HomeMy WebLinkAboutOrd. 376 - Dangerous Dog/Cat
'CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 376
AMENDING CITY CODE TITLE 5-1A-11 TO CHANGE THE DANGEROUS DOG
CODE AND SET ANNUAL FEES TO REGISTER A DANGEROUS DOG/CAT
WHEREAS, a public hearing was held before the Planning and Zoning Commission, and;
WHEREAS, the City Council reviewed the proposed code change; and
WHEREAS, the City Council has determined that the current code language is out of
date and should be modified to follow the State Statute Section 347 and establish an
annual fee to register a dangerous dog/cat.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDOVER, DOES
HEREBY ORDAIN AS FOLLOWS:
The annual fee to register a dangerous dog/cat shall be set at $50.
City Code 5-1, is hereby amended as follows (underlining indicates new language and
strikeouts indicate language to be removed):
Definitions (Title 5)
PROVOCATION: An act that an adult could reasonably expect may
cause a d02: to attack or bite.
5-1A-I1: DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND
CATS:
4. No person may own a dangerous dog/cat in the city unless the owner complies
with this section. The animal control authority of the city may char2:e the
owner an annual fee. in addition to any re2:ular d02:/cat licensin2: fees. to
obtain a certificate of re2:istration for a dan2:erous d02:/cat under this section.
Compliance TNith the registration requirement of Minnesota Statutes Section
317.51 shall constitute compliance T'vith this article. A dan2:erous d02/cat
re2:istered under this section must have a standardized. easily identifiable ta2:
identifvin2 the d02/cat as dan2:erous and containin2: the uniform dan2:erous
d02: symbol. affixed to the d02:/cat's collar at all times. The owner ofthe
dangerous dog/cat must comply with the followin2 provisions and present
sufficient evidence of compliance with them tfla.t:
a. A proper enclosure exists for the dangerous dog/cat and a posting on the
premises with a clearly visible warning sign that there is a dan2:erous
d02:/cat on the property, including a warning symbol to inform children
that there is a dangerous dog/cat on the property.
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city in the
sum of at least :fifty three hundred thousand dollars ($50,000.00)
($300.000) payable to any person injured by the dangerous dog/cat, 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 :fifty
three hundred thousand dollars ($50,000.00) ($300.000), insuring the
owner of any personal injuries inflicted by the dangerous dog/cat. +he
requirements for the TNurning sign or warning symbol shall be those as set
forth in Minnesota Statutes Section 317.51. (Amended Ord. 233, 11-4-
1997)..
c. The owner has paid an annual fee. in addition to any re2:ular
d02:/cat licensin2: fees. to obtain a certificate of re2:istration from the
city for a dan2erous d02:/cat.
d. The owner has had microchip identification implanted in the
dan2:erous d02:/cat as required under Minnesota Statutes Section
347.515.
&.- ~ The owner of a dangerous dog/cat shall keep the dangerous dog/cat,
while on the owner's property, in a proper enclosure. If the dog/cat is
outside the proper enclosure, the dog/cat must be muzzled and restrained
by a substantial chain or leash and under the physical restraint of an
. responsible individual. The muzzle must be made in a manner that will
prevent the dog/cat from biting any person or animal but that will not
cause injury to the dog/cat or interfere with its vision or respiration.
4- f:. The animal control authority for the city shall immediately seize any
dangerous dog/cat if: 1) after fourteen (14) days after the owner has been
notified that the dog/cat has been declared a dangerous dog/cat, the
dog/cat is not validly registered as set forth herein; 2) after fourteen (14)
days after the owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the owner does not secure the proper liability insurance
or surety coverage as applied by this article; 3) the dog/cat is not
maintained in the proper enclosure; el' 4) the dog/cat is outside the proper
enclosure and not under physical restraint of an responsible individual~
the d02: is not sterilized within 30 days. pursuant to city code section 5-
lA-ll A 4.j.. If the owner of a d02:/cat is convicted of a crime for
which the d02:/cat was ori2:inally seized. the court may order that the
d02:/cat be confiscated and destroyed in a proper and humane
manner. and that the owner pay the costs incurred in confiscatin2:.
confinin2:. and destroyin2: the do2:lcat.
2:. If the animal control authority for the city issues a certificate of
re2:istration to the owner of a dan2:erous d02/cat pursuant to section 5-
lA-ll a. 4.. the animal control authority requires postin2: ofthe
owner's property with a warnin2 symbol to inform children that there
is a dan2:erous d02/cat on the property. The warnin2: symbol must be
the uniform symbol provided by the commissioner of public safety.
The animal control authority for the city may char2:e the re2:istrant a
reasonable fee to cover its administrative costs and the cost of the
warnin2: symbol.
h. An owner of a dan2:erous d02:/cat must renew the re2:istration of he
dan2:erous d02:/cat annually until the d02:/cat is deceased. If the
d02:/cat is removed from the city. it must be re2istered as a dan2:erous
d02:/cat in its new iurisdiction.
i. An owner of a dan2:erous d02/cat must notify the animal control
authority of the city in writin2: of the death of the d02:/cat or its
transfer to a new location where the d02:/cat will reside within 30 days
.of the death or transfer. and must. if requested by the animal control
authority. execute an affidavit under oath settin2: forth either the
circumstances of the d02:/cat's death or disposition or the complete
name. address. and telephone number of the person to whom the
d02/cat has been transferred or the address where the d02/cat has
been relocated.
i. The animal control authority of the city shall require a dan2:erous
d02:/cat to be sterilized at the owner's expense. If the owner does not
have the animal sterilized within 30 days. the animal control authority
may seize the d02/cat and have it sterilized at the owner's expense.
k. A person who owns a dan2:erous do2:lcat and who rents property
from another where the d02:/cat will reside must disclose to the
property owner prior to enterin2: the lease a2reement and at the time
of any lease renewal that the person owns a dan2:erous d02:/cat that
will reside at the property.
I. A person who transfers ownership of a dan2:erous d02/cat must
notify the new owner that the animal control authority has identified
the d02/cat as dan2erous. The. current owner must also notify the
animal control authority in writin2: of the transfer of ownership and
provide the animal control authority with the new owner's name.
address. and telephone number.
5. All provisions of Minnesota State Statute Sections 347.54. 347.541. 347.542.
347.55.347.56. and 347.565 are hereby adopted into this Code by reference.
These particular sections deal with seizure. disposition of seized animals.
restrictions on d02: ownership. penalties. and destruction of d02:s in certain
circumstances.
~. &:.,.The following are exceptions to the dangerous dog/cat classification:
a. The provisions of this section do not apply to dangerous dogs/cats used
by law enforcement officials for official work.
b. Dogs/cats may not be declared dangerous ifthe threat, injury, or
damage was sustained by a person: 1) who was committing a willful
trespass or other tort upon the premises occupied by the owner of the
dog/cat; 2) who was provoking, tormenting, abusing or assaulting the
dog/cat or who can be shown to have repeatedly, in the past, provoked,
tormented, abused, or assaulted the dog/cat; or 3) who was committing or
attempting to commit a crime.
~ 1:...Nothing in this chapter, nor the enactment of any other procedures herein
enumerated, shall be deemed to limit, alter, or impair the right of the city or any
person to seek enforcement through criminal prosecution of any violation of this
article, and the fact the city may be pursuing classification of a dog/cat under this
article shall prevent or prohibit the prosecution at the same time of an owner of a
dog/cat for violation of this chapter under facts arising from the same occurrence
as that which generated classification procedures. The classification procedures
shall be in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances. (Amended Ord. 233, 11-4-1997)
All other sections of the City Code shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 2nd day of December, 2008.
CITY OF ANDOVER
"'- ichael R. Gamache, Mayor