GRANT VALLEY TOWNSHIP
ORDINANCE FOR THE REGULATION OF
DOGS AND CATS
Adopted
The Board of Supervisors ordains:
SECTION I - Definition
Owner. For the purpose of this section,
"owner" means a person who owns, harbors, feeds, boards or keeps an
animal hereby regulated. The word
"animal" in this ordinance refers only to dogs and cats.
Dangerous dog. (M.S. 347.50) Dangerous
dog means any dog that has:
1) Without
provocation, inflicted substantial bodily harm on human being on public or
private property;
2) Killed a domestic animal without provocation while off the owner's
property; or
3) 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.
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 on public or private property in any
apparent attitude of attack; or
3) Has
known propensity, tendency, or disposition to attack unprovoked, causing injury
or otherwise threatening the safety of humans or domestic animals.
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 provides 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 the windows are open or in which door or window screens are
the only obstacles to prevent the dog from exiting.
SECTION II - Running at Large
It is
unlawful for any person who is the owner or who is in possession of a dog or
cat to permit such animal to run at large; provided, that such animal shall not
be deemed to be running at large if it is on a leash or under physical and/or
voice control of an accompanying
person or if it is upon the property of the owner, or other person in
possession.
SECTION III - Permissible Return of Animals
Running at Large
Notwithstanding
the provisions of Section II, if an animal is found running at large and it's
owner can be identified and located, such animal need not be impounded, but
may, at the discretion of the officer, be taken to the owner. In such case, however, proceedings may be
taken against the owner for violation of this ordinance.
SECTION IV - Nuisance Animals
The owner
or custodian of any animal shall prevent the animal from committing in the
township any act which constitutes a nuisance.
It is a nuisance for any animal to habitually or frequently bark or cry,
to frequent school grounds, parks or public beaches, to chase vehicles, to
molest or annoy any person away from the property of his owner or custodian or
to damage, defile or destroy public or private property. Failure of the owner or custodian of the
animal to prevent the animal from committing such nuisance is a violation of
this ordinance.
SECTION V - Dangerous or Potentially Dangerous
Dogs
No person
may own a dangerous or potentially dangerous dog in the township unless the dog
is registered, licensed or a certificate is obtained pursuant to the governing
county law (Minnesota Statute 347.51 & 347.53). This license must be obtained from the
The owner
or caretaker of a dangerous dog shall be required to obtain a surety bond
issued by a surety company authorized to conduct business in this state in a
form acceptable to the township 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 this state in
the amount of at least $50,000 insuring the owner of any personal injuries
inflicted by the dangerous dog.
The
provisions of this section do not apply to dangerous dogs used by law
enforcement officials for police work.
Dogs may
not be declared dangerous if the threat, injury, or damage was sustained by a
person who was committing or attempting to commit a crime.
Any
statutory or home rule charter city, or any county, may regulate potentially
dangerous dogs. Except as provided in
section 347.51, subdivision 8, nothing in sections 347.50 to 347.54 limits any
restrictions the local jurisdictions may place on owners of potentially
dangerous dogs.
All
dangerous or potentially dangerous dogs must have a standardized, easily
identifiable tag identifying the dog as dangerous or potentially dangerous
affixed on the dog's collar at all times and the collar shall be worn by the
dog at all times.
Any
premises, public or private, which has a dangerous or potentially dangerous dog
residing upon the premises must be marked with a
clearly visible warning sign, including a warning symbol to inform children
that there is a dangerous or potentially dangerous dog on the property.
The
animal control authority having jurisdiction shall immediately seize any
dangerous or potentially dangerous dog if:
1) 14
days after the owner has received notice that the dog is dangerous or
potentially dangerous, the dog is not validly registered pursuant to county law;
2) 14
days after the owner has received notice that the dog is dangerous, the owner
fails to comply with the township ordinance, county law or other statutory
requirements with regard to dangerous or potentially dangerous dogs as set
forth in Minnesota Statute 347.51, subd. 2.
SECTION VI - Animal Identification
An owner
or custodian of an animal shall have the animal identified by a current rabies
registration tag or by owner's name and address tag affixed to the collar and
the collar shall be worn by the animal at all times.
SECTION VII - Injured and Abandoned Animals
Unidentified
injured and abandoned animal impounded by the animal control officer may be euthanized and disposed of upon examination by a licensed
veterinarian.
SECTION VIII - Notice of Impounding
Upon the
impounding of any animal, the owner shall be notified or if the owner is
unknown, written notice shall be posted for five (5) days at the Impounding
Facility or other places to be designated, describing the animal and the place
and time of impounding.
SECTION IX - Release from Animal Pound
Animals
shall be released to their owners upon payment of all fees, impounding or
otherwise, incurred for the period for which the animal was impounded, to
include a mandatory current rabies vaccination.
SECTION X - Animal Pound
A. Any animal found running at large within the
township either with or without identification may be placed in the Animal
Pound, and an accurate record of the time of such placement shall be kept on
each animal. Every animal so placed in
the Animal Pound shall be held for redemption by the owner for a period of not
less than five (5) regular business days.
A
"regular business day" is one during which the Pound is open for
business to the public for at least four (4) hours between
(1) description
of the animal by species, breed, sex, approximate age, & 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 was transferred.
If
unclaimed, such animal may be humanely destroyed and the carcass disposed of,
pursuant to Minnesota Statute, Section 35.71., or the animal may be adopted
according the same adoption practice as the local humane society, after the
expiration of the five (5) day period.
B. Destruction of an animal shall not eliminate
the liability of the owner for impounding fees incurred by the township and
such fees are recoverable by the township in a civil cause of action.
C. A dangerous dog seized under the provisions
of this ordinance may be reclaimed by the owner of the dog upon payment of
impounding and boarding fees, and presenting proof to the appropriate animal
control authority that the requirements governing the possession of dangerous
dogs are met. A dog not reclaimed under
this subdivision within seven (7) days may be disposed of as provided under M.
S. 35.71, subd. 3 and the owner is
liable to the animal control authority for costs incurred in confining,
impounding and disposing of the dog.
SECTION XI - Destruction of Animals
The Pound
Master and all sheriff's deputies of the count are
hereby authorized and empowered to destroy any animal taken up and impounded
pursuant to the provisions of this ordinance and consistent with other
governing laws. The destruction and disposal
of such animals shall be according to humane procedures at the owner's
expense. No impounding or destruction of
any animal shall exempt the owner or keeper of such animal from the penalties
provided in this ordinance.
SECTION XII - Rabies - Confinement
In all
cases where an animal has bitten a person, the township shall confine such
animal for the rabies incubation period of 14 days. If the poundmaster
determines, by standard practices, that the animal should be tested for rabies,
then the animal shall be destroyed for that purpose. Cost of confinement, maintenance and testing
shall be the responsibility of the owner.
SECTION XIII - Fees
Fees for
impoundment, daily care and other costs incurred in the administration of the
ordinance and other governing laws, rules and procedures may be established by
resolution of the township Board of Supervisors and shall be collected by the
respective offices designated and deposited with the township and credited to
the General Revenue Fund.
SECTION XIV - Enforcement
The Northern
Town Board, and its duly authorized agent, such as an animal control officer,
has the authority to enforce the provisions of this ordinance by long form
complaint or by citation or other procedures specifically listed herein. Contact number for animal control officer is
760-6651.
SECTION XV - Penalty
Any
person, firm or corporation violating any provision of this ordinance shall be
guilty of a misdemeanor which carries a maximum penalty of up to $700 or up to
90 days in jail or both, unless
specifically designated. Penalties shall be established by
resolution of the Town Board of Supervisors annually. The following violations shall constitute a
petty misdemeanor which carries a maximum penalty of a $200 fine.
1) Dangerous
or potentially dangerous dog. The owner
shall be fined $200.
2) Nuisance
animal. The owner shall be fined $45.
3) Dog
running at large. The owner shall be
fined $45.
4) Failure
to obtain a rabies tag or owners identification
tag. The owner shall be fined $45.
5) Any repeat offenses within the same category and
within twelve (12) consecutive months shall constitute a misdemeanor which
carries a maximum penalty of $700 or 90 days in jail or both.
6) Any
repeat offenses of three (3) or more times in any one category within a period
of twelve (12) consecutive months shall be guilty of a misdemeanor and such
offenses shall be abated by the owner of such animal within five (5) days after
the owner has been notified that the third offense has occurred. Within this provision, abate means to have
the animal permanently removed from the township or destroyed. If within five (5) days after the owner has
received notice, the owner has failed to abate the problem of the offending
animal, the owner shall receive written notice by registered mail from the
township or its authorized agent that the Animal Control Officer is authorized
and directed to capture and destroy the animal at the owner's expense.
SECTION XVI - Effective Date
This ordinance becomes effective on May 15, 2005.