Section
91.01
Definitions
91.02
Dogs and cats
91.03
Non-domestic
animals
91.04
Farm animals
91.05
Impounding
91.06
Kennels
91.07
Nuisances
91.08
Seizure of
animals
91.09
Animals
presenting a danger to health and safety of city
91.10
Diseased animals
91.11
Dangerous animals
91.12
Dangerous animal
requirements
91.13
Basic care
91.14
Breeding
moratorium
91.15
Enforcing officer
91.16
Pound
91.17
Interference with
officers
91.99
Penalty
§ 91.01
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including
all fowl and poultry) or other member commonly accepted as a part of the animal
kingdom. Animals shall be classified as
follows:
(1) DOMESTIC ANIMALS. Those animals commonly accepted as
domesticated household pets. Unless
otherwise defined, domestic animals shall include dogs, cats, caged birds,
gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous,
non-venomous and non-constricting reptiles or amphibians, and other similar
animals.
(2) FARM ANIMALS.
Those animals commonly associated with a farm or performing work in an
agricultural setting. Unless otherwise
defined, farm animals shall include members of the equestrian family (horses,
mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl
(ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and
other animals associated with a farm, ranch, or stable.
(3) NON-DOMESTIC ANIMALS. Those animals commonly considered to
be naturally wild and not naturally trained or domesticated, or which are
commonly considered to be inherently dangerous to the health, safety, and
welfare of people. Unless otherwise
defined, non-domestic animals shall include:
(a) Any member of the large cat family (family felidae) including lions,
tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted
domesticated house cats.
(b) Any naturally wild member of the
canine family (family canidae) including wolves, foxes, coyotes, dingoes, and
jackals, but excluding commonly accepted domesticated dogs.
(c) Any crossbreeds such as the crossbreed between a wolf and a dog,
unless the crossbreed is commonly accepted as a domesticated house pet.
(d) Any member or relative of the rodent family including any skunk
(whether or not descented), raccoon, squirrel, or ferret, but excluding those
members otherwise defined or commonly accepted as domesticated pets.
(e) Any poisonous, venomous, constricting, or inherently dangerous
member of the reptile or amphibian families including rattlesnakes, boa
constrictors, pit vipers, crocodiles and alligators.
(f) Any other animal which is not explicitly listed above but which can
be reasonably defined by the terms of this section, including but not limited
to bears, deer, monkeys and game fish.
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.
CAT. Both the male and female of the
felidae species commonly accepted as domesticated household pets.
DOG. Both the male
and female of the canine species, commonly accepted as domesticated household
pets, and other domesticated animals of a dog kind.
OWNER. Any person or persons, firm, association or corporation
owning, keeping, or harboring an animal.
RELEASE
PERMIT. A permit issued by the Animal Control Officer or other
person in charge of the pound for the release of any animal that has been taken
to the pound. A release permit may be
obtained upon payment of a fee to the City Clerk in accordance with the regular
license requirement if the animal is unlicensed, payment of a release fee, and
any maintenance costs incurred in capturing and impounding the animal. The release fee shall be as established in
the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11,
as it may be amended from time to time.
§ 91.02
DOGS AND CATS.
(A) Running
at large prohibited. It shall be
unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or
cat, to run at large. A person, who
owns, harbors, or keeps a dog or cat, which runs at large shall be guilty of a
misdemeanor. Dogs or cats on a leash and accompanied by a responsible person or
accompanied by and under the control and direction of a responsible person, so
as to be effectively restrained by command as by leash, shall be permitted in
streets or on public land unless the city has posted an area with signs reading
“Dogs or Cats Prohibited.”
(B) License required.
(1) All dogs over the age of six months kept, harbored, or maintained by
their owners in the city, shall be licensed and registered with the city. Dog
licenses shall be issued by the City Clerk upon payment of the license fee as
established by the Ordinance Establishing Fees and Charges adopted pursuant to
§ 30.11 of this code, as that ordinance may be amended from time to time. The
owner shall state, at the time application is made for the license and upon
forms provided, his or her name and address and the name, breed, color, and sex
of each dog owned or kept by him or her. No license shall be granted for a dog
that has not been vaccinated against distemper and rabies, as evidenced by a
certificate by a veterinarian qualified to practice in the state in which the
dog is vaccinated.
(2) It shall be the duty of each owner of a dog subject to this section
to pay to the City Clerk the license fee established in the Ordinance
Establishing Fees and Charges adopted pursuant to § 30.11, as it may be
amended from time to time.
(3) Upon payment of the license fee as established by the Ordinance
Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as
that ordinance may be amended from time to time, the Clerk shall issue to the
owner a license certificate and metallic tag for each dog licensed. The tag
shall have stamped on it the year for which it is issued and the number
corresponding with the number on the certificate. Every owner shall be required
to provide each dog with a collar to which the license tag must be affixed, and
shall see that the collar and tag are constantly worn. In case a dog tag is
lost or destroyed, a duplicate shall be issued by the City Clerk. A charge shall be made for each duplicate tag
in an amount established in the Ordinance Establishing Fees and Charges adopted
pursuant to § 30.11, as it may be amended from time to time. Dog tags shall not be transferable from one
dog to another and no refunds shall be made on any dog license fee or tag
because of death of a dog or the owner's leaving the city before the expiration
of the license period.
(4) The licensing provisions of this division (B) shall not apply to
dogs whose owners are nonresidents temporarily within the city, nor to dogs
brought into the city for the purpose of participating in any dog show, nor
shall this provision apply to “seeing eye” dogs properly trained to assist
blind persons for the purpose of aiding them in going from place to place.
(5) The funds received by the City Clerk from all dog licenses and
metallic tags fees as established by the Ordinance Establishing Fees and
Charges adopted pursuant to § 30.11 of this code, as that ordinance may be
amended from time to time, shall first be used to defray any costs incidental
to the enforcement of this chapter; including, but not restricted to, the costs
of licenses, metallic tags, and impounding and maintenance of the dogs.
(C) Cats. Cats shall be included as controlled by this
division insofar as running-at-large, pickup, impounding, boarding, licensing
and proof of anti-rabies vaccine is concerned. All other provisions of this
section shall also apply to cats unless otherwise provided.
(D) Vaccination.
(1) All dogs and cats kept harbored, maintained, or transported within
the city shall be vaccinated at least once every three years by a licensed
veterinarian for:
(a) Rabies - with a live modified
vaccine; and
(b) Distemper.
(2) A certificate of vaccination must be kept on which is stated the
date of vaccination, owner's name and address, the animal's name (if
applicable), sex, description and weight, the type of vaccine, and the
veterinarian's signature. Upon demand made by the City Clerk, the Animal
Control Officer or a police officer, the owner shall present for examination
the required certificate(s) of vaccination for the animal(s). In cases where
certificates are not presented, the owner or keeper of the animal(s) shall have
seven days in which to present the certificate(s) to the City Clerk or officer.
Failure to do so shall be deemed a violation of this section.
Penalty, see § 91.99
§ 91.03
NON-DOMESTIC ANIMALS.
It shall be illegal for any person to own,
possess, harbor, or offer for sale, any non-domestic animal within the
city. Any owner of a non-domestic animal
at the time of adoption of this code shall have 30 days in which to remove the
animal from the city after which time the city may impound the animal as
provided for in this section. An
exception shall be made to this prohibition for animals specifically trained
for and actually providing assistance to the handicapped or disabled, and for
those animals brought into the city as part of an operating zoo, veterinarian
clinic, scientific research laboratory, or a licensed show or exhibition.
Penalty, see § 91.99
§ 91.04
FARM ANIMALS.
Farm
animals shall only be kept in an agricultural district of the city, or on a
residential lot of at least ten acres in size provided that no animal shelter
shall be within 300 feet of an adjoining piece of
property. An
exception shall be made to this section for those animals brought into the city
as part of an operating zoo, veterinarian clinic, scientific research
laboratory, or a licensed show or exhibition.
§ 91.05
IMPOUNDING.
(A) Running
at large. Any unlicensed animal
running at large is hereby declared a public nuisance. Any Animal Control Officer or police officer
may impound any dog or other animal found unlicensed or any animal found
running at large and shall give notice of the impounding to the owner of the
dog or other animal, if known. In case
the owner is unknown, the officer shall post notice at the city office that if
the dog or other animal is not claimed
within the time specified in division (C) of this section, it will be sold or
otherwise disposed of. Except as otherwise provided in this section, it shall
be unlawful to kill, destroy, or otherwise cause injury to any animal,
including dogs and cats running at large.
(B) Biting animals. Any animal that has not been inoculated by a
live modified rabies vaccine and which has bitten any person, wherein the skin
has been punctured or the services of a doctor are required, shall be confined
in the city pound for a period of not less than ten days, at the expense of the
owner. The animal may be released at the
end of the time if healthy and free from symptoms of rabies, and by the payment
of all costs by the owner. However, if
the owner of the animal shall elect immediately upon receipt of notice of need
for the confinement by the officer to voluntarily and immediately confine the
animal for the required period of time in a veterinary hospital of the owner's
choosing, not outside of the county in which this city is located, and provide
immediate proof of confinement in the manner as may be required, the owner may
do so. If, however, the animal has been
inoculated with a live modified rabies vaccine and the owner has proof of the
vaccination by a certificate from a licensed veterinarian, the owner may
confine the dog or other animal to the owner's property.
(C) Reclaiming. All animals conveyed to the pound shall
be kept, with humane treatment and sufficient food and water for their comfort,
at least five regular business days, unless the animal is a dangerous animal as
defined under § 91.11 in which case it shall be kept for seven regular
business days or the times specified in § 91.11, and except if the animal
is a cruelly-treated animal in which case it shall be kept for ten regular
business days, unless sooner reclaimed by their owners or keepers as provided
by this section. In case the owner or keeper shall desire to reclaim the animal
from the pound, the following shall be required, unless otherwise provided for
in this code or established from time to time by resolution of the City
Council:
(1) Payment of the release fee and receipt of a release permit as
established by the Ordinance Establishing Fees and Charges adopted pursuant to
§ 30.11 of this code, as that ordinance may be amended from time to time.
(2) Payment of maintenance costs, as provided by the pound, per day or
any part of day while animal is in the pound; and
(3) If a dog is unlicensed, payment of a regular license fee as
established by the Ordinance
Establishing Fees and Charges adopted pursuant to
§ 30.11 of this code, as that ordinance may be amended from time to time,
and valid certificate of vaccination for rabies and distemper shots is
required.
(D) Unclaimed animals. At the expiration of the times
established in division (C) of this section, if the animal has not been
reclaimed in accordance with the provisions of this section, the officer
appointed to enforce this section may let any person claim the animal by
complying with all provisions in this section, or the officer may sell the
animal to the University of Minnesota, or cause the animal to be destroyed in a
proper and humane manner and shall properly dispose of the remains thereof. Any
money collected under this section shall be payable to the City Clerk.
Penalty, see § 91.99
§ 91.06
KENNELS.
(A) Definition
of kennel. The keeping of three or more dogs on the same premises, whether
owned by the same person or not and for whatever purpose kept, shall constitute
a “kennel;” except that a fresh litter of pups may be kept for a period of
three months before that keeping shall be deemed to be a “kennel.”
(B) Kennel as a nuisance. Because the keeping of three or more dogs
on the same premises is subject to great abuse, causing discomfort to persons
in the area by way of smell, noise, hazard, and general aesthetic depreciation,
the keeping of three or more dogs on the premises is hereby declared to be a
nuisance and no person shall keep or maintain a kennel within the city.
Penalty, see § 91.99
§ 91.07
NUISANCES.
(A) Habitual barking. It shall be unlawful for any person to
keep or harbor a dog, which habitually barks or cries. Habitual barking shall be defined as barking
for repeated intervals of at least five minutes with less than one minute of
interruption. The barking must also be
audible off of the owner's or caretaker's premises.
(B) Damage to property. It shall be unlawful for any person's dog
or other animal to damage any lawn, garden, or other property, whether or not
the owner has knowledge of the damage.
(C) Cleaning up litter. The owner of any animal or person having the
custody or control of any animal shall be responsible for cleaning up any feces
of the animal and disposing of the feces in a sanitary manner whether on their
own property, on the property of others or on public property.
(D) Other. Any animals kept contrary to this section are
subject to impoundment as provided in § 91.05.
Penalty, see § 91.99
§ 91.08
SEIZURE OF ANIMALS.
Any police officer or Animal Control
Officer may enter upon private property and seize any animal provided that the following exist:
(A) There is an identified complainant other
than the police officer or Animal Control Officer making a contemporaneous
complaint about the animal;
(B) The officer reasonably believes that the
animal meets either the barking dog criteria set out in § 91.07(A); the
criteria for cruelty set out in § 91.13; or the criteria for an at large animal
set out in § 91.01(E);
(C) The officer can demonstrate that there has
been at least one previous complaint of a barking dog; inhumane treatment of
the animal; or that the animal was at large at this address on a prior date;
(D) The officer has made a reasonable attempt
to contact the owner of the animal and the property to be entered and those
attempts have either failed or have been ignored;
(E) The seizure will not involve the forced
entry into a private residence. Use of a
pass key obtained from a property manager, landlord, innkeeper, or other authorized
person to have that key shall not be considered unauthorized entry; and
(F) Written
notice of the seizure is left in a conspicuous place if personal contact with
the owner of the animal is not possible.
§ 91.09
ANIMALS PRESENTING A DANGER TO HEALTH AND SAFETY OF CITY.
If, in
the reasonable belief of any person or the Animal Control Officer or police
officer, an animal presents an immediate danger to the health and safety of any
person, or the animal is threatening imminent harm to any person, or the animal
is in the process of attacking any person, the person or officer may destroy
the animal in a proper and humane manner.
Otherwise, the person or officer may apprehend the animal and deliver it
to the pound for confinement under § 91.05. If the animal is destroyed,
the owner or keeper of the animal destroyed shall be liable to the city for the
cost of maintaining and disposing of the animal, plus the costs of any
veterinarian examination. If the animal is found not to be a danger to the
health and safety of the city, it may be released to the owner or keeper in
accordance with § 91.05(C).
§ 91.10
DISEASED ANIMALS.
(A) Running at large. No person shall keep or allow to be kept
on his or her premises, or on premises occupied by them, nor permit to run at
large in the city, any animal which is diseased so as to be a danger to the
health and safety of the city, even though the animal be properly licensed
under this section.
(B) Confinement. Any animal reasonably suspected of being
diseased and presenting a threat to the health and safety of the public, may be
apprehended and confined in the pound by any person, the Animal Control Officer
or a police officer. The officer shall have a qualified veterinarian examine
the animal. If the animal is found to be diseased in a manner so as to be a
danger to the health and safety of the city, the officer shall cause the animal
to be painlessly killed and shall properly dispose of the remains. The owner or
keeper of the animal killed under this section shall be liable to the city for
the cost of maintaining and disposing of the animal, plus the costs of any
veterinarian examinations.
(C) Release. If the animal, upon examination, is not
found to be diseased the animal shall be released to the owner or keeper free
of charge.
Penalty, see § 91.99
§ 91.11
DANGEROUS ANIMALS.
(A) Attack by an animal. It shall be unlawful for any person’s
animal to inflict or attempt to inflict bodily injury to any person or other
animal whether or not the owner is present. This section shall not apply to an
attack by a dog under the control of an on-duty law enforcement officer or to
an attack upon an uninvited intruder who has entered the owner’s home with
criminal intent.
(B) Destruction of dangerous animal. The Animal Control Officer shall have the
authority to order the destruction of dangerous animals in accordance with the
terms established by this chapter.
(C) Definitions. For the purpose of this division, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
(1) DANGEROUS
ANIMAL. An animal which has:
(a) Caused bodily injury or disfigurement to any person on public or
private property;
(b) Engaged in any attack on any person under circumstances which would
indicate danger to personal safety;
(c) Exhibited unusually aggressive behavior, such as an attack on another
animal;
(d) Bitten one or more persons on two or more occasions; or
(e) Been found to be potentially dangerous and/or the owner has personal
knowledge of the same, the animal aggressively bites, attacks, or endangers the
safety of humans or domestic animals.
(2) POTENTIALLY DANGEROUS ANIMAL. An animal which has:
(a) Bitten a human or a domestic animal on public or private property;
(b) When unprovoked, chased or approached a person
upon the streets, sidewalks, or any public property in an apparent attitude of
attack; or
(c) Has engaged in unprovoked attacks causing injury or otherwise
threatening the safety of humans or domestic animals.
(3) PROPER ENCLOSURE. Securely confined indoors or in a
securely locked pen or structure suitable to prevent the animal from escaping
and to provide protection for the animal from the elements. A proper enclosure
does not include a porch, patio, or any part of a house, garage, or other
structure that would allow the animal 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 barriers which prevent the animal from exiting. The enclosure shall
not allow the egress of the animal in any manner without human assistance. A
pen or kennel shall meet the following minimum specifications:
(a) Have a minimum overall floor size of 32 square feet.
(b) Sidewalls shall have a minimum height of five feet and be
constructed of 11‑gauge or heavier wire. Openings in the wire shall not
exceed two inches, support posts shall be 1 ¼ -inch or larger steel pipe buried
in the ground 18 inches or more. When a concrete floor is not provided, the
sidewalls shall be buried a minimum of 18 inches in the ground.
(c) A cover over the entire pen or kennel shall be provided. The cover
shall be constructed of the same gauge wire or heavier as the sidewalls and
shall also have no openings in the wire greater than two inches.
(d) An entrance/exit gate shall be provided and be constructed of the
same material as the sidewalls and shall also have no openings in the wire
greater than two inches. The gate shall be equipped with a device capable of
being locked and shall be locked at all times when the animal is in the pen or
kennel.
(4) UNPROVOKED. The condition, in which the animal is not
purposely excited, stimulated, agitated or disturbed.
(D) Designation as potentially dangerous
animal. The Animal Control Officer shall designate any animal as a
potentially dangerous animal upon receiving evidence that the potentially dangerous
animal has, when unprovoked, then bitten, attacked, or threatened the safety of
a person or a domestic animal as stated in division (C)(2). When an animal is
declared potentially dangerous, the Animal Control Officer shall cause one
owner of the potentially dangerous animal to be notified in writing that the
animal is potentially dangerous.
(E) Evidence justifying designation. The
Animal Control Officer shall have the authority to designate any animal as a
dangerous animal upon receiving evidence of the following:
(1) That the animal has, when unprovoked, bitten, attacked, or
threatened the safety of a person or domestic animal as stated in division
(C)(1).
(2) That the animal has been
declared potentially dangerous and the animal has then bitten, attacked, or
threatened the safety of a person or domestic animal as stated in division
(C)(1).
(F) Authority
to order destruction. The Animal Control Officer, upon finding that an
animal is dangerous hereunder, is authorized to order, as part of the
disposition of the case, that the animal be destroyed based on a written order
containing one or more of the following findings of fact:
(1) The animal is dangerous as demonstrated by a vicious attack, an
unprovoked attack, an attack without warning or multiple attacks; or
(2) The owner of the animal has demonstrated an inability or
unwillingness to control the animal in order to prevent injury to persons or
other animals.
(G) Procedure. The Animal Control
Officer, after having determined that an animal is dangerous, may proceed in
the following manner: The Animal Control
Officer shall cause one owner of the animal to be notified in writing or in person
that the animal is dangerous and may order the animal seized or make orders as
deemed proper. This owner shall be notified as to dates, times, places and
parties bitten, and shall be given 14 days to appeal this order by requesting a
hearing before the City Council for a review of this determination.
(1) If no appeal is filed, the orders issued will stand or the Animal
Control Officer may order the animal destroyed.
(2) If an owner requests a
hearing for determination as to the dangerous nature of the animal, the hearing
shall be held before the City Council, which shall set a date for hearing not
more than three weeks after demand for the hearing. The records of the Animal
Control or City Clerk’s office shall be admissible for consideration by the
Animal Control Officer without further foundation. After considering all
evidence pertaining to the temperament of the animal, the City Council shall
make an order as it deems proper. The City Council may order that the Animal
Control Officer take the animal into custody for destruction, if the animal is
not currently in custody. If the animal is ordered into custody for
destruction, the owner shall immediately make the animal available to the
Animal Control Officer.
(3) No person shall harbor an animal after it has been found by to be
dangerous and ordered into custody for destruction.
(H) 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.
(I) Notification
of new address. The owner of an animal which has been identified as
dangerous or potentially dangerous shall notify the Animal Control Officer in
writing if the animal is to be relocated from its current address or given or
sold to another person. The notification shall be given in writing at least 14
days prior to the relocation or transfer of ownership. The notification shall
include the current owner's name and address, the relocation address, and the
name of the new owner, if any.
Penalty, see § 91.99
§ 91.12 DANGEROUS ANIMAL REQUIREMENTS.
(A) Requirements. If the City
Council does not order the destruction of an animal that has been declared
dangerous, the City Council may, as an alternative, order any or all of the
following:
(1) That the owner provide and
maintain a proper enclosure for the dangerous animal as specified in
§ 91.11(C)(3);
(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 M.S. § 347.51 as may be amended from time to time;
(3) Provide and show proof
annually of public liability insurance in the minimum amount of $300,000;
(4) If the animal is a dog and
is outside the proper enclosure, the dog must be muzzled and restrained by a
substantial chain or leash (not to exceed six feet in length) and under the
physical restraint of a person 16 years of age or older. The muzzle must be of
a 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;
(5) If the animal is a dog, it
must have an easily identifiable, standardized tag identifying the dog as
dangerous affixed to its collar at all times as specified in M.S. § 347.51
as it may be amended from time to time;
(6) All animals deemed dangerous
by the Animal Control Officer shall be registered with the county in which this
city is located within 14 days after the date the animal was so deemed and
provide satisfactory proof thereof to the Animal Control Officer.
(7) If the animal is a dog, the
dog must be licensed and up to date on rabies vaccination. If the animal is a
cat or ferret, it must be up to date with rabies vaccination.
(B) Seizure. The Animal Control
Officer shall immediately seize any dangerous animal if the owner does not meet
each of the above requirements within 14 days after the date notice is sent to
the owner that the animal is dangerous. Seizure may be appealed to district
court by serving a summons and petition upon the city and filing it with the
district court.
(C) Reclaiming animals. A
dangerous animal seized under § 91.12(B),
may be reclaimed by the owner of the animal upon payment of impounding
and boarding fees and presenting proof to animal control that each of the
requirements under § 91.12(B), is fulfilled. An animal not reclaimed under
this section within 14 days may be disposed of as provided under
§ 91.11(F), and the owner is liable to the city for costs incurred in
confining and impounding the animal.
(D) Subsequent offenses. If an
owner of an animal has subsequently violated the provisions under § 91.11
with the same animal, the animal must be seized by animal control. The owner
may request a hearing as defined in § 91.11(F). If the owner is found to
have violated the provisions for which the animal was seized, the Animal
Control Officer shall order the animal destroyed in a proper and humane manner
and the owner shall pay the costs of confining the animal. If the person is
found not to have violated the provisions for which the animal was seized, the
owner may reclaim the animal under the provisions of § 91.12(C). If the
animal is not yet reclaimed by the owner within 14 days after the date the
owner is notified that the animal may be reclaimed, the animal may be disposed
of as provided under § 91.11(F) and the owner is liable to the animal
control for the costs incurred in confining, impounding and disposing of the
animal.
§ 91.13 BASIC CARE.
All animals shall receive from their
owners or keepers kind treatment, housing in the winter, and sufficient food
and water for their comfort. Any person not treating their pet in a humane
manner will be subject to the penalties provided in this section.
§ 91.14 BREEDING MORATORIUM.
Every female dog or female cat in heat
shall be confined in a building or other enclosure in a manner that it cannot
come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the
animal, every dog or cat shall be neutered or spayed prior to being transferred
to a new owner.
§ 91.15 ENFORCING OFFICER.
The Council is hereby authorized to
appoint an animal control officer(s) to enforce the provisions of this section.
In the officer's duty of enforcing the provisions of this section, he or she
may from time to time, with the consent of the City Council, designate
assistants.
§ 91.16 POUND.
Every year the Council shall designate
an official pound to which animals found in violation of this chapter shall be
taken for safe treatment, and if necessary, for destruction.
§ 91.17 INTERFERENCE WITH OFFICERS.
No person shall in any manner molest,
hinder, or interfere with any person authorized by the City Council to capture
dogs, cats or other animals and convey them to the pound while engaged in that
operation. Nor shall any unauthorized
person break open the pound, or attempt to do so, or take or attempt to take
from any agent any animal taken up by him or her in compliance with this
chapter, or in any other manner to interfere with or hinder the officer in the
discharge of his or her duties under this chapter.
Penalty, see § 91.99
§ 91.99 PENALTY.
(A) Separate offenses. Each day a violation of this chapter is
committed or permitted to continue shall constitute a separate offense and
shall be punishable under this section.
(B) Misdemeanor. Unless otherwise provided, violation of
this chapter shall constitute a misdemeanor punishable as provided in
§ 10.99.
(C) Petty misdemeanor. Violations of §§ 91.02, 91.07, 91.13
and 91.14 are petty misdemeanors punishable as provided in § 10.99.