1. Responsible Person. Any person, firm, partnership, or corporation possessing, harboring, keeping or having care, custody, or control of a dog or cat.
2. Maximum Number of Dogs and Cats. No person, partnership or corporation may possess, harbor, keep or have care, custody or control of more than three (3) total dogs and cats over six (6) months of age.
3. Pound. Any premises designated by the City Council for the purpose of impounding and caring for dogs held under the authority of this Chapter.
4. Officer. Any police officer of the City or persons designated by the City Council to assist in the enforcement of this Ordinance and Minnesota Statute Chapter 347. Such persons shall have police powers insofar as is necessary to enforce this Chapter, and no person shall interfere with, hinder or molest them in exercise of such powers.
5. Restraint. Dogs and cats shall be deemed to be under restraint if on the premises of a responsible person, as defined in this Code, confined in a motor vehicle, or if accompanied by a responsible person under that person’s effective control on a leash not exceeding six feet in length.
6. Dangerous Dog.
"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 responsible person's property; or
(3) been found to be potentially dangerous, and after the responsible person has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
7. Potentially Dangerous Dog.
"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 responsible person'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.
8. Proper enclosure.
"Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal it of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the animal from exiting.
9. Substantial bodily harm. "Substantial bodily harm" has the meaning given it under Minnesota Statute section 609.02, subdivision 7a, as amended from time to time.
10. Great bodily harm. "Great bodily harm" has the meaning given it under Minnesota Statute section 609.02, subdivision 8, as amended from time to time.
11. Provocation. "Provocation" means an act that an adult could reasonably expect may cause an animal attack or bite.
11.01.02. License Required. No person shall own, keep, harbor or have custody of any dog or cat over six (6) months of age without first obtaining a license therefore from the City Clerk or his agent. Applications for a license shall be made on forms prescribed by the City Clerk.
11.01.03. Requirements for License.
1. Licenses Issued.
a.) Licenses shall be valid annually for the dog and cat and shall expire on December 31 of each year and will be set by the City Council.
b.) Licenses shall be valid for the lifetime of the dog or cat and shall be issued only upon one time payment of fees to be set by the City Council.
a.) Every annual application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog or cat to be licensed has been given a vaccination against rabies within the time hereinafter specified. The responsible person shall keep the rabies vaccination current for any dog or cat licensed hereunder and shall furnish proof thereof upon request to the City.
b.) Every application for a lifetime license shall provide annually a certificate from a qualified veterinarian showing that the dog or cat to be licensed has been given a current and valid vaccination against rabies. The responsible person shall furnish proof to the city every year on or before January 31.
3. Record of License. The City Clerk shall keep a record of all licenses issued and shall issue a metal tag for each license. A copy of this Ordinance will be received by the responsible person at the time of initial licensing of the cat or dog.
11.01.04. Date of Payment. It shall be the duty of the responsible person upon acquiring ownership or possession of any unlicensed dog or cat or upon establishing residence in the City.
11.01.05. Receipts and Tags. Upon fulfilling all requirements for issuance of a license, including payment of the license fee, the Clerk shall execute a receipt in duplicate. The Clerk shall deliver the original receipt to the person who pays the fee and retain the duplicate. The Clerk shall also procure a sufficient number of suitable tags, deliver one appropriate tag to the responsible person when the fee is paid.
11.01.06. Affixing Tags. The responsible person shall cause said tag to be affixed by a permanent metal fastening to the collar of the dog or cat so licensed in such a manner that the tag may be easily seen by the officers of the City. The Responsible Person shall see that the tag is constantly worn by such dog.
11.01.07. Responsible Person Obligation for Proper Care. No responsible person shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog fight. No responsible person shall abandon such animal.
11.01.08. Animals Under Restraint. All dogs and cats within the City limits of Renville shall be kept under restraint, as defined in this Chapter. It is no defense that the responsible person took unsuccessful steps to keep the animal under restraint.
11.01.09. Obligation to Prevent Nuisances. It shall be the obligation and responsibility of the Responsible Person possessing, harboring, keeping or having care, custody, or control of an animal in the City, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. It shall be considered a nuisance for any animal to habitually or frequently: bark or cry at night; unreasonably disturb the comfort or repose of persons in the vicinity as defined at 8.12.01, subd. 9 of this Code; to frequent school grounds, parks; to chase vehicles; to worry, chase or molest any persons, if such person is not on the property of the responsible person or custodian of such animal; to worry, chase or molest any persons traveling peaceably on the public road; or to molest, defile or destroy any property public or private; or otherwise become a hazard to the health, safety or welfare of the general public. Failure on the part of the Responsible Person to prevent his animals from committing an act of nuisance shall be subject to the penalty hereinafter provided.
11.01.10. Animal Waste. The Responsible Person of every animal shall be responsible for the removal of any excreta deposited by his animal(s) on public walks, recreation areas, or private property.
11.01.11. Impoundment. An Officer may apprehend and impound any animal found under circumstances that are in violation of any of the provisions of this Chapter or upon reasonable belief that the animal is diseased, rabid, or exposed to rabies. Unrestrained dogs may be taken by any officer and impounded in an animal shelter and there confined in a humane manner. Impounded dogs shall be kept for five (5) business days unless reclaimed prior to that time by their responsible person as provided hereafter.
1. Notice of Impoundment. Upon taking up and impounding any dog, the Dog Catcher shall, within one day thereafter, post in three (3) or more conspicuous places in the City a notice of impounding and mail a copy of these to the responsible person if the name and address of the responsible person is known.
2. Redemption. Any dog may be reclaimed from the dog pound by its responsible person within the time specified in the notice by the payment to the City Clerk of the license fee with an impounding fee to be determined by the City Council on an annual basis. Notwithstanding this Section, the responsible person shall remain subject to Section 11.01.14 for animals impounded pursuant to quarantine, and subject to other penalties contained in this Chapter.
3. Disposition of Unclaimed Dogs. Any dog which is not claimed as provided in Subd. 2 of this Section within five (5) business days after impounding, may be sold with the proceeds of said sale being returned to the City. If after making reasonable efforts to sell the dog, no sale is obtained the dog may be destroyed, or given away at the discretion of the Chief of Police.
11.01.12. Permissible Return of Unrestrained Animal. Notwithstanding the provisions of Section 11.01.11, if an animal is found unrestrained and its responsible person can be identified and located, such animal need not be impounded but may, instead, be taken to the responsible person upon payment of fees as set by the City Council on an annual basis. In such case, however, proceedings may be taken against the responsible person for violation of this Chapter.
11.01.13. Female Dogs and Cats. Every female dog and cat in heat within the City of
11.01.14. Quarantine of Certain Dogs.
A. All dog bites shall be reported to the City Clerk and the County Health Officer. Any dog which bites a person shall be quarantined for such time as may be directed by the County Health Officer. During quarantine, the dog shall be securely confined and kept from contact with any other animal. At the discretion of the Officer, the quarantine may be on the premises of the responsible person; however, if the Officer requires other confinement the responsible person shall surrender the dog for the quarantine period, directed by the health officer, to an animal shelter or shall, at his own expense, place it in a veterinary hospital or the Officer is authorized to take said dog to the pound.
B. Upon expiration of the quarantine, if it is determined the dog did not and does not have a disease which might have been transmitted by such bite, the dog may be released by the animal containment facility and reclaimed from the facility as provided in this section.
C. Disposition of animals exposed to rabies. Any animal which has been bitten by a rabid animal or has otherwise been exposed to rabies shall be euthanized with the responsible person's consent or quarantined and kept in a manner as directed by the animal control officer for a period of six months, requiring a series of three rabies vaccinations during quarantine. If the animal has been vaccinated at least three weeks but not more than one year before such bite or exposure to a source of rabies and if it is again immediately vaccinated, then such animal will be confined in the animal containment facility for a period of 40 days before it is released. Impounded animals shall not be released prior to an examination by a licensed veterinarian and certification that the animal does not have rabies.
D. Redemption of confined animals.
(1) An animal impounded at the animal containment facility pursuant to the terms of this section may be redeemed upon notification that any required confinement period has expired.
(2) Such notification shall be given by the animal containment facility in the same manner as the notice required in section 11.01.11 except that the redemption period shall be specified pursuant to the terms of subsection (d)(3) of this section.
(3) Any such animal may be redeemed within five regular business days after the date the notice is mailed or posted, whichever the case may be, after which time the animal will be disposed of if not redeemed.
E. Authority to seize animal. If the animal control officer or police officer has a reasonable basis to believe an animal has rabies, the animal shall be seized. The animal control officer or police officer shall notify the state board of public health and may destroy the animal and test the carcass to confirm the existence of rabies.
11.01.15 Dangerous Dogs
(a) Designation as dangerous dogs. The Chief of Police shall designate any dog as a dangerous dog upon receiving evidence that the dog meets any of the criteria in 11.01.01 subd. 6.
(b) Procedure. The Chief of Police, after having determined that a dog is dangerous, may proceed in the following manner:
(1)The responsible person(s) of the animal shall be notified in writing or in person that the animal has been determined to be dangerous and that the animal is to be seized and destroyed or that the responsible person must comply with the conditions set forth in 11.01.16. This notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and that the responsible person(s) have fourteen (14) days to appeal the determination by requesting a hearing before the City.
a. If no appeal is filed, the orders issued will stand.
b. If an responsible person requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before the City not more than three (3) weeks after demand for said hearing. Pending a hearing on the determination, the dog may be seized and kept at animal control unless the responsible person shows proof that the dog is licensed, if required, has met the requirement, if any, for rabies vaccinations, and agrees that the dog will not be permitted to be outside without being in a proper enclosure or being restrained on a leash and wearing a muzzle.
c. The records of the department of safety and inspections including those of animal control, and any police reports relating to an attack or bite shall be admissible for consideration by the hearing officer without further foundation.
d. After considering all evidence pertaining to the temperament of the animal, the City shall make such order as he/she deems proper. The City may order that the Chief of Police take the dog into custody for destruction, if such animal is not currently in custody. If the dog is ordered into custody for destruction, the responsible person shall immediately make the dog available to the Chief of Police and failure to do so shall be a misdemeanor.
(2) Nothing in this section shall prevent the City from ordering the immediate seizure and quarantine of a rabies-suspected animal.
(3) The City or Responsible Person may apply to the district court of the county for subpoenas for dangerous or potentially dangerous animal hearings.
(c) Authority to order destruction. The City, upon finding that a dog is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing one (1) or more of the following findings of fact:
(1) The dog is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or
(2) The responsible person of the dog has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals.
(d) Stopping an attack. If any police officer or animal control officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
(a) Requirements. If the City does not order the destruction of a dog that has been declared dangerous, the City shall, as an alternative, order all of the following. If, in reviewing the conditions for keeping a dangerous animal there have been no ordinance violations for a period of two years, the Chief of Police may use discretion in determining whether the conditions set forth below are still required:
(1) That the responsible person provide and maintain a proper enclosure for the dangerous animal as specified in this Chapter; and
(2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51, as amended from time to time; and
(3) Provides and shows proof annually of public liability insurance paid in full in the minimum amount of three hundred thousand dollars ($300,000.00). The responsible person shall have fifteen business days from the request to show proof of insurance, except that if the dog is impounded, proof of insurance must be demonstrated prior to the dog's release; and
(4) The dog must be muzzled and restrained by a substantial chain or leash (not to exceed three (3) feet in length) and under the physical restraint of a person eighteen (18) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; and
(5) The dog must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to the dog's collar at all times as specified in Minnesota Statute 347.51; and
(6) Provides and shows proof of microchip identification as required by
(b) Seizure. Animal control may immediately seize any dangerous dog if the responsible person does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the responsible person that the animal is dangerous and no appeal has been filed.
(c) Reclaiming animals. A dangerous or potentially dangerous animal seized may be reclaimed by the responsible person of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under Subdivision A. An animal not reclaimed under this section within fourteen (14) days may be disposed of at the discretion of the Chief of Police, and the responsible person is liable to animal control for costs incurred in confining the animal.
(d) Subsequent offenses. If an responsible person of a dog which has been declared dangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the animal may be seized by animal control. Notice shall be provided to the responsible person of the basis for the seizure and the right to request a hearing before the department of safety and inspections hearing officer to determine whether the conditions were violated. A request for hearing must be made within fourteen (14) days of the seizure. If the responsible person fails to request a hearing within fourteen (14) days, or is found to have violated the conditions, the department of safety and inspections hearing officer shall order the animal destroyed in a proper and humane manner and the responsible person shall pay the costs of confining the animal. If the responsible person is found not to have violated the conditions, the responsible person may reclaim the animal under the provisions of Subdivision C.
(e) Registration fee. An responsible person of an animal that has been declared dangerous shall pay an annual registration fee of seventy-five dollars ($75.00). If the animal has been impounded, the fee shall be paid prior to the animal's release.
11.01.17 Potentially Dangerous Dog
(A) The Chief of Police shall designate any dog as a potentially dangerous animal upon receiving evidence that the dog meets any of the criteria in 11.01.01, subd. 7. When a dog is declared potentially dangerous, the department of safety and inspections shall cause the Responsible Persons of the potentially dangerous dog to be notified in writing that such animal is potentially dangerous. An dog that has been determined to be potentially dangerous must be microchipped in accordance with
(1) The responsible person of a dog may be required to complete an approved dog obedience class;
(2) The dog may be required to be restrained by chain or leash not to exceed six (6) feet in length, and/or muzzled, and under the control of a person eighteen (18) years of age or older at all times it is outdoors and not inside a proper enclosure.
(3) The responsible person may be required to show proof of up to date rabies vaccination and, if required, licensing.
(4) The responsible person shall purchase a lifetime dog license.
(5) The responsible person may be required to notify the Renville Police Department in writing if the dog dies, is sold or transferred, or is to be kept at a new or different location or residence in the City of
(B) Procedure. The Chief of Police shall notify the Responsible Persons for the dog in writing or in person that the dog has been determined to be potentially dangerous and shall specify what, if any conditions are being required of the responsible person. This notice shall state the date, time, place, and parties bitten, chased, attacked or threatened by the animal, and shall advise the responsible person that they have fourteen (14) days to appeal the determination or the imposition of conditions on maintaining the animal by requesting a hearing before the department of safety and inspections hearing officer.
(1) If an responsible person requests a hearing, a date shall be set not more than three (3) weeks after receipt of the demand for a hearing. The City may consider all records of the department of safety and inspections of animal control, as well as police reports without the necessity for further foundation. After considering all of the evidence, the City shall issue a written order which rejects or upholds the determination. If the City upholds the determination as potentially dangerous, the order may affirm or modify the conditions recommended by the Chief of Police. If as a result of testimony or other evidence at the hearing there are grounds for declaring the animal to be dangerous, the hearing officer may change the designation and issue the appropriate orders.
(2) If an responsible person fails to comply with any conditions specified in the order and fails to request a hearing, the dog shall be seized. The dog may be reclaimed by the responsible person upon satisfaction of all conditions.
(C) Subsequent offenses. If an responsible person of an animal which has been declared potentially dangerous and is subject to the conditions of this section has allegedly failed to comply with the conditions, the animal must be seized by the police or animal control. Notice shall be provided to the responsible person of the basis for the seizure and the right to request a hearing before the City to determine whether the conditions were violated. A request for hearing must be made within fourteen (14) days of the seizure. If the responsible person fails to request a hearing within fourteen (14) days, or is found to have violated the conditions, the department of safety and inspections hearing officer may order the animal destroyed in a proper and humane manner and the responsible person shall pay the costs of confining the animal. If the responsible person is found not to have violated the conditions, the responsible person may reclaim the animal under the provisions of subsection 200.121(c).
(D) Review of designation. The Chief of Police may review the status of an animal which has been determined to be potentially dangerous if a period of two years has passed without any further incidents involving the dog and may use discretion in determining whether any conditions which have been ordered are still required.
11.01.18. Summary Destruction of Certain Animals. Whenever an officer or a person designated by the City Council has reasonable cause to believe that a particular animal presents a clear and immediate danger to residents of the City because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after unsuccessfully attempting to catch such animal, may summarily destroy said animal.
11.01.19. Kennels. Any person, firm or corporation wishing to possess, harbor, keep or have care, custody, or control of more than three total dogs and cat must obtain a variance with the City of
11.01.20. Nonresidents. The sections of this Chapter requiring a license shall not apply to nonresidents of the City, provided that dogs and cats of such responsible persons shall not be kept in the City longer than 20 days without a license and shall be kept under restraint.
11.01.21. Penalty. A violation of this Chapter shall be a petty misdemeanor upon the first offense, and a second offense in any 12 month period shall be a misdemeanor. A third offense, without regard to time, may result in the City directing the responsible person to remove the animal from the City within 10 days of receipt of notice by the mail and failure to comply is a misdemeanor.