Chief of Police is hereby authorized to impound any animal found at large, or any dog found without a license. (5) Dogs are permitted in city parks if they are controlled at all times by a leash or by their owner s command. Dogs are permitted at public beaches only during hours when the beach is closed for swimming, and only if they are controlled at all times by a leash or by their owner s command. No other animal shall be permitted to run at large at any time in any city park or pubic beach. At no time are public nuisance animals, wild animals, and fierce, dangerous, or vicious animals, including dogs, permitted in any city park or public beach. (6) Any female dog when in season shall be confined indoors or in a secure enclosure in such manner that she will not be in contact, except for intentional breeding purposes, with another dog, nor create a nuisance by attracting other animals. (7) The owner of any fierce, dangerous or vicious dog shall confine the animal within a building or secure enclosure at all times. The dog shall not be removed from the building or secure structure unless securely muzzled and on a leash. (8) No person shall keep, own, harbor or otherwise possess in the city an animal which is a public nuisance animal as defined in this chapter nor animals other than common domestic animals. The Animal Control Officer or Police Officer may impound any animal (s) which he or she has reason to believe is in violation of this subdivision if the owner is not present at the premises and the Animal Control Officer or Police Officer feels it is the only way to reasonably abate the nuisance. (9) No owner shall permit his or her animal to damage or foul any lawn, garden or property of another person. An owner shall have the responsibility of cleaning up any feces of the animal and disposing of same in a sanitary manner. ('81 Code, ) (B) (1) Running at large. Any unlicensed animal running at large is hereby declared a public nuisance. Any Animal Control Officer or police officer may impound any animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of animal, if known. The Animal Control Officer or police officer shall not enter the property of the owner of an animal found running at large or the owner of an unlicensed animal 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, as provided for herein, to search for and seize the animal. In case the owner is unknown, the officer shall post notice at the city office that if the animal is not claimed within the time specified in subdivision (B)(3) 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 running at large.

7 7 Animals (2) Biting animals. Any animal 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 in the city pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of the time if healthy and free from symptoms of rabies, and by the payment of all costs by the owner. However, if the owner of the animal shall elect immediately upon receipt of notice of need for the confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of the county in which this city is located, and provide immediate proof of confinement in the manner as may be required, the owner may do so. If, however, the animal 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 animal to the owner's property. (3) Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal as defined in this chapter, in which case it shall be kept for seven regular business days or the times specified, and except if the animal is a cruelly-treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners as provided by this section. In case the owner shall desire to reclaim the animal 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: Council. (a) Payment of the release fee and receipt of a release permit as established by the City (b) Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound. (c) If a dog is unlicensed, payment of a regular license fee as established by the City Council and valid certificate of vaccination for rabies and distemper shots is required. (4) Unclaimed animals. At the expiration of the times established in subdivision (B)(3) of this section, if the animal 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 animal by complying with all provisions in this section, or the officer may sell the animal to the University of Minnesota, or cause the animal 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. Penalty, see ANIMAL POUND. (A) The City Council may provide for a city animal pound, either within or outside the limits of the city. (B) Any animals impounded by the city shall be kept for at least five business days unless sooner reclaimed by the owner thereof. The owner of any impounded animal may reclaim the same by exhibiting to the keeper of the pound a license duly issued pursuant to the provisions of this chapter and shall take possession of the animal, by paying the impounding fees as set by the City Council plus the cost of the keep of the animal in the pound and any other penalties due and payable. (C) Upon receiving an animal for impound, the pound keeper shall immediately check the animal for identification and promptly notify the owner of the location of the animal by the most expedient means.

8 8 Animals (D) Any animals not reclaimed within five business days after being impounded may be disposed of by the Pound Keeper, provided that the animal has not bitten or been suspected of biting any person. Disposal shall be in a humane manner as provided for in M.S , as it may be amended from time to time. In no event shall the pound keeper dispose of any animal without prior written approval of the Police Department. (E) The Pound Keeper shall keep an accurate account of all animal received at the pound and of all animals killed, released or disposed of therefrom, and shall make a monthly accounting thereof to the City Manager or Chief of Police. (F) The city, upon the impounding of any animal, shall without delay notify the owner personally or through the United States Mail, addressed to the owner's last known address; but if the owner be unknown, then the city shall post a written notice at the City Hall. The notice shall describe the animal, state where it is impounded, and that it can be redeemed within five business days after impounding by payment of the required fee as duly set by the Council from time to time plus the cost of boarding for each day the animal has been confined in the pound, together with the payment for all dogs, if not current license has been issued. ('81 Code, ) ANIMAL BITES. (A) Whenever any person owning, possessing or harboring any animal within the city shall learn that the animal has bitten any human being, the person shall immediately notify the Chief of Police. (B) Whenever the Chief of Police learns that any person has been bitten by an animal in the city, the Chief of Police shall ascertain the identity of the animal and the person owning, possessing or harboring it. The Chief of Police shall order and direct the transport of the animal to the city pound or at the owners request and expense may transport the animal to the owner s veterinarian for impoundment pursuant to this section. Provided that, if the animal is a dog and the dog is currently licensed and vaccinated against rabies infection, the Chief of Police or Animal Control Officer may permit the dog to be impounded upon the premises of its owner provided that it is kept apart from members of the general public during the impoundment period. If, under the circumstances, the dog is not currently licensed the Chief of Police or Animal Control Officer may permit the owner of the dog to immediately obtain a license therefore paying all fees required including late licensing fees. The impoundment fee for any animal that is impounded in the city pound a second time for biting a human being shall be double the regular impoundment fee. The Chief of Police shall order and direct the transport of such animal to the city pound. Any animal which is impounded under this ordinance shall be kept continuously confined for a period of ten days after the day. of the bite. (C) Upon completion of the ten-day confinement period the owner shall provide the Chief of Police a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that The animal has been examined and the animal currently does not show signs of being infected with rabies. The period of confinement for the animal shall be terminated only upon the express authorization of the Chief of Police after receipt of the certificate. Unless the certificate is received within five business days after the completion of the confinement period, it shall be presumed that the animal is infected with rabies and the animal shall be disposed of as a dangerous animal pursuant to (D) It shall be unlawful for any person to release the animal from confinement prior to receiving express authorization from the Chief of Police. ('81 Code, )

9 9 Animals DESTRUCTION OF DANGEROUS ANIMALS. (A) The City Manager or the City Manager s designee is authorized to order the destruction or disposition of any animal which he or she determines to be fierce, dangerous or vicious as defined in this chapter. The City Manager, after having been advised of the existence of such an animal, shall proceed in the manner prescribed by this section. (B) The owner of a fierce, dangerous or vicious animal shall be notified in writing as to the dates, times, places and reasons for the determination, and shall be given ten days to request a hearing before the City Manager for a determination as to the dangerous nature of the animal. If the owner does not request a hearing within ten days of the notice, the City Manager shall make such order as he or she deems proper. He or she may order the animal control officer to take the animal into custody for destruction in which case the owner shall immediately make the animal available to the Animal Control Officer. (C) If the owner requests a hearing for determination as to the nature of the animal, the hearing shall be held before the City Manager at a date not more than three weeks after demand for the hearing. The records of the Animal Control Officer and the Police Department shall be admissible for consideration without further foundation. After considering all evidence, the City Manager shall make a determination as to whether or not the animal is found to be fierce, dangerous or vicious dangerous and the City Manager shall make such order as the City Manager deems proper. If the City Manager orders the Animal Control Officer to take the animal into custody for destruction, the owner shall immediately make the animal available to the animal control officer. (D) A fierce, dangerous or vicious animal running at large shall be apprehended by the Animal Control Officer and impounded for at least five business days. If the animal has not been claimed it shall be destroyed at the end of the five business day period. If the animal is claimed, upon payment of kennel fees, it may be released to the person paying the fees and the City Manager shall proceed as in subdivision (B) above. The City Manager shall not release such animal if it is alleged animal has bitten or attacked a human being. ('81 Code, ) Penalty, see TRAPPING. (A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. TRAP. Any mechanical device, snare, artificial light, net, bird line, ferret, hawk, vehicle or contrivance used to trap, catch, snare, kill or otherwise restrain the free movement of any animals, wildlife or birds; and the term TRAPPING means the setting, laying or otherwise using a trap to catch, trap, snare, kill or otherwise restrain the free movement of animals, wildlife or birds. (B) All trapping within the city is prohibited except: (1) When the owner of the property has expressly consented to allow trapping thereon. (2) Upon the issuance by the Chief of Police of a permit therefore after a showing that such trapping is necessary to eliminate a nuisance. (C) The provisions of this chapter do not apply:

10 10 Animals (1) To governmental officers who may in the course of their duties be required to use a trap to catch, trap, snare, kill or otherwise restrain the free movement of any animal, wildlife or birds for humane or other authorized purposes. (2) To teachers for school programs or to scientists intending to identify animals, wildlife or birds and then return them to their natural environment. ('81 Code, ) Penalty, see WILD, VICIOUS ANIMALS. No persons shall keep or allow to be kept anywhere in the city any animal of a ferocious or vicious character, habit or disposition, or any animal which is wild by nature, including, but not limited to wolves, wolf hybrids and cougars. ('81 Code, ) (Am. Ord. 547, passed ) Penalty, see ANIMAL QUARTERS, DOG KENNELS. This section shall apply to all kennels, and kennel owners shall be responsible for complying with this section. (A) Housing facilities shall be structurally sound and maintained in good repair. Indoor housing facilities shall be adequately ventilated and have ample light, either natural or artificial. (B) Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain and snow together with adequate bedding when temperature falls below 50 F. (C) If dogs are confined by chains, the chains shall be so attached that they cannot become entangled with the chains of other dogs or any other objects. Chains shall be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well-fitted collar. The chains shall be at least three times the length of the dog as measured from the tip of his nose to the base of his or her tail. (D) Enclosure shall be of sufficient size to allow each dog to turn around fully and to stand, sit and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. (E) The temperature for indoor housing facilities shall not be allowed to fall below 50 F for dogs not accustomed to lower temperatures. (F) Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards. (G) Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. (H) The premises, cages, enclosures and all housing facilities shall be clean and disinfected as often as is necessary to maintain clean and sanitary conditions at all times. ('81 Code, ) CARE, TREATMENT OF DOGS IN KENNELS. (A) Dogs shall be fed at least once a day. with clean wholesome food, sufficient to meet the normal nutritional requirements for dog's age, size and condition.

11 11 Animals (B) Clean potable water shall be made available to all dogs at least twice daily for periods of not less than one hour. (C) All feeding and water receptacles shall be kept clean and sanitary at all times. (D) Dogs housed in the same primary enclosure shall be maintained in compatible groups. Puppies shall not be housed in the same primary enclosure with adult dogs, other than their mothers. (E) Any dog exhibiting a vicious disposition shall be housed separately. (F) Females in season shall not be confined in the same enclosure with males, except for breeding purposes. (G) Dogs affected with any clinical evidence of infectious, contagious or communicable disease shall be separated from other dogs in such a manner as to minimize the chance of further infection by other dogs. ('81 Code, ) AUTHORIZATION OF INSPECTION. (A) Periodic inspection will be made by the Animal Control Officer of all kennels licensed under these regulations, in addition to the inspection required prior to obtaining a license or permit. (B) The Animal Control Officer may enter upon the premises of any dog kennel licensed hereunder during normal business hours for the purpose of inspection for compliance with the provision of the law and this regulation. Any violation of these regulations not corrected with ten days after notice will be grounds for revocation of license. ('81 Code, ) DOG HOUSES. (A) Every owner or person in charge or control of any dog which is kept outdoors or, in an unheated enclosure shall provide the dog with shelter and bedding as prescribed in this section as a minimum. (B) Each dog shelter shall include a moisture proof and windproof structure of suitable size to accommodate the dog and to allow retention of body heat, made of durable material with a solid floor raised at least two inches from the ground with the entrance covered by a flexible windproof material or selfclosing swinging door. The ' structure shall be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold, dampness and promote retention of body heat. (C) Shade from the direct rays of the sun during the months of June to September inclusive shall be provided by owner or by person in charge or control... ('81 Code, )

12 12 Animals VETERINARY HOSPITALS. All health standards in this chapter shall apply to veterinary hospitals or similar facilities and such hospital or facility shall be open for inspection at any time by the City Manager or the City Manager s designee. ('81 Code, ) REPORTS BY POUND KEEPER. The Pound Keeper shall account for and pay over to the city each month all money received by him or her pursuant to this chapter. The Pound Keeper shall also give an accurate written report for each month to the Police Department showing all fees collected, all sales made, all animals impounded, the duration of the impoundment and the disposition of any animal. ('81 Code, ) TREATMENT OF ANIMALS. It shall be a violation of this chapter for any person inhumanely, unnecessarily, cruelly or wantonly to beat, injure or otherwise abuse any animal within the city. ('81 Code, ) Penalty, see ABANDONMENT. It is unlawful for any person to abandon a dog/cat or other animal within the city. ('81 Code, ) Penalty, see 10.99