Dog & Cat Ordinance

SECTION 10.06.DOG AND CAT REGULATION AND LICENSING.

Subd. 1.Definitions.

1."Owner/Handler'' - a person who owns, harbors, feeds, boards, or keeps an animal hereby regulated.

2."At Large" - off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined.

Subd. 2. Running at Large  Prohibited.   It is unlawful for the owner of any dog and cat to permit such animal to run at large. Any dog or cat shall be deemed to be running at large with the permission of the owner unless it is on a durable leash or chain secured to an object which it cannot move and on the premises of the owner, or on such leash or chain and under the control of an accompanying person of suitable age and discretion, or confined within a motor vehicle, or confined within a building, fence (electronic wireless fences are not allowed) or other enclosure of construction sufficient to prevent the dog or cat from escaping.
 
Subd. 3. License Required.   It is unlawful for the owner of any dog or cat, six months of age or more, to fail to obtain a license therefor from the City of Red Wing Animal Control Unit or its designee.

Subd. 4.    Application.   Application for a dog or cat license shall be upon a form supplied by the City of Red Wing Animal Control Unit or its designee and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine, 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. An application for license renewal, accompanied by such certificate, should be made at least 30 days before expiration of a license.

Subd. 5.Limitation.A household may not contain more than three
dogs over the age of six months.

Subd. 6.Period.All dog and cat licenses shall expire when the next
rabies inoculation is due.

Subd. 7. Tag Required.  All licensed dogs and cats shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City of Red Wing Animal Control Unit or its designee upon presentation of the receipt showing payment of the license fee for the current year. Tags shall not be transferable, and no refund shall be made on any license fee because of leaving the city or death of the dog or cat before the expiration of the license.

Subd. 8. Notice of Impounding.  Upon the impounding of any dog or cat, the owner shall be notified or, if the owner is unknown, written notice shall be posted for five days at the current City of Red Wing Animal Control Unit or its designee describing the dog or cat and the place and time of taking.

Subd. 9. Confinement  Facility (the Goodhue  County Humane Society). Any dog or cat found in the City running at large shall be placed in the confinement facility, and an accurate record of the time of such placement shall be kept for each dog. Every dog or cat so placed in the confinement facility shall be held for redemption by the owner for a period of not less than five regular business days, unless the cat is determined to be feral, in which case the feral cat will be destroyed. A " regular business day" is one during which the confinement facility is open for business to the public for at least four  hours  between  8:00 a.m. and 7:00 p.m. lmpoundment records shall be preserved for a minimum of six months and shall show:

A.The description of the animal by specie, breed, sex, approximate age, and other distinguishing traits;

B.The location at which the animal was seized;
 
C.The date and time of seizure;
D.The name and address of the person from whom any animal was received; and

E.The name and address of the person to whom any animal was transferred.

F.The date and time animal was transferred.

If unclaimed, such animal may be humanely destroyed and the carcass disposed of, or may be placed or adopted into a home, under authority of Minnesota Statutes, Section 35.71. Adoption of all animals is under the discretion of the City of Red Wing Animal Control Unit or its designee and governed by the Agency's policies and procedures .

Subd. 10. Release from Confinement Facility . Dogs and cats shall be released to their owners as follows:

A.If such dog or cat is owned by a resident of the City, after purchase of a license as aforesaid, and payment of the impounding fees.

B.If such dog or cat is owned by a person not a resident of the City, after immunization of any such dog or cat for rabies, and payment of the impounding fee for the period for which the dog or cat was impounded .

Subd. 11. Immobilization of Dogs or Cats. For the purpose of enforcement of this Section, any peace officer, employee or other person assisting a peace officer or employee of the City of Red Wing Animal Control Unit or its designee may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching a dog or cat.

Subd. 12.Other Unlawful Acts. It is unlawful for the owner of any dog or
cat to:

1.Fail to have the license tag issued by the City of Red Wing Animal Control Unit or its designee firmly attached to a collar worn at all times by the licensed animal, or

2.Own or keep a dog which is dangerous, as defined in Subdivision 13, without applying for proper registration from the City within one month of obtaining the dog, or

3.Interfere with any peace officer, or other City of Red Wing Animal Control Unit or its designee affiliated with the City of Red Wing Police, in the performance of his or her duty to enforce this Section, or
 
4.Fail to keep dog from barking, howling or whining, or cat from emitting loud or unusual noises for a continuous period of more than five minutes with less than one minute of interruption.

Subd. 13.Dangerous Dogs.

A.Definitions.

1."Dangerous Dog" - any dog that has:

(a)without provocation, inflicted substantial bodily harm on a human being on public or private property;

(b)killed a domestic animal without provocation while off the owner's property; or

(c)been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.

2."Potentially Dangerous Dog" - any dog that:

(a)when unprovoked, bites a human or domestic animal on public or private property;

(b)when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or

(c)has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

3."Hearing Officer" - an impartial employee appointed by the city, or an impartial person retained by the City, to conduct a record review or hearing under this section.

4."Proper Enclosure" - 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. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit 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 dog from exiting. Muzzling and chaining or tying out the dog does not provide the necessary proper enclosure.

5."Owner" - any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.

B.Registration.

1.No person may own a dangerous dog in the City unless the dog is registered as provided in this Section.

2.The City will, upon application by the owner, issue a certificate of registration to the owner of a dangerous dog if the owner presents evidence that:

(a)a proper enclosure exists for the dangerous dog;

(b)a warning sign, including a warning symbol for children, has been placed informing of the presence of the dangerous dog;

(c)the owner has procured a surety bond issued by a surety company authorized to do business in Minnesota, in a form acceptable to the City in at least the sum of $300,000 payable to any person injured by the dog or, alternatively, the owner has in place a policy of insurance providing the same protection;

(d)the owner has paid to the City an annual fee as provided in the fee ordinance in addition to the regular license fee for a dog;

(e)the owner has had microchip identification implanted in the dangerous dog, and the City has been provided with the name of the microchip manufacturer and identification number of the microchip ;

(f)the dangerous dog has a standardized tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, which is affixed to the dog's collar at all times.

C.Regulation of Dangerous Dogs.

1.An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person.
 
2.An owner of a dangerous dog must renew the registration of the dog annually until it is deceased. After moving to the City, an owner of a dog that has been designated as a dangerous dog in another jurisdiction must register the dog as a dangerous dog with the City. If a dangerous dog is removed from the City, it must be registered as a dangerous dog in its new jurisdiction. The obligation to register in the new jurisdiction rests solely on the dog owner; it is not the responsibility of the City.

3.An owner of a dangerous dog must notify the City in writing of the dog's death or transfer to a new location within 30 days of death or transfer, and must execute an affidavit of death or transfer as prescribed by the City. Upon transferred to a new location the Police Chief or designee shall notify all residences within 500 feet of the new location that a dangerous dog will be residing in their neighborhood.

4.An owner of a dangerous dog must have the dangerous dog sterilized at the owner's expense. The owner must provide proof of sterilization of the dog to the City. If the owner does not have the dog sterilized within 30 days of the dangerous dog determination, the City shall seize the dog and have the dog sterilized at the owner's expense.

5.A person that owns a dangerous dog and rents property from another must notify the property owner, prior to signing the lease agreement or at the time of any lease renewal, that a dangerous dog will reside at the property.

6.A person that transfers a dangerous dog must notify the new owner that the dog has been identified as dangerous, and must also notify the City in writing, providing the new owner's name, address and telephone number.

D.Confiscation.

1.The City shall seize a dangerous dog if:

(a)After 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered as a dangerous dog;

(b)After 14 days after the owner has notice that the dog is dangerous, the owner has not secured the required liability insurance or surety coverage;

(c)The dog is not maintained in the proper enclosure;
 
(d)The dog is outside the proper enclosure and not under the physical restraint of a responsible person; or

(e)The dog is not sterilized within 30 days of being designated a dangerous dog.

2.A seized dog may be reclaimed upon payment of impounding and confinement costs and proof that the requirements of this section have been met. A dog not reclaimed within seven days following notification to the owner may be destroyed, and the owner will be liable for all costs incurred in confining and disposing of the dog. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of the seizure.

E.Dangerous Dog Designation Review.

Six months after a dog is declared a dangerous dog, an owner may request that the City review the designation. One year following the six-month dangerous dog designation review, and once a year thereafter, the owner may request 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 City may change the dangerous dog designation to a potentially dangerous dog designation. Upon the rescinding of the dangerous designation, the Police Chief or designee shall attempt to notify the persons that have suffered injury or damage of the dog's change in designation.

F.Destruction of Dog in Certain Circumstances.

Notwithstanding anything in this Subdivision to the contrary, the City may destroy a dog that has:

1.inflicted substantial or great bodily harm on a human on public or private property without provocation;

2.inflicted multiple bites on a human on public or private property without provocation;

3.bit multiple human victims on public or private property in the same attack without provocation; or
 
4.bit a human on public or private property without provocation in an attack where more than one animal participated in the attack.

Destruction of the dog may occur after the dog owner has been notified of the intended destruction and had at least seven days to request a hearing challenging the decision to destroy the animal. The hearing shall be before a hearing officer.

Nothing contained in this Section shall apply to dogs used for law enforcement purposes by a law enforcement agency.

G.Determination of Status.

Whether a dog is "dangerous" or "potentially dangerous" as that term is used herein shall be determined by the Police Chief or designee, in consultation with the City Attorney, if necessary, subject to appeal and review by a hearing officer. The owner shall be given written notice of the determination. The notice shall provide:

1.A description of the dog; the authority for and purpose of the potentially dangerous dog or dangerous dog determination, and seizure, if applicable; the time, place, and circumstances  under which the dog was declared potentially dangerous or dangerous; and the telephone number and contact person where the dog is kept;

2.That the owner of the dog may appeal the potentially dangerous dog or dangerous dog determination, and failure to do so within 14 days of the date of the notice will terminate the owner's right to an appeal;

3.Even if the owner of the dog timely appeals a dangerous dog determination, the dangerous dog requirements contained in Section 10.06, Subdivision 13C.1. and 3. must be immediately followed until the hearing officer issues a decision;

4.That if the hearing officer affirms the potentially dangerous or dangerous dog determination, the owner will have 14 days from receipt of that decision to comply with all other requirements of this Subdivision;

5.That all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and

6.A form for notifying the City of an appeal and requesting a hearing under this Subdivision;
 
7.The City may also provide oral or written notice of the determination to any persons that have suffered injury or damage due to the dog.

H.Appeals.

1.Potentially dangerous dog determination appeals shall consist of a record review by the hearing officer. The owner must state in writing the basis for which he or she believes the potentially dangerous determination was incorrect and provide written evidence and/or affidavits to the City that dispute the determination within 14 calendar days of the notification of the determination. The owner shall be notified, in writing, of the record review results within 14 calendar days of receipt. The individual conducting the review shall have the authority to amend the declaration or order as appropriate and to establish specific requirements. In the event that the potentially dangerous dog determination is upheld by the hearing officer, actual expenses of the record review, up to a maximum of $500, may be the responsibility of the dog's owner.

2.Dangerous dog determination appeals shall be conducted pursuant to the following procedures:

(a)A written notice of appeal must be filed with the City within 14 days of the date of the notice of dangerous dog determination;

(b)The City Council shall appoint a hearing officer to conduct the hearing;

(c)The hearing shall be open to the public;

(d)The hearing shall take place within 14 days of the receipt of the request for a hearing;

(e)In the event that the dangerous dog determination is upheld by the hearing officer, actual expenses of the hearing, up to a maximum of $1,000, may be the responsibility of the dog's owner; and

(f)The hearing officer shall issue a decision, in writing, on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the City.
 
I.Microchip Identification.

Any dog designated as potentially dangerous or dangerous must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the owner, the City may implant the microchip and all costs related to the implantation of the microchip shall be borne by the owner. Failure to have a microchip implanted in a potentially dangerous or dangerous dog or removal of a microchip from a potentially dangerous or dangerous dog is a violation of the law.

Subd. 14. Fees and Charges. All fees and charges under this Section including, but not limited to, licenses fees, impounding fees, and maintenance charges, shall be fixed, determined and categorized by the City of Red Wing Animal Control Unit or its designee, upon presentment and approval by the Council, adopted by ordinance and uniformly enforced.

Subd. 15. Kennels. The number of dogs or cats required for designation by the City as a kennel is contained in Chapter 11 of the City Code.

Subd. 16. Any person who violates or fails, neglects,  or refuses to comply with the provisions of this Section shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished therefor as provided by Minnesota Statutes, except that violations of Subdivisions 12(3) and 13 shall constitute a misdemeanor. A separate offense shall be deemed committed upon each separate day during or which a violation occurs or continues.