101 Front Street South, PO Box 550, Barnesville, MN 56514 Phone: 218-354-2281 Email: policedept@barnesvillemn.com
SECTION 6-0201 DOG & CAT REGULATION & LICENSING
Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:
A. “At Large” means off the premises of the owner and is neither controlled by a leash, command of owner of suitable age, nor confined in a vehicle or cage.
B. “Cat” means any domesticated feline animals, male or female, whole or neutered.
C. “Dog” means any domesticated dog, male or female, whole or neutered. Any wolf or wolf hybrid shall be deemed as an animal wild by nature and shall not be deemed as a “dog” under this Section.
D. “Potentially Dangerous Dog” means any dog that:
1. When unprovoked, inflicts bites on a human or domestic animal on public or private property; 2. When unprovoked, chases or approaches a person, 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 3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
E. “Dangerous Dog” means any dog that has:
1. Without provocation, inflicted substantial bodily harm on a human being on public or private property. 2. Killed a domestic animal without provocation while off the owner’s property. 3. When unprovoked, bitten a person or domestic animal on public or private property on two or more occasions.
4. When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack on two or more occasions.
E. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having interest in, or having care, custody, or control of a dog or cat.
F. “Substantial Bodily Harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
Subd 2. Running at Large Prohibited. It is unlawful for the owner of any dog or cat to permit such animal to run at large. The police officers or animal control officer may seize, impound or restrain any dog or cat found running at large. Subdivisions 4 and 5 shall apply to any dog or cat impounded under this Section.
Subd. 3.Dog and Cat License Required. It is unlawful for the owner of any dog or cat, six (6) months of age or more, to keep said dog or cat within the City unless the owner first obtains a license therefore from the City.
A. Application. Application for a dog or cat license shall be upon a form supplied by the City and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine in the State of Minnesota, which certificate shall state that the dog or cat for which application for a license is made, has been inoculated against rabies for at least the period for which the license is applied.
B. Period and Fees. All dog and cat licenses shall expire on January 1st of each license year and shall become delinquent on January 1st of the following year or within six months after the dog’s birth. All fees for the licensing and impounding of dogs and cats, including penalties for late application, shall be fixed, determined and amended by the Council by consolidated ordinance, and uniformly enforced. A copy of the ordinance setting forth currently effective fees shall be kept on file in the office of the City Administrator and open to inspection during regular business hours.
C. Tag Required. Upon payment of the license fee, the City Administrator shall deliver one appropriate tag to the owner of said licensed dog or cat. It is unlawful for the owner of any dog to fail to have the tag firmly affixed to a collar which shall at all times be kept on the dog for which the license is issued. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing payment of the license fee for the current year. Tags shall be non-transferable, and no refund shall be made on any license fee because of leaving the City or death of the dog before expiration of the license.
D. Impoundment. The police officers or animal control officer may seize, impound or restrain any unlicensed dog or cat, or any dog or cat that is without a tag attached to a collar found in the City. The fact that the dog or cat is without a tag attached to a collar shall be presumptive evidence that the dog or cat is unlicensed. To enforce this Section, said officers are empowered and instructed to enter upon any public or private property on which they have reasonable cause to believe there is a dog or cat that is not licensed or tagged as required under this Section.
Subd. 4.Disposition of Impounded Dogs and Cats.
A. Notice of Impounding. The officer who seized, impounded or restrained any dog or cat pursuant to Subdivisions 2 and 3 of this Section shall without delay, notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort; but if the owner be unknown or cannot be ascertained, then the officer shall make available to the Police Department, City Hall and impounding kennel for public inspection the following information: (1) a description of the dog, (2) location of impoundment, and (3) the condition for its release.
B. Redemption. All dogs and cats seized, impounded or restrained pursuant to this Section must be held by the pound master for redemption by the owner for at least five (5) regular business days. If, after the five regular business days an owner does not claim the dog, then any right of redemption shall be deemed to have been waived and the dog or cat shall be disposed of as provided in Subparagraph C of this Subdivision. Any impounded dog or cat shall be released to their owners, as follows: 1. If such dog or cat is owned by a resident of the City, after payment of the impounding fees, and in addition, in the case the dog or cat is not currently licensed, purchase of a license. 2. If such dog or cat is owned by a person not a resident of the City, such owner must provide proof of current rabies immunization of any such dog or cat within 48 hours of release, excluding Saturdays, Sundays and legal holidays, and payment of the impounding fee for the period for which the dog or cat was impounded.
C. Disposition of Unclaimed Dogs and Cats. Any dog or cat which is not claimed within the five-day period, as defined herein, must be made available to any licensed institution which has requested the animal as required by Minnesota Statutes, Section 35.71. If a tag affixed to the animal, or by a statement by the animal’s owner after the animal’s seizure specifies that the animal may not be used for research, the animal must not be made available to any such institution and may, in the discretion of the pound, be sold for less than the amount of the required licensing fee, if applicable, to anyone desiring to purchase the animal, or be destroyed in a proper and humane manner after the expiration of the five-day period.
Subd. 5.Animal Pound Records. Upon the impoundment of any dog or cat pursuant to this Section, an accurate record of the time of such impoundment shall be kept on each animal. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal was received; and, (5) the name and address of the person to whom any animal three months of age or over was transferred.
Subd. 6.Public Nuisance.
A. Unlawful Acts. It is unlawful for the owner of any dog or cat to: 1. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises; 2. Permit such animal to damage or defecate in or upon public property or the property of another; 3. Interfere with any police officer, or other City employee, in the performance of his/her duty to enforce this Subdivision.
B. Impoundment. The animal control officer or police officer may seize, impound or restrain any dog or cat which has been permitted to habitually bark, cry, whimper, howl, whine or emit any other loud or unusual noise for a period of two or more hours whenever the owner of such animal cannot be immediately located or has failed, upon order by the animal control officer or a police officer, to prevent such animal from habitually making such noise. Subdivisions 4 and 5 of this Section shall apply to any cat or dog impounded under this Subdivision.
Subd. 7.Dangerous Dogs.
A. City Registration Required. It is unlawful to own a dangerous dog in the City
unless the dog is registered as provided in this Subdivision.
B. The City shall issue a certificate of registration to the owner of a dangerous dog if the owner present sufficient evidence that: 1. A proper enclosure exists for the dangerous dog and 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; 2. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the City 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 $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; 3. The owner has paid an annual fee of $500.00, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this Section; and 4. The owner has had microchip identification implanted in the dangerous dog as required under Minnesota Statutes 347.515.
C. Dangerous Dog Designation Review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the City review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the City finds sufficient evidence that the dog’s behavior has changed, the authority may rescind the dangerous dog designation.
D. County Registration Required. It is unlawful to own or keep a dangerous dog within the City unless such dog is duly registered with the Clay County Auditor’s Office.
E. Tag Required. It is unlawful for the owner of any dangerous dog, while on the
owner’s property, to not have the standardized, easily identifiable tag affixed to the dog’s collar at all times, identifying the dog as dangerous. A police officer, animal control officer, warden, or other employee or agent of the City assisting a police officer or animal control officer, is hereby authorized to summarily destroy such animal.
F. Enclosure and Muzzling Required. It is unlawful for the owner of any dangerous dog, while on the owner’s property, to have such dog outside a proper enclosure unless such a dog is muzzled, as to prevent the dog from biting any person or animal but not injurious to the dog, and restrained by a substantial chain or leash and under the physical restraint of a responsible person. For purposes of this provision, “proper enclosure” means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog.
G. Destruction of Dangerous Dog. In the event that a dangerous dog appears to be an immediate danger to any person or property, a police officer, animal control officer, warden, or other employee of the City assisting a police officer, is hereby authorized to summarily destroy such animal.
H. Non-Application to Police Dogs. The provisions of this Subdivision shall not
apply to any dangerous dog used by law enforcement officials for public work.
Subd. 8. Disposition of Certain Animals.
A. Generally. The Council is authorized to order the destruction or other disposition of the following: (1) any dog or cat that habitually destroys property or habitually trespasses in a damaging manner on property of persons other than the owner; (2) any dangerous dog; and, (3) any animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the Council waives its authority under this Subdivision, a sworn complaint of any person that any one of the foregoing facts exists may be brought before a District Court Judge in this County. Said Judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said Judge to show cause why said animal should not be seized and killed or otherwise disposed of by the pound master, or any police officer or animal warden. Such summons shall be returnable not more than five (5) days from the date thereof and shall be served at least three (3) days before the time of appearance mentioned therein. Upon such hearing and finding of the facts true as complained of, the Judge may either order the animal killed or order the owner to remove it from the City or may order it confined to a designated place, or may order its sale or other disposition as herein provided for the impounded animal.
B. Notice and Hearing. The Council, after having been advised of the existence of such animal as defined in this Subdivision and having decided to retain its authority under this Section, shall proceed as follows: 1. The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this Subdivision and where applicable, the dates, times and places of animals and persons bitten, attacked, injured or disfigured, or of other violations, and shall be given ten (10) days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten (10) days of the notice, the Council shall make an appropriate order including destruction or other property disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 2. If the owner requests a hearing for the determination as to the disposition of the animal, the hearing shall be held before the Council at a date not more than three (3) weeks after demand for the hearing. The records of the animal control officer shall be admissible for the consideration without further foundation. After considering all evidence, the Council shall make an appropriate order within thirty (30) days of hearing, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 3. The Council may apply to the District Court of Clay County for subpoenas for hearing under Item 2, above.
C. Concealing of Animals. It is unlawful for any person to harbor, hide or conceal an animal which has been ordered into custody for destruction or other proper disposition.
Subd. 9. Immobilization of Dogs or Cats. For the purpose of enforcement of this Section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer, may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal believed to be in violation of this Section.
Subd. 10. Rabies Control.
A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this Subdivision and possess a certificate of a veterinarian duly licensed to practice medicine within the State of Minnesota, which certificate shall state that the dog or cat has a current inoculation against rabies. Any dog vaccinated with a modified live or trimmune killed rabies vaccine shall be revaccinated at no more than 24 month intervals; any dog vaccinated with any other killed rabies vaccine shall be revaccinated at no more than 12 month intervals. Any cat shall be revaccinated at no more than 12 month intervals for any and all types of vaccines used.
B. Animal Bites.
1. Persons Bitten. (a) Whenever any dog or cat has bitten a person, the owner must: (1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog or cat at the owner’s home or other suitable place of confinement as directed by the responsible officer of the City for a period of ten (10) days after the occurrence.
(b) During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less than five (5) feet high and so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming into contact with persons or other animals. (c) If the dog or cat dies or shows signs of illness or if it escapes, the animal control officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat biting a person, shall be at the expense of the owner of the biting animal. (d) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the Minnesota Department of Health, Division of Public Health Laboratories to be determined if the animal has been infected with rabies. 2. Dog or Cat Bitten. (a) Whenever any rabid-bearing animal has bitten a dog or cat, the owner of the bitten dog or cat, having been so notified, either orally or in writing, must: (1) provide a certificate of current inoculation to the Police Department; (2) immediately revaccinate the dog or cat; and (3) immediately quarantine the dog or cat at the owner’s home or other suitable place of confinement as directed by the responsible officer of the City for a period of 180 days. The dog or cat may be released from quarantine after forty (40) days if the following are satisfied: (1) The dog or cat was vaccinated for rabies at least 21 days before exposure; (2) The dog or cat was revaccinated for rabies immediately after exposure at which time the 40-day period shall begin; and (3) A written report as required by State law is received by the Board of Animal Health. (b) Any quarantine of a dog or cat under this Subdivision shall be in accordance with Item 1, (b) of this Subparagraph B. (c) If the dog or cat dies or shows signs of illness or escapes, the animal control officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat bitten by another animal shall be at the expense of the owner of the dog or cat bitten. (d) In the event that a certificate of current rabies inoculation is not provided, or the owner of the dog or cat bitten fails to comply with the provisions herein, or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies and shall be quarantined as provided in Item 1, (b) of this Subparagraph B. Any animal, other than a dog or cat, which has bitten a dog or cat shall be destroyed and taken to the Minnesota Department of Health, Division of Public Health laboratories to be determined if the animal has been infected with rabies.
Subd. 11. Number of Animals Restricted. The number of licensed animals permitted shall not exceed four (4) per dwelling unit. Any existing dwelling which becomes non-conforming on the effective date of this Section shall not have the number of permitted animals enlarged, but may continue with the existing animals until the death of the animals in excess of the permitted number.
SECTION. 6-0202. WILD ANIMAL REGULATION
Subd. 1. Purpose. This Section is adopted for the purpose of protecting the health, safety and welfare of the residents of the City.
Subd. 2. Definition. For the purposes of this Section, the term "wild animal" means and includes any animal, not of the traditional domesticated species, which is inherently dangerous and presents a potential risk to the public.
Subd. 3. Running at Large Prohibited. It is unlawful for the owner of any wild animal to permit such animal to run at large. Any animal shall be deemed to be running at large with the permission of the owner unless it is effectively confined within a motor vehicle, building, or enclosure.
Subd. 4. Permit Required. It is unlawful for any person to keep, shelter or harbor any
wild animal without a permit therefore from the City.
Subd. 5. Permit Term and Fees. All permits shall be issued for a term of two (2) years and the fee for such permits shall be fixed and determined by the Council, adopted by consolidated ordinance and uniformly enforced. Such fee may from time to time be amended by the Council.
Subd. 6. Conditions of Permit. No permit for the keeping of wild animals shall be issued until the applicant has met the following criteria for the keeping and housing of wild animals:
A. A plan is approved by the Council which establishes the nature and size of the cage or enclosure to house the animal considering the animal's size, weight, strength and relative danger to the public; specifying all protective devices to be maintained to restrain the animal and discourage tampering by humans and other animals; providing for suitable exercise facilities; and an emergency response plan to be on file with the City.
B. Erection and maintenance of suitable fencing for the protection of adjoining property owners and the general public.
C. Providing suitable sanitation controls so as not to create a public or private nuisance.
D. Proof of insurance for medical expense and liability.
Subd. 7. Inspection. Prior to the issuance of the permit, the City shall require an inspection be made to determine that the facilities are suitable for the protection of the health, safety and welfare of the public. Such inspection shall be made by a person approved by the City and the cost of such inspection shall be borne by the applicant.
Subd. 8. Suspension or Revocation of Permit. The Council may, for any violation or
other reasonable cause: (1) refuse to grant any renewal application; (2) suspend for a period of sixty (60) days; or (3) revoke any permit issued under this Section. Such action shall be made only upon a finding that the permittee has failed to comply with the provisions of this Section. The Council shall take such immediate action as it deems necessary for the public protection to remedy any potentially dangerous situation. The owner of such animal shall be responsible for any expense incurred as the result of such action. Before revocation of any permit, the Council shall give notice to the permittee and grant such permittee opportunity to be heard. The permittee shall have thirty (30) days following a revocation hearing to correct any violations of this Section found to be the basis for revocation, during which time period the revocation shall be suspended.
SECTION 6-0203. ANIMALS AND FOWL - KEEPING, TRANSPORTING, TREATMENT, HOUSING
Subd. 1. Definitions. As used in this Section, the following definitions shall apply.
A. "Farm Animals" - Cattle, horses, mules, donkeys sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, rabbits guinea hens and honey bees.
B. "Animals" - Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds.
Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the City zoned for agricultural purposes, or, (2) animals kept as part of a show licensed under the City Code, or, (3) animals used in a parade for which a permit has been issued, or, (4) animals kept in a laboratory for scientific or experimental purposes, or, (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.
Subd. 3. Animals in Transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or, (2) farm animals being transported in a portion of the City zoned for agricultural purposes, or, (3) restrained by means of bridles, halters, ropes or other means of individual restraint.
Subd. 4. Treatment. It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner.
Subd. 5. Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements.
Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefore from the owner.
SECTION. 6-0204 ANIMAL WASTE
Subd. 1. Definitions. For the purpose of this Section:
A. "Owner" means any person who harbors, feeds, boards, possesses, keeps or has custody of an animal.
B. "Animal" means a dog, cat or other animal.
Subd. 2. Unlawful Acts. It is unlawful for any owner to:
A. Suffer or permit an animal to defecate upon public property, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner.
B. Suffer or permit an animal to be upon public property, or the private property of
another, unless such animal is in the custody of a person of suitable age and discretion having in his/her possession equipment and supplies for excrement removal.
C. Permit animal excrement to accumulate for a period in excess of seven (7) days on premises occupied by him/her without removal and sanitary disposal.
Subd. 3. Exceptions. The provisions of Subdivision 2, Subparagraphs A and B, do not
apply to a guide dog accompanying a blind person, a service dog accompanying a disabled person, or a dog while engaged in police or rescue activity.
Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:
A. “At Large” means off the premises of the owner and is neither controlled by a leash, command of owner of suitable age, nor confined in a vehicle or cage.
B. “Cat” means any domesticated feline animals, male or female, whole or neutered.
C. “Dog” means any domesticated dog, male or female, whole or neutered. Any wolf or wolf hybrid shall be deemed as an animal wild by nature and shall not be deemed as a “dog” under this Section.
D. “Potentially Dangerous Dog” means any dog that:
1. When unprovoked, inflicts bites on a human or domestic animal on public or private property; 2. When unprovoked, chases or approaches a person, 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 3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
E. “Dangerous Dog” means any dog that has:
1. Without provocation, inflicted substantial bodily harm on a human being on public or private property. 2. Killed a domestic animal without provocation while off the owner’s property. 3. When unprovoked, bitten a person or domestic animal on public or private property on two or more occasions.
4. When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack on two or more occasions.
E. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having interest in, or having care, custody, or control of a dog or cat.
F. “Substantial Bodily Harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
Subd 2. Running at Large Prohibited. It is unlawful for the owner of any dog or cat to permit such animal to run at large. The police officers or animal control officer may seize, impound or restrain any dog or cat found running at large. Subdivisions 4 and 5 shall apply to any dog or cat impounded under this Section.
Subd. 3.Dog and Cat License Required. It is unlawful for the owner of any dog or cat, six (6) months of age or more, to keep said dog or cat within the City unless the owner first obtains a license therefore from the City.
A. Application. Application for a dog or cat license shall be upon a form supplied by the City and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine in the State of Minnesota, which certificate shall state that the dog or cat for which application for a license is made, has been inoculated against rabies for at least the period for which the license is applied.
B. Period and Fees. All dog and cat licenses shall expire on January 1st of each license year and shall become delinquent on January 1st of the following year or within six months after the dog’s birth. All fees for the licensing and impounding of dogs and cats, including penalties for late application, shall be fixed, determined and amended by the Council by consolidated ordinance, and uniformly enforced. A copy of the ordinance setting forth currently effective fees shall be kept on file in the office of the City Administrator and open to inspection during regular business hours.
C. Tag Required. Upon payment of the license fee, the City Administrator shall deliver one appropriate tag to the owner of said licensed dog or cat. It is unlawful for the owner of any dog to fail to have the tag firmly affixed to a collar which shall at all times be kept on the dog for which the license is issued. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing payment of the license fee for the current year. Tags shall be non-transferable, and no refund shall be made on any license fee because of leaving the City or death of the dog before expiration of the license.
D. Impoundment. The police officers or animal control officer may seize, impound or restrain any unlicensed dog or cat, or any dog or cat that is without a tag attached to a collar found in the City. The fact that the dog or cat is without a tag attached to a collar shall be presumptive evidence that the dog or cat is unlicensed. To enforce this Section, said officers are empowered and instructed to enter upon any public or private property on which they have reasonable cause to believe there is a dog or cat that is not licensed or tagged as required under this Section.
Subd. 4.Disposition of Impounded Dogs and Cats.
A. Notice of Impounding. The officer who seized, impounded or restrained any dog or cat pursuant to Subdivisions 2 and 3 of this Section shall without delay, notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort; but if the owner be unknown or cannot be ascertained, then the officer shall make available to the Police Department, City Hall and impounding kennel for public inspection the following information: (1) a description of the dog, (2) location of impoundment, and (3) the condition for its release.
B. Redemption. All dogs and cats seized, impounded or restrained pursuant to this Section must be held by the pound master for redemption by the owner for at least five (5) regular business days. If, after the five regular business days an owner does not claim the dog, then any right of redemption shall be deemed to have been waived and the dog or cat shall be disposed of as provided in Subparagraph C of this Subdivision. Any impounded dog or cat shall be released to their owners, as follows: 1. If such dog or cat is owned by a resident of the City, after payment of the impounding fees, and in addition, in the case the dog or cat is not currently licensed, purchase of a license. 2. If such dog or cat is owned by a person not a resident of the City, such owner must provide proof of current rabies immunization of any such dog or cat within 48 hours of release, excluding Saturdays, Sundays and legal holidays, and payment of the impounding fee for the period for which the dog or cat was impounded.
C. Disposition of Unclaimed Dogs and Cats. Any dog or cat which is not claimed within the five-day period, as defined herein, must be made available to any licensed institution which has requested the animal as required by Minnesota Statutes, Section 35.71. If a tag affixed to the animal, or by a statement by the animal’s owner after the animal’s seizure specifies that the animal may not be used for research, the animal must not be made available to any such institution and may, in the discretion of the pound, be sold for less than the amount of the required licensing fee, if applicable, to anyone desiring to purchase the animal, or be destroyed in a proper and humane manner after the expiration of the five-day period.
Subd. 5.Animal Pound Records. Upon the impoundment of any dog or cat pursuant to this Section, an accurate record of the time of such impoundment shall be kept on each animal. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal was received; and, (5) the name and address of the person to whom any animal three months of age or over was transferred.
Subd. 6.Public Nuisance.
A. Unlawful Acts. It is unlawful for the owner of any dog or cat to: 1. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises; 2. Permit such animal to damage or defecate in or upon public property or the property of another; 3. Interfere with any police officer, or other City employee, in the performance of his/her duty to enforce this Subdivision.
B. Impoundment. The animal control officer or police officer may seize, impound or restrain any dog or cat which has been permitted to habitually bark, cry, whimper, howl, whine or emit any other loud or unusual noise for a period of two or more hours whenever the owner of such animal cannot be immediately located or has failed, upon order by the animal control officer or a police officer, to prevent such animal from habitually making such noise. Subdivisions 4 and 5 of this Section shall apply to any cat or dog impounded under this Subdivision.
Subd. 7.Dangerous Dogs.
A. City Registration Required. It is unlawful to own a dangerous dog in the City
unless the dog is registered as provided in this Subdivision.
B. The City shall issue a certificate of registration to the owner of a dangerous dog if the owner present sufficient evidence that: 1. A proper enclosure exists for the dangerous dog and 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; 2. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the City 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 $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; 3. The owner has paid an annual fee of $500.00, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this Section; and 4. The owner has had microchip identification implanted in the dangerous dog as required under Minnesota Statutes 347.515.
C. Dangerous Dog Designation Review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the City review the designation. The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the City finds sufficient evidence that the dog’s behavior has changed, the authority may rescind the dangerous dog designation.
D. County Registration Required. It is unlawful to own or keep a dangerous dog within the City unless such dog is duly registered with the Clay County Auditor’s Office.
E. Tag Required. It is unlawful for the owner of any dangerous dog, while on the
owner’s property, to not have the standardized, easily identifiable tag affixed to the dog’s collar at all times, identifying the dog as dangerous. A police officer, animal control officer, warden, or other employee or agent of the City assisting a police officer or animal control officer, is hereby authorized to summarily destroy such animal.
F. Enclosure and Muzzling Required. It is unlawful for the owner of any dangerous dog, while on the owner’s property, to have such dog outside a proper enclosure unless such a dog is muzzled, as to prevent the dog from biting any person or animal but not injurious to the dog, and restrained by a substantial chain or leash and under the physical restraint of a responsible person. For purposes of this provision, “proper enclosure” means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog.
G. Destruction of Dangerous Dog. In the event that a dangerous dog appears to be an immediate danger to any person or property, a police officer, animal control officer, warden, or other employee of the City assisting a police officer, is hereby authorized to summarily destroy such animal.
H. Non-Application to Police Dogs. The provisions of this Subdivision shall not
apply to any dangerous dog used by law enforcement officials for public work.
Subd. 8. Disposition of Certain Animals.
A. Generally. The Council is authorized to order the destruction or other disposition of the following: (1) any dog or cat that habitually destroys property or habitually trespasses in a damaging manner on property of persons other than the owner; (2) any dangerous dog; and, (3) any animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the Council waives its authority under this Subdivision, a sworn complaint of any person that any one of the foregoing facts exists may be brought before a District Court Judge in this County. Said Judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said Judge to show cause why said animal should not be seized and killed or otherwise disposed of by the pound master, or any police officer or animal warden. Such summons shall be returnable not more than five (5) days from the date thereof and shall be served at least three (3) days before the time of appearance mentioned therein. Upon such hearing and finding of the facts true as complained of, the Judge may either order the animal killed or order the owner to remove it from the City or may order it confined to a designated place, or may order its sale or other disposition as herein provided for the impounded animal.
B. Notice and Hearing. The Council, after having been advised of the existence of such animal as defined in this Subdivision and having decided to retain its authority under this Section, shall proceed as follows: 1. The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this Subdivision and where applicable, the dates, times and places of animals and persons bitten, attacked, injured or disfigured, or of other violations, and shall be given ten (10) days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten (10) days of the notice, the Council shall make an appropriate order including destruction or other property disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 2. If the owner requests a hearing for the determination as to the disposition of the animal, the hearing shall be held before the Council at a date not more than three (3) weeks after demand for the hearing. The records of the animal control officer shall be admissible for the consideration without further foundation. After considering all evidence, the Council shall make an appropriate order within thirty (30) days of hearing, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. 3. The Council may apply to the District Court of Clay County for subpoenas for hearing under Item 2, above.
C. Concealing of Animals. It is unlawful for any person to harbor, hide or conceal an animal which has been ordered into custody for destruction or other proper disposition.
Subd. 9. Immobilization of Dogs or Cats. For the purpose of enforcement of this Section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer, may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal believed to be in violation of this Section.
Subd. 10. Rabies Control.
A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this Subdivision and possess a certificate of a veterinarian duly licensed to practice medicine within the State of Minnesota, which certificate shall state that the dog or cat has a current inoculation against rabies. Any dog vaccinated with a modified live or trimmune killed rabies vaccine shall be revaccinated at no more than 24 month intervals; any dog vaccinated with any other killed rabies vaccine shall be revaccinated at no more than 12 month intervals. Any cat shall be revaccinated at no more than 12 month intervals for any and all types of vaccines used.
B. Animal Bites.
1. Persons Bitten. (a) Whenever any dog or cat has bitten a person, the owner must: (1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog or cat at the owner’s home or other suitable place of confinement as directed by the responsible officer of the City for a period of ten (10) days after the occurrence.
(b) During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less than five (5) feet high and so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming into contact with persons or other animals. (c) If the dog or cat dies or shows signs of illness or if it escapes, the animal control officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat biting a person, shall be at the expense of the owner of the biting animal. (d) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the Minnesota Department of Health, Division of Public Health Laboratories to be determined if the animal has been infected with rabies. 2. Dog or Cat Bitten. (a) Whenever any rabid-bearing animal has bitten a dog or cat, the owner of the bitten dog or cat, having been so notified, either orally or in writing, must: (1) provide a certificate of current inoculation to the Police Department; (2) immediately revaccinate the dog or cat; and (3) immediately quarantine the dog or cat at the owner’s home or other suitable place of confinement as directed by the responsible officer of the City for a period of 180 days. The dog or cat may be released from quarantine after forty (40) days if the following are satisfied: (1) The dog or cat was vaccinated for rabies at least 21 days before exposure; (2) The dog or cat was revaccinated for rabies immediately after exposure at which time the 40-day period shall begin; and (3) A written report as required by State law is received by the Board of Animal Health. (b) Any quarantine of a dog or cat under this Subdivision shall be in accordance with Item 1, (b) of this Subparagraph B. (c) If the dog or cat dies or shows signs of illness or escapes, the animal control officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat bitten by another animal shall be at the expense of the owner of the dog or cat bitten. (d) In the event that a certificate of current rabies inoculation is not provided, or the owner of the dog or cat bitten fails to comply with the provisions herein, or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies and shall be quarantined as provided in Item 1, (b) of this Subparagraph B. Any animal, other than a dog or cat, which has bitten a dog or cat shall be destroyed and taken to the Minnesota Department of Health, Division of Public Health laboratories to be determined if the animal has been infected with rabies.
Subd. 11. Number of Animals Restricted. The number of licensed animals permitted shall not exceed four (4) per dwelling unit. Any existing dwelling which becomes non-conforming on the effective date of this Section shall not have the number of permitted animals enlarged, but may continue with the existing animals until the death of the animals in excess of the permitted number.
SECTION. 6-0202. WILD ANIMAL REGULATION
Subd. 1. Purpose. This Section is adopted for the purpose of protecting the health, safety and welfare of the residents of the City.
Subd. 2. Definition. For the purposes of this Section, the term "wild animal" means and includes any animal, not of the traditional domesticated species, which is inherently dangerous and presents a potential risk to the public.
Subd. 3. Running at Large Prohibited. It is unlawful for the owner of any wild animal to permit such animal to run at large. Any animal shall be deemed to be running at large with the permission of the owner unless it is effectively confined within a motor vehicle, building, or enclosure.
Subd. 4. Permit Required. It is unlawful for any person to keep, shelter or harbor any
wild animal without a permit therefore from the City.
Subd. 5. Permit Term and Fees. All permits shall be issued for a term of two (2) years and the fee for such permits shall be fixed and determined by the Council, adopted by consolidated ordinance and uniformly enforced. Such fee may from time to time be amended by the Council.
Subd. 6. Conditions of Permit. No permit for the keeping of wild animals shall be issued until the applicant has met the following criteria for the keeping and housing of wild animals:
A. A plan is approved by the Council which establishes the nature and size of the cage or enclosure to house the animal considering the animal's size, weight, strength and relative danger to the public; specifying all protective devices to be maintained to restrain the animal and discourage tampering by humans and other animals; providing for suitable exercise facilities; and an emergency response plan to be on file with the City.
B. Erection and maintenance of suitable fencing for the protection of adjoining property owners and the general public.
C. Providing suitable sanitation controls so as not to create a public or private nuisance.
D. Proof of insurance for medical expense and liability.
Subd. 7. Inspection. Prior to the issuance of the permit, the City shall require an inspection be made to determine that the facilities are suitable for the protection of the health, safety and welfare of the public. Such inspection shall be made by a person approved by the City and the cost of such inspection shall be borne by the applicant.
Subd. 8. Suspension or Revocation of Permit. The Council may, for any violation or
other reasonable cause: (1) refuse to grant any renewal application; (2) suspend for a period of sixty (60) days; or (3) revoke any permit issued under this Section. Such action shall be made only upon a finding that the permittee has failed to comply with the provisions of this Section. The Council shall take such immediate action as it deems necessary for the public protection to remedy any potentially dangerous situation. The owner of such animal shall be responsible for any expense incurred as the result of such action. Before revocation of any permit, the Council shall give notice to the permittee and grant such permittee opportunity to be heard. The permittee shall have thirty (30) days following a revocation hearing to correct any violations of this Section found to be the basis for revocation, during which time period the revocation shall be suspended.
SECTION 6-0203. ANIMALS AND FOWL - KEEPING, TRANSPORTING, TREATMENT, HOUSING
Subd. 1. Definitions. As used in this Section, the following definitions shall apply.
A. "Farm Animals" - Cattle, horses, mules, donkeys sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, rabbits guinea hens and honey bees.
B. "Animals" - Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds.
Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the City zoned for agricultural purposes, or, (2) animals kept as part of a show licensed under the City Code, or, (3) animals used in a parade for which a permit has been issued, or, (4) animals kept in a laboratory for scientific or experimental purposes, or, (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.
Subd. 3. Animals in Transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or, (2) farm animals being transported in a portion of the City zoned for agricultural purposes, or, (3) restrained by means of bridles, halters, ropes or other means of individual restraint.
Subd. 4. Treatment. It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner.
Subd. 5. Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements.
Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefore from the owner.
SECTION. 6-0204 ANIMAL WASTE
Subd. 1. Definitions. For the purpose of this Section:
A. "Owner" means any person who harbors, feeds, boards, possesses, keeps or has custody of an animal.
B. "Animal" means a dog, cat or other animal.
Subd. 2. Unlawful Acts. It is unlawful for any owner to:
A. Suffer or permit an animal to defecate upon public property, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner.
B. Suffer or permit an animal to be upon public property, or the private property of
another, unless such animal is in the custody of a person of suitable age and discretion having in his/her possession equipment and supplies for excrement removal.
C. Permit animal excrement to accumulate for a period in excess of seven (7) days on premises occupied by him/her without removal and sanitary disposal.
Subd. 3. Exceptions. The provisions of Subdivision 2, Subparagraphs A and B, do not
apply to a guide dog accompanying a blind person, a service dog accompanying a disabled person, or a dog while engaged in police or rescue activity.
City of Barnesville
ANIMAL ORDINANCES
ANIMAL ORDINANCES
