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HomeMy WebLinkAboutNo 888 Dangerous Dogs Ordinance ORDINANCE 888 DANGEROUS DOG ORDINANCE ARTICLE III. DOGS* DIVISION 2. GENERALLY Sec. 10-61. 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: Animal shelter means any premises designated by the city administrative authority for the purposes of impounding and caring for dogs held under authority of this article. Dog means any living dog. Officer means any person designated by the city manager as an enforcement officer. Owner means any person owning, keeping or harboring dogs. Pet shop means any person engaged in the business of feeding, buying, selling or boarding animals of any species. Restraint. A dog or cat is under restraint within the meaning of this Ordinance if it is controlled by a leash which does not extend beyond the boundaries of the private property or within a vehicle being driven or parked on the streets or within the property of its owner/keeper, in a fenced area, if within an electronic fence with signage, controlled by a chain or under owner’s control and supervision. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. (Code 1982, § 7-16) Sec. 10-62. Rules and regulations relating to permits and humane treatment. The council shall promulgate regulations governing the issuance of permits, and such regulations shall include requirements for humane care of the owner's dogs and for compliance with all sections of this article and other applicable state and local laws. The council may amend such regulations from time to time as it deems desirable for the public health and welfare and to protect dogs from cruelty. (Code 1982, § 7-17) Sec. 10-63. Limitation on number for each dwelling unit in residential zones. No more than two dogs over three months of age shall be housed or be kept on any one residential site in any area of the city zoned R-1 residence district or R-2 residence district. No more than one dog of any age shall be kept in a dwelling unit in any area of the city zoned R-3 residence district. (Code 1982, § 7-18) ______________________ *State law reference---Dogs, MINN. Statutes. ch. 347. Sec. 10-64. Enforcement. Officers designated by the city manager and approved by the council shall have police powers in the enforcement of this article; and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. (Code 1982, § 7-19) Sec. 10-65. Violations. (a) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (b) If any person is found guilty by a court of violation of section 10-1, his permit to own, keep, harbor or have custody of dogs shall be deemed automatically revoked; and no new permit may be issued for a period of one year. (Code 1982, § 7-20) Secs. 10-66 - 10-90. Reserved. DIVISION 2. PERMIT Sec. 10-91. Required; exceptions. No person shall, without first obtaining a permit in writing from the clerk, own, keep, harbor, or have custody of any dog over three months of age. However, this section shall not apply to the keeping of small caged birds or aquatic and amphibian animals solely as pets or for police canines of any political subdivision. (Code 1982, § 7-36) Sec. 10-92. Fees; issuance; current rabies vaccination certificate required. (a) Upon a showing by any applicant for a permit required under this division that he is prepared to comply with the regulations promulgated by the council, a permit shall be issued following payment of the applicable fee, as follows: (1) For each dog, the fee is as may be imposed, set, established and fixed by the city council, by resolution, from time to time. (2) No fee or permit shall be required of any Humane Society or veterinary hospital. (b) No permit shall be granted for a dog which has not been vaccinated against rabies as provided in this section on such date, but not more than two years will have elapsed from the date of such vaccination to the time of the expiration of the permit to be issued, unless stated upon the certificate that the vaccination is effective for at least three years. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated, and the applicant shall present an original certificate from a qualified veterinarian showing that the dog to be permitted has been given a vaccination against rabies and the date on which the vaccination was administered. (Code 1982, § 7-37) Sec. 10-93. Term. The permit period under this division shall commence on January 1 of the year the permit is issued and will terminate on December 31 of the year after the permit is issued. (Code 1982, § 7-38; Ord. No. 832, § 1, 11-13-2002) Sec. 10-94. Revocation. The city manager may revoke any permit issued under this division if the person holding the permit refuses or fails to comply with this article, any regulations promulgated by the council pursuant to this article, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all dogs being owned, kept or harbored by such person; and no part of the permit fee shall be refunded. (Code 1982, § 7-39) Sec. 10-95. Tags. Upon issuing a permit to keep any dog under this division, the clerk shall issue to the owner a metallic or durable plastic tag stamped with an identifying number and with the year of issuance and so designated that it may be conveniently fastened to a dog collar or harness. Such tag shall be fastened to the dog’s collar or harness by the owner and shall be worn at all times. The clerk shall maintain a record of the identifying numbers and shall make this record available to the public. (Code 1982, § 7-40) Sec. 10-96. Exemptions from division. The sections of this division requiring a permit shall not apply to owners of certified Seeing Eye and other handicapped-aid dogs, owners and handlers of bona fide working dogs (guard dogs, search dogs, etc.) and nonresidents of the city who are keeping only domestic pets, provided that domestic pets of nonresident owners shall not be kept in the city longer than 30 days annually and the animals shall be kept under restraint. (Code 1982, § 7-41) Secs. 10-97 to 10-125. Reserved. DIVISION 3. RUNNING AT LARGE; NUISANCE Sec. 10-126. Restraint. All dogs shall be kept under restraint at all times in the city. (Code 1982, § 7-51) Sec. 10-127. Duty of owners. (a) No owner or custodian of any dog, whether licensed or unlicensed, shall permit such dog to run at large, with the exception of within a designated off-leash dog area. It shall be the obligation of the owner or custodian of any dog in the city, whether permanently or temporarily therein, to prevent any such dog at anytime to be on any street, public park (with the exception of a park within an off-leash dog area as designated by Ramsey County or the City of Maplewood), school grounds or public place without being effectively restrained by a chain or leash not exceeding eight (8) feet in length. (b) Any person having custody or control of any dog shall have the responsibility for cleaning up any feces of the dog and disposing of such feces in a sanitary manner. It shall furthermore be the duty of each person having the custody and control of any dog to have on such person possession of a device or equipment for picking up and removal of animal feces. This subsection shall not apply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities. (c) No owner or custodian of any dog within the city shall allow the dog to remain outside and unattended for a period exceeding four consecutive hours. For the purpose of this subsection, the term "outside and unattended" shall mean that the dog is on or has free access to the exterior grounds of any premises and the owner or custodian is not physically present and in the company of the dog. (d) Owners or custodians of dogs are hereby charged to prevent their dogs from barking or making other noises which unreasonably disturb the peace and quiet of any person. The phrase "unreasonably disturb the peace and quiet" includes but is not limited to the creation of noises, by such dogs, audible to a peace officer or animal control officer outside the building or premises where the dogs are being kept and which noise occurs repeatedly over five-minute period with a time lapse of one minute or less between repetitions over a five-minute period. Failure on the part of the owner or custodian to prevent a dog from committing such acts shall be subject to penalty provided in section 10-65. (Code 1982, § 7-52) Sec. 10-128. Female dogs in heat. Every female dog in heat in the city shall be confined in a building or secure enclosure in such manner that such female dog cannot come into contact with another dog, except for planned breeding. (Code 1982, § 7-53) Sec. 10-129. Duty of temporary visitors to city. It shall be unlawful for any person temporarily in the city, while staying at any private home or at any public accommodation such as a hotel or motel, to have a dog running at large or to permit his dog at any time, when out of the room or suite occupied by such person, to be upon the street or in any public or private place, unless firmly upon a leash at all times. (Code 1982, § 7-54) Sec. 10-130 to 10-155. Reserved. DIVISION 4. IMPOUNDMENT Sec. 10-156. Authority; notice to known owners; reclamation by owners; humane disposal of unclaimed dogs. Unrestrained dogs running at large in the city may be taken by police, the animal control officer or the Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than five days, unless reclaimed by their owners. If by a permit tag or by other means the owner can be identified, the animal control officer shall immediately, upon impoundment, notify the owner by telephone or mail of the impoundment of the dog. A dog not claimed by its owner within five days shall be humanely disposed of by an agency delegated by the council to exercise that authority. (Code 1982, § 7-66) Sec. 10-157. Fees; additional penalties. Any owner reclaiming a dog under this article, which has been impounded for any reason, shall pay a fee as set by council resolution from time to time. The owner may also be proceeded against for violation of this article, and his permit may be revoked. (Code 1982, § 7-67) Sec. 10-158. Return to owner of dog found at large. Notwithstanding the sections of this division, if a dog is found at large in the city and its owner can be identified and located, such dog need not be impounded but may, instead, be taken to the owner. (Code 1982, § 7-68) Secs. 10-159 to 10-185. Reserved. DIVISION 5. DANGEROUS DOGS Sec. 10-186 to 10-188. Reserved. Sec. 10-189 Dangerous/Potentially Dangerous Dogs. The provisions of Minnesota Statutes 347.50 through 347.56, inclusive, are hereby adopted as the potentially dangerous and dangerous dog regulations for the City of Maplewood. Where a conflict exists between the provisions of the City Code and the provisions of Minnesota Statutes Sections 347.50 through 347.56, inclusive, the provisions of the Minnesota Statutes shall apply. (a) Initial Determination. The City’s designated Animal Control Authority shall be responsible for initially determining (Initial Determination) whether a dog is a potentially dangerous dog or a dangerous dog. The Animal Control Authority may retain custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The Initial Determination shall be conclusive unless the owner appeals the Initial Determination as hereinafter provided. (b) Notice of Initial Determination. The Notice of Initial Determination shall be personally served on the owner of the dog or on a person of suitable age at the residence of such owner. The Notice of Initial Determination shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the Initial Determination and shall inform the owner of the owner’s right to appeal the Initial Determination. (c) Request for Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for Hearing with the City Manager within five (5) days of the owner’s receipt of the Notice of Initial Determination. A hearing shall be held within seven (7) days after the City’s receipt of the Request for Hearing. The City Manager shall assign a Hearing Officer, who shall not be the person who made the Initial Determination. At the hearing, the Hearing Officer shall consider the reports and comments of the Animal Control Authority, the testimony of any witnesses, witness statements and the comments of the owner of the dog. After considering all of the evidence submitted, the Hearing Officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (Final Determination). The findings shall be made within five (5) days of the date of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the residence of the owner. (d) Seizure of Dangerous Dog. The Animal Control Authority shall immediately seize any dangerous dog if, within fourteen (14) days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog: (1) The owner has not registered the dog in compliance with the provisions of Section 10-189 (g). (2) The owner does not secure the proper liability insurance pursuant to Section 10-189 (g) (1) (b). (3) The dangerous dog is not maintained in a proper enclosure. (4) The dangerous dog is outside a proper enclosure and not under the physical restraint of a responsible person. (e) Reclaiming a Dangerous Dog. A dangerous dog may be reclaimed by the owner of the dog upon payment of the impounding and boarding fees and upon presentation of proof to the Animal Control Authority that the requirements of Section 10-189, Subd. g, have been satisfied. A dangerous dog not reclaimed under this provision within seven (7) days may be disposed of as provided in Minnesota Statutes Section 35.71, Subdivision 3, and the owner shall be liable to the Animal Control Authority for costs incurred in confining and disposing of the dangerous dog. (f) Substantial/Great Bodily Harm. Upon a Final Determination and notwithstanding the provisions of Section 10-189, Subd. A-E, a dangerous dog that inflicted substantial bodily harm or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the Animal Control Authority. (g) Dangerous Dog Restrictions. (1) Registration Required. No person may keep a dangerous dog in the City of Maplewood unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a certificate of registration to the owner of the dangerous dog if the owner presents the following information: (a) Proper Enclosure. A Proper Enclosure exists for the dangerous dog and there is a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property. (b) Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (c) Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority, with the costs borne by the dog’s owner. (d) Warning Symbol. The owner has posted a warning symbol to inform children that there is a dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. (e) Tag. The dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the Uniform Dangerous Dog symbol affixed to the dog’s collar at all times. (f) Photograph. The owner of the dangerous dog shall make the dog available to be photographed for identification by the Animal Control Authority at a time and place specified by the Animal Control Authority. (h) Dangerous Dog Regulations. (1) Annual Fee. The owner of a dangerous dog shall pay an annual fee as determined by Council Ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. (2) Annual Renewal. The owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by City Council Ordinance. If the dog is removed from the City of Maplewood, it must be registered as a dangerous dog in its new jurisdiction. (3) Death/Transfer from City. The owner of any dangerous dog must notify the Animal Control Authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within thirty (30) days of the death or transfer. (4) Notice to Landlord. The owner of a dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a dangerous dog that will reside at the property. (5) Sale. The owner of a dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as a dangerous dog. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number. (6) Muzzling. If the dangerous dog is outside a Proper Enclosure, the dog must be muzzled and restrained by substantial chain or leash and be under the physical restraint of a reasonable person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (7) Sterilization. The Animal Control Authority may require a dangerous dog to be sterilized at the owner’s expense. If the owner does not have the dangerous dog sterilized, the Animal Control Authority may have the animal sterilized at the owner’s expense. (i) Potentially Dangerous Dog Restrictions. (1) Registration Required. No person may keep a potentially dangerous dog in the City of Maplewood unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a Certificate of Registration to the owner of a potentially dangerous dog if the owner presents the following information: (a) Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority, with the costs borne by the dog’s owner. (b) Warning Symbol. The owner has posted a warning symbol to inform children that there is a potentially dangerous dog on the property. The Animal Control Authority shall approve the warning symbol and its location on the property. The Animal Control Authority may also require any of the following to register a potentially dangerous dog: (a) Proper Enclosure. A proper enclosure exists for the potentially dangerous dog, and there is a posting on the premises with a clearly visible warning sign, including a warning symbol, to inform children that there is a potentially dangerous dog on the property. (b) Bond/Insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the Animal Control Authority in the sum of at least $50,000, payable to any person injured by the potentially dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the potentially dangerous dog. (c) Photograph. The owner of the potentially dangerous dog shall make the dog available to be photographed for identification by the Animal Control Authority at a time and place specified by the Animal Control Authority. (j) Potentially Dangerous Dog Regulations. (1) Annual Fee. The owner of a potentially dangerous dog shall pay an annual fee as determined by Council Ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. (2) Annual Renewal. The owner of a potentially dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by City Council Ordinance. If the dog is removed from the City of Maplewood, it must be registered as a potentially dangerous dog in its new jurisdiction. (3) Death/Transfer from City. The owner of any potentially dangerous dog must notify the Animal Control Authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within thirty (30) days of the death or transfer. (4) Notice to Landlord. The owner of a potentially dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a potentially dangerous dog that will reside at the property. (5) Sale. The owner of a potentially dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as potentially dangerous. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner’s name, address, and telephone number. Secs. 10-190 - 10-215. Reserved. The Maplewood City Council adopted this ordinance on July 14, 2008.