HomeMy WebLinkAbout04-09-07 Item 4B, Hearing Examiner for Dangerous Dog Appeals
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Request for Council Action
Prepared By:
Dept:
Council Mtg. Date:
Final Action Needed By:
Schawn Johnson
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Agenda Item:
4.8.
Budgeted Amount___
Actual Amount:
Funding Source:
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I 2007, for Providing a Hearing Examiner for Potentially Dangerous or Dangerous Dog Hearing Appeals-
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. Motion to Approve the Memorandum of Understanding between the Ramsey County Sheriffs Department and the City of Arden I-lills dated April
2007, for Providing a Hearing Examiner for Potentially Dangerous or Dangerous Dog Hearing Appeals-
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IAttorney Recommendation:
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Dated April 9, 2007 from Assistant City Administrator Schawn Johnson
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Memorandum of Understanding Between the City of Arden Hills and the Ramsey County
Sheriffs Department
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MEMORANDUM
DATE:
April 9, 2007
AGENDA ITEM: 4.B.
TO:
Honorable Mayor and City Council Members
Michelle A. Wolfe, City Administrator
Schawn Johnson, Assistant City Administrator~
FROM:
SUBJECT:
Motion to Approve the Memorandum of Understanding between the
Ramsey County Sheriffs Department and the City of Arden Hills dated
April 9, 2007, for Providing a Hearing Examiner for Potentially
Dangerous or Dangerous Dog Hearing Appeals-
ENCLOSURES:
Proposed Memorandum of Understanding Between the Ramsey County
Sheriffs Department and the City of Arden Hills
Overview
On September 25, 2006, the Arden Hills City Council adopted Ordinance No. 380 amending the
Animals and Pets chapter of the Arden Hills City Code. Section 400.04, Subd. C. of the Arden
Hills City Code identifies the appeal process the owner and the City must follow if a dog is
deemed dangerous or potentially dangerous by the City's Animal Control Officer. The appeal
section of the Animal and Pets chapter ofthe City Code reads as follows:
Appeal. An owner may appeal a determination that a dog is a potentially dangerous or
dangerous dog by filing a written notice for a hearing to the City Administrator within ten
(10) days of the owner's receipt of the notice. If an owner files a timely appeal, a hearing
shall be held within thirty (30) days after the City's receipt of the appeal. The City
Administrator shall assign a hearing examiner to hear the appeal. The hearing examiner
may be a City employee, provided the employee has not been involved in determining if
the dog was potentially dangerous or dangerous. During the hearing the Minnesota rules
of evidence do not need to be strictly followed and the records of the Animal Control
Officer or law enforcement officer shall be considered without further foundation. After
considering all ofthe evidence submitted, the hearing examiner shall make written
findings of fact and shall determine whether the dog is a potentially dangerous or a
dangerous dog. The findings and conclusions shall be made within ten (10) working days
after the hearing and shall be thereafter personally served upon the owner or a person of
suitable age at the residence of such owner. The decision of the hearing examiner shall
be the final decision of the City. If a timely appeal is not filed, the owner of a dangerous
dog must comply with the requirements set forth in this section and Minnesota Statutes
Sections 347.50 through and including 347.56.
In preparation for a future dangerous dog situation, City staff has been working with the Ramsey
County Sheriffs Department on drafting a Memorandum of Understanding in which a hearing
examiner would be provided under the City's law enforcement agreement. In the future if a
potentially dangerous or dangerous dog case arises and the owner wishes to appeal the decision
of the animal control officer; the City Administrator will make a request to the Ramsey County
Sheriffs Department to have a member of the Sheriffs Department assigned as a hearing
examiner to hear the potentially dangerous or dangerous dog case. The assigned personnel from
the Ramsey County Sheriffs Department shall conduct the hearing and follow the process as
defined in the City's animal control regulations.
City staff believes that the utilization of the Ramsey County Sheriffs Department personnel as a
hearing examiner for a dangerous or potentially dangerous dog appeal case will create a fair and
impartial process for all involved parties.
Staff Recommendation
Motion to Approve the Memorandum of Understanding between the Ramsey County Sheriffs
Department and the City of Arden Hills dated April 9, 2007, for Providing a Hearing Examiner
for Potentially Dangerous or Dangerous Dog Hearing Appeals-
Enclosures:
Memorandum of Understanding between the City of Arden Hills and the Ramsey County Sheriffs Department
. Ordinance No. 380-Amending Chapter 4 of the Arden Hills City Code
2
CITY OF ARDEN HILLS
RAMSEY COUNTY SHERIFF'S DEPARTMENT
MEMORANDUM OF UNDERSTANDING
1.0 PARTIES. This Memorandum of Understanding is dated the 9th day of April,
2007, and is entered into by and between the City of Arden Hills, a Minnesota
statutory city ("City") and the Ramsey County Sheriffs Department ("RCS").
2.0 RECITALS.
A. The City has adopted Animal Control Regulations as contained in Arden
Hills City Code Chapter 400.
B. The City's Animal Control Regulations define circumstances which would
permit the City's Animal Control Officer to initially determine ("Initial
Determination") whether a dog is a potentially dangerous dog or a
dangerous dog.
C. The City's Animal Control Regulations permit the owner of a potentially
dangerous or dangerous dog to appeal the Initial Determination ofthe
Animal Control Officer to the City Administrator who can assign a
Hearing Examiner to hear the Appeal.
D. The City has requested that the RCS provide a Hearing Examiner for these
cases and the RCS has agreed to provide this service pursuant to the terms
of this Memorandum of Understanding and its Law Enforcement Service
Agreement with the City.
3.0 TERMS AND CONDITIONS.
A. Hearine: Process.
1. Request. Upon request of the City Administrator, the RCS shall
assign personnel ("Assigned Sheriffs Personnel") to serve as the
Hearing Examiner.
2. Notice of Hearine:. The City shall send out all notices required in
connection with the hearing.
3. Conduct of Hearine:. The Assigned Sheriffs Personnel shall conduct
the hearing and follow the hearing process defined in the City's
Animal Control Regulations.
B. Non-Bindine: Ae:reement. This is a non-binding Memorandum of
Understanding and either party may terminate its participation in the
Memorandum of Understanding by written notice to the other party.
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF ARDEN HILLS
By:
Stanley D. Harpstead
Its: Mayor
RAMSEY COUNTY SHERIFF'S
DEPARTMENT
By:
Its:
~
~HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 380
AN ORDINANCE RELATING TO THE CONTROL OF ANIMALS
WITHIN THE CITY OF ARDEN HILLS
The City Council of the City of Arden Hills hereby ordains that Chapter 4 and its
subdivisions of the Arden Hills City Code is hereby amended to read as follows:
Chapter 4 "Animals and Pets'
400.01 Definitions. The following definitions shall be used in the application and
interpretation of the provisions of this chapter:
1. Animal. Any non-human mammal, reptile, amphibian, or bird.
2. Animal Control Officer. An individual or employee of a business retained
by the City for purposes of enforcing the provisions of this Chapter; or a
member of the City's law enforcement agency.
3. Animal. Domestic. Animals kept within the home as pets, such as fish,
dogs, cats, household bird, and similar animals.
4. Animal, Non-Domestic. Animals which are kept outside the home for
purposes of food or pleasure such as cattle, hogs, horses, bees, sheep,
goats, chickens, birds, such as falcons and pigeons, and similar animals.
5. Animal, Wild. Any animal which is of a species not usually domesticated
and of a species which, due to size, wild nature or other characteristics,
is dangerous to humans and would ordinarily be confined in a zoo or
found in the wild. The term includes but is not limited to:
(a) Animals and birds, the keeping of which is licensed by the state or
federal government, such as wolves, raptors, and pheasants.
'State law references C Authority to regulate animals, M.S. ~ 412.221 (21); animals
generally, M.S. Ch. 346
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(b) Eagles, ocelots, jaguars, cougars, weasels, wild ferrets, badgers,
monkeys, chimpanzee, deer, and bison.
(c) Crossbreeds of wild animals and domesticated animals such as the
cross between dogs and coyotes and dogs and wolves.
(d) Any large cat of the family Felidae, such as lions, tigers, jaguars,
leopards, cougars and ocelots, except commonly accepted
domesticated house cats.
(e) Any member of the family Canidae, such as wolves, coyotes,
dingoes, and jackals, except domesticated dogs.
(f) Any poisonous snake such as a rattlesnake, coral snake, water
moccasin, puff adder, or cobra.
(g) Any snake or reptile which by its size, vicious nature or other
characteristic is dangerous to human beings.
(h) Any skunk, raccoon, or fox whether captured in the wild,
domestically raised, descented or not descented, vaccinated
against rabies or not vaccinated against rabies.
(i) Any bear, ape, gorilla, monkey, or badger.
(j) Any other animal or reptile which is commonly considered wild.
6. At Large. An unattended animal on public property; or an unattended
animal on private property without the consent of the property owner.
7. Cat. Any domesticated feline animal, male or female, whole or
neutered.
8. Dangerous Dog. Any dog that has committed any of the acts set forth
below:
(a) Without provocation, inflicted substantial bodily harm on a
human being on public or private property;
(b) Killed a domestic animal without provocation; or
(c) A potentially dangerous dog which aggressively bites, attacks, or
endangers the safety of humans or domestic animals.
9. Dog. Any canine animal, male or female, whole or neutered.
10. Enclosure. Any structure, except a dwelling, designed to securely
enclose and prevent an animal from escaping therefrom.
11. 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 to exit of its volition, or any house or structure in which windows
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are open or in which door or window screens are the only obstacles that
prevent the dog from exiting.
12. Owner. Any person, firm, or corporation, organization or department
possessing, harboring, keeping, having an interest in or having custody
or control of an animal.
13. Potentiallv Dangerous Dog. Any dog that has committed any of the acts
set forth below:
(a) When unprovoked, bites a human or domestic animal;
(b) When unprovoked, chases or approaches a person upon the
streets, sidewalks or any other public 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.
14. Restrained. On a leash of not more than six (6) feet in length or on a
leash which can be retracted to a length of six (6) feet or less, and in
the custody of a person of sufficient age to adequately control the
animal; in a vehicle; or confined to the owner's property by enclosure or
fencing.
15. Substantial Bodilv Harm. Bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but substantial
loss or impairment of the function of any bodily member or organ, or
which causes a fracture of any bodily member.
400.02 License Required. The following animal licenses shall be required within the City
of Arden Hills.
(A) Dog/Cat Licenses. All dogs and cats within the City of Arden Hills, except
as hereinafter provided, shall be licensed.
1. Application. Within thirty (30) days after acquiring possession of
a dog or cat which has not been licensed by the City of Arden
Hills, the owner of the dog or cat shall make application for a dog
or cat license. The application shall be on forms provided by the
City of Arden Hills.
2. Vaccination. It shall be unlawful for any dog or cat owner to keep
or maintain any dog or cat older than six (6) months of age unless
it shall have been vaccinated with an anti-rabies vaccine certified
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to be effective by a licensed veterinarian. No license renewal
shall be issued except upon compliance with this section.
3. License Fee. The license fee for each dog or cat must be
submitted with the application. The fee will be established by
City Council Resolution.
4. Duration of License. A license shall be issued for a period of time
not to exceed the expiration date of the rabies vaccination. No
dog or cat license shall be renewed without proof of vaccination.
5. Issuance of License. Upon completion of the application form,
receipt of the license fee and receipt of the proof of vaccination,
the City Administrator shall cause a dog or cat license to be
issued to the applicant for a particular dog or cat.
6. Receipt and Tags. The City of Arden Hills shall issue a license fee
receipt to the applicant along with a metallic dog or cat license
tag. The applicant shall permanently affix the tag by a metal
fastening device to the collar of the licensed animal in a manner
that allows the tag to be easily observed. If a tag is lost, a
duplicate may be issued by the City of Arden Hills upon
presentation of a receipt showing payment of the initial license
fee and upon payment of an additional fee for each duplicate tag.
7. Change of Address. An applicant who has obtained a dog or cat
license shall notify the City of the applicant's address changes
within the corporate limits of the City within ten (10) days of any
address change.
8. Counterfeit Tags. No person shall counterfeit or attempt to
counterfeit dog or cat license tags.
9. Transfer of Tags. No person shall transfer a dog or cat tag from
one dog or cat to another.
10. Exceptions. The following dogs and cats are not required to be
licensed:
(a) Dogs and cats less than six (6) months of age.
(b) Dogs and cats whose owners are temporary visitors within
the City for thirty (30) days or less.
(c) Dogs and cats which are brought into the City for
appearance in an animal show.
(d) Dogs being used by law enforcement officers
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(8) Wild Animal Licenses.
1. General Prohibition. All wild animals except the following are
prohibited within the City of Arden Hills:
(a) Wild animals brought into the City for entertainment,
exhibition or show purposes by persons keeping wild
animals for a public zoo.
(b) Wild animals which are part of a permanent display
sponsored by a bona fide research institution, a veterinary
hospital, public zoo or other institution.
(c) Nonpoisonous snakes, birds kept indoors, hamsters, mice,
rabbits, gerbils, white rats, guinea pigs, chinchillas, or
lizards and similar small animals capable of being kept in
cages continuously.
(d) Monkeys trained as personal helpers and kept by
handicapped persons.
(e) Raptors owned by licensed Falconers holding valid state
and federal Falconry permits so long as the conditions of
such permits are being satisfied.
(f) Wild animals and birds that are part of the natural habitat
and environment.
2. License Application. Applications for a Wild Animal License shall
be submitted on forms provided by the City along with a
Certificate of Insurance which indicates that applicant has
$200,000 of liability coverage on the Wild Animal and which
includes an endorsement indicating that the liability coverage will
not be cancelled without twenty (20) days written notice to the
City of Arden Hills.
3. Investigation. The Animal Control Officer shall review the
application, conduct such investigation as the Animal Control
Officer deems necessary, and shall prepare a written
recommendation regarding the issuance of a Wild Animal License.
The City Administrator shall within ten (10) days mail a notice to
all property owners within 350 feet of the site on which the Wild
Animal will be kept. The notice shall indicate that the City has
received an application for a Wild Animal License and shall
request comments from such property owners.
4. Review. The City Council shall review the application, the Animal
Control Officer's recommendations, and the comments from
property owners. The City Council may issue a Wild Animal
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License if it determines that the application is in compliance with
the City's regulations. The City Council may attach any
reasonable conditions to the issuance of a license as it determines
to be necessary in order to protect the health, safety, and
welfare of Arden Hills residents.
5. Existing Wild Animals. Anyone keeping a Wild Animal in Arden
Hills at the time of the adoption of this regulation shall have
ninety (90) days in which to comply with the provisions of this
regulation or otherwise remove the Wild Animal from the City.
Extensions beyond ninety (90) days may be granted by the City
Council for good cause but in no case shall such extension
permanently exempt a person from the requirements of this.
regulation.
6. Wild Animal Restrictions.
(a) Confinement. No person owning or harboring or having the
care or custody of a wild animal shall suffer or permit such
animal to go unconfined on the premises of such person. A
wild animal is "unconfined" as the term is used in this
section if such animal is not securely confined indoors or
confined in a secure enclosure suitably sized for the wild
animal is confined therein. An "enclosure" is secure within
the meaning of this section if it is constructed of heave
gauge mesh steel, or other suitable material; consists of a
top and sides, with the bottom of such sides fastened along
their perimeter to a slab floor of concrete or other suitable
material; where no slab floor is provided, the sides must be
embedded into the ground no less than one foot; all access
points of the enclosure must be locked when the animal is
confined therein. The Animal control officer may seize a
wild animal that has been declared dangerous that is
unconfined.
(b) Muzzling. No person owning or harboring, or having the
care of a wild animal shall suffer or permit such animal to
go beyond the premises of such person unless such animal
is securely muzzled and restrained with a chain not
exceeding three (3) feet in length, and having a tensile
strength sufficient to restrain the animal. Wild animals
which are actively participating in recognized local,
regional or national trials, training or other such sponsored
competition, need not to be muzzled while being
transported to or from during such competitions.
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(c) Summary Destruction. Any person harboring or owning a
wild animal that is found to be in violation of the City's
Animal Control Regulations may be summarily destroyed.
400.03 Regulations.
(A) Confinement of Animals. Except as herein provided, the owner of an
animal within the City of Arden Hills shall cause such animal to be
confined to the individual's property by adequate fencing, leash,
enclosure, or an approved pet containment system.
(B) Animals in Heat. The owner of a female dog or cat in heat shall confine
such animal to the owner's property or any veterinary hospital/clinic, in
such manner that such female dog or cat cannot come into contact with
other animals, except for intentional breeding purposes.
(C) Animals in Public Places. Except in designated off leash areas, the
owner of an animal within the City of Arden Hills shall cause such animal
to be restrained at all times while in a public place including but not
limited to school properties, trails, parks, open space areas, and streets.
(D) Nuisance. The owner of an animal within the City of Arden Hills shall
prevent the animal from becoming a nuisance by barking, baying,
crying, or howling in any manner for at least five (5) continuous minutes
or intermittently for unreasonable lengths of time.
(E) Cleaning Up Litter:
1. The owner of an animal shall be responsible for cleaning up any
feces of the animal and disposing of such feces in a sanitary
manner.
2. The owner of an animal shall not permit such animal to be on
public property or the private property of another without having
in the owner's immediate possession, a device for the removal of
feces and a proper receptacle located on the property of such
animal owner.
3. The owner of an animal shall remove feces left by such animal on
public property or the private property of another to a proper
receptacle located on property of the animal owner.
(F) Number of Dogs/Cats. No person shall keep more than three (3) dogs or
three (3) cats on residentially zoned property. The total number of
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combined licensed animals per residentially zoned property shall not
exceed four (4).
(G) Warning Sign. A person who uses a dog for security purposes within the
City of Arden Hills shall post a warning notice at the entrance of the
premises.
(H) Maintenance. The owner of an animal within the City of Arden Hills
shall provide said animal with sufficient, wholesome food and water;
proper shelter and protection from weather; veterinary care when
needed to prevent suffering; and with humane care and treatment.
(I) Pet Containment System. Dog owners who wish to use a pet
containment system to confine the dog shall register the pet
containment with the City Administrator. The registration form shall
include the name of the dog owner; the property address; the
identification of the dog or dogs which will be confined by the pet
containment system; a description of the particular pet containment
system; and other information as required by the City Administrator.
The owner of the animal shall place an appropriate sign on the property
indicating the existence of a pet containment system. The sign shall not
be placed within the publicly dedicated right of way. Failure to register
a pet containment system is a violation of this Section. The first time a
dog escapes from a pet containment system, the City Administrator shall
send a written warning to the dog owner. Thereafter, if a dog escapes
from a pet containment system, the dog owner shall construct an
enclosure to confine the dog.
(J) Abuse. No person shall own or harbor any animal for the purpose of
fighting, or train, torment, badger, bait or use any animal for the
purpose of causing or encouraging said animal to unprovoked attacks
upon human beings or domestic animals.
400.04 Dangerous Dogs. The provisions of Minnesota Statutes Sections 347.50
through and including 347.56 are hereby adopted as the potentially dangerous and
dangerous dog regulations for the City of Arden Hills. Every provision contained in
the foregoing Minnesota Statutes is hereby adopted and made a part of this chapter
by reference as if fully set forth herein. Where a conflict exists between the
provisions of the City Code and the provisions of Minnesota Statutes Sections 347.50
through and including 347.56, the latter provisions shall apply.
(A) Process. A City Animal Control Officer of other law enforcement official
shall be responsible for determining whether a dog is a potentially
dangerous dog or dangerous dog.
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(8) Notice. Upon a determination by the Animal Control Officer or other
law enforcement officials that a dog is a potentially dangerous or
dangerous dog, the City shall provide the owner with notice of the
determination by personally serving the owner or a person of suitable
age at the residence of such owner. The notice shall describe the dog
deemed to be a potentially dangerous or dangerous dog; shall identify
the officer making the determination; and shall specify the facts relied
upon by the officer in making the potentially dangerous or dangerous
dog determination. If the officer determines that the dog is a
potentially dangerous or a dangerous dog, the notice shall also inform
the owner of the owner's rights to appeal the determination.
(C) Appeal. An owner may appeal a determination that a dog is a
potentially dangerous or dangerous dog by filing a written notice for a
hearing to the City Administrator within ten (10) days of the owner's
receipt of the notice. If an owner files a timely appeal, a hearing shall
be held within thirty (30) days after the City's receipt of the appeal.
The City Administrator shall assign a hearing examiner to hear the
appeal. The hearing examiner may be a City employee, provided the
employee has not been involved in determining if the dog was
potentially dangerous or dangerous. During the hearing the Minnesota
rules of evidence do not need to be strictly followed and the records of
the Animal Control Officer or law enforcement officer shall be
considered without further foundation. After considering all of the
evidence submitted, the hearing examiner shall make written findings of
fact and shall determine whether the dog is a potentially dangerous or a
dangerous dog. The findings and conclusions shall be made within ten
(10) working days after the hearing and shall be thereafter personally
served upon the owner or a person of suitable age at the residence of
such owner. The decision of the hearing examiner shall be the final
decision of the City. If a timely appeal is not filed, the owner of a
dangerous dog must comply with the requirements set forth in this
section and Minnesota Statutes Sections 347.50 through and including
347.56.
(D) Dangerous Dog Restrictions.
1. Registration Required. No person may own a dangerous dog in
the City of Arden Hills unless the dog is registered as provided in
this section. The Animal Control Officer shall issue a certificate
of registration to the owner of the dangerous dog if the owner
presents the following information:
(a) Proper Enclosure. A Proper Enclosure exists for the
dangerous dog and there is a posting on the premises with
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a clearly visible warning sign, including a warning symbol
to inform children, that there is a dangerous dog on the
property.
(b) Bond/lnsurance. A surety bond issued by a surety company
authorizing to conduct business in the State of Minnesota in
a form acceptable to the Animal Control Officer in the sum
of at least $50,000.00, 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
the State of Minnesota in the amount of at least
$50,000.00, insuring the owner for any personal injuries
inflicted by the dangerous dog.
(c) Annual Fee. The owner has paid an annual fee as
determined by City Council Ordinance, in addition to any
regular dog licensing fees, to obtain a certificate of
registration for a dangerous dog under this section.
(d) Microchip. The owner has had a microchip identification
implanted in the dangerous dog.
2. Annual Renewal. The owner of a dangerous dog must renew the
registration of the dog annually until the dog is deceased. If the
dog is removed from the City of Arden Hills, it must be registered
as a dangerous dog in its new jurisdiction.
3. Warning Symbol. If a certificate of registration is issued to the
owner of a dangerous dog, the owner must post a warning symbol
to inform children that there is a dangerous dog on the property.
The design of the warning symbol must have been approved by
the Minnesota Commissioner of Public Safety.
4. Tag. The dangerous dog must have a standardized, easily
identifiable tag identifying the dog as dangerous and containing
the Uniform Dangerous Dog symbol, affixed to the dog's collar at
all times.
5. Sterilization. The Animal Control Officer may require a dangerous
dog to be sterilized at the owner's expense.
6. Death/Transfer from City. The owner of any dangerous dog must
notify the Animal Control Officer in writing of the death of the
dog; its transfer to a residence outside of the City of Arden Hills
or its transfer within the City of Arden Hills within thirty (30) days
of the death of transfer.
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7. Notice to Landlord. The owner of a dangerous dog who rents
property from another where the dog will reside must disclose to
the property owner, prior to entering into the lease agreement
and at the time of any lease renewal that the person owns a
dangerous dog that will reside at the property.
8. Sale. The owner of a dangerous dog must notify the purchaser
that the Animal Control Officer has identified the dog as a
dangerous dog. The seller must also notify the Animal Control
Officer in writing of the sale and provide the Animal Control
Officer with the new owner's name, address and telephone
number.
9. PhotoQraoh. The owner or custodian of any dangerous dog shall
make the dog available to be photographed for identification by
the Animal Control Officer at a time and place specified by the
Animal Control Officer.
10. MuzzlinQ. If the dog is outside the Proper Enclosure, the dog must
be muzzled and restrained by substantial chain or leash and be
under the physical restraint of a responsible person. The muzzle
must be made in a manner that will prevent the dog from biting
any person or animal but that will not cause injury to the dog or
interfere with its vision or respiration.
11. Custodv PendinQ Determination. The Animal Control Officer may
retain custody of any dog declared dangerous until the dog is duly
and properly registered as required herein.
400.05 Enforcement. The provisions of Sections 400.01 through 400.13 shall be
enforced by the Animal Control Officer or the City's law enforcement contractor. No
person shall, in any manner, interfere with or hinder an Animal Control Officer or the
City's law enforcement contractor in the discharge of their duties.
400.06 Exemotions. The following provisions of this Chapter shall not apply in the
following circumstances:
(A) Unless specified herein, the provisions of this Chapter shall not apply to
animals used or confined at hospitals, clinics, or businesses operated by
licensed veterinarians.
(6) Regulations relating to vaccination requirements shall not apply to any
animal belonging to a nonresident of the City and kept within the City
for no longer than thirty (30) days, provided all such animals shall, at all
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times while in the City, be restrained by the owner on the property
which the owner is occupying within the City of Arden Hills.
(C) Regulations relating to dangerous animals and potentially dangerous
animals shall not apply to dogs under the control of a law enforcement
officer.
400.07 Seizure and Removal of Animals. Subject to the provisions of this section,
animals found in violation of this chapter may be seized by the Animal Control
Officer, impounded in a designated animal shelter, and confined therein in a humane
manner for a period of not less than five (5) business days or until claimed by the
animal's owner, whichever occurs first.
(A) Animal Control Officers shall not enter the private dwelling of an
individual for purposes of seizing animals or otherwise enforcing the
provisions of this Chapter without first obtaining a search warrant.
However, an Animal Control Officer is empowered to enter upon a
property adjacent to a private dwelling for purposes of enforcing the
provisions of this Chapter.
(B) Before seizing an animal on private property, the Animal Control Officer
shall make a reasonable attempt, taking into consideration the time of
day and nature of the violation, to notify the owner that the animal is
being seized because it was observed by the Animal Control Officer to
be in violation of the provisions of this Chapter.
(C) When an animal is seized from the private property of its owner and the
Animal Control Officer has been unable to notify the owner of the
reason for seizing animal, the Animal Control Officer shall leave a
written notice affixed to the dwelling unit, in a conspicuous manner,
which includes the following information:
1. A description of the animal seized.
2. Purpose for seizure of the animal.
3. The time, place and circumstances under which the animal was
seized.
4. The location, address, telephone number, and contact person
where the animal will be impounded.
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5. A statement indicating that the person claiming the animal will
be required to pay for the fees and costs associated with
impoundment of the animal.
6. A statement indicating that failure to claim the animal within five
business days will result in the disposition of the animal.
(D) Immediately upon impounding animals, reasonable efforts shall be made
to notify the owner and inform the owner of the animal's confinement
and the procedures for release of the animal to the owner.
(E) An animal which is not redeemed within five (5) business days after
impoundment may be disposed of in any manner provided by law. Any
animal which is not claimed by the owner or sold, shall be euthanized
and disposed of in a sanitary manner by the Animal Control Officer.
(F) The title of all animals seized and held at the animal shelter may be
transferred to the Humane Society after the legal detention period has
expired and the animals have not been claimed by their owners.
(G) Animals taken into custody pursuant to the provisions of Minn. Stat.
343.22 or 343.29 shall be disposed of pursuant to the provisions of Minn.
Stat. 343.235.
400.08 Impoundment Fees. Any animal impounded hereunder may be reclaimed by
the owner of such animal within five (5) business days after such impoundment.
Before the owner shall be permitted to recover possession of the animal, the owner
shall pay the Animal Control Officer all required fees and costs of impoundment.
400.09 Rabies Control.
(A) The Minnesota Health Laws and Regulations are hereby adopted in cases
of rabid animals which have bitten any person or animals suspected of
being rabid.
(B) It shall be the duty of every physician to report to the City the names
and addresses of persons treated for bites inflicted by animals together
with other information helpful in rabies control.
(C) It shall be the duty of every licensed veterinarian to report to the City
his diagnosis of any animal observed by him as a rabies suspect.
(D) Whenever the prevalence of rabies or hydrophobia renders such action
necessary to protect the public health, safety and welfare, the Mayor
shall issue a proclamation ordering every person owning or in possession
of a dog to confine it securely to the premises unless it is muzzled so
that it cannot bite. No person shall violate this proclamation.
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400.10 Bitinl:! Animals To Be Quarantined. Whenever an animal has bitten a
person, or whenever a known or suspected rabid animal is picked up by the Animal
Control Officer or law enforcement officer, such animal shall be confined for a
minimum of ten (10) days as follows:
(A) Upon proof of a current rabies vaccination, the owner of the animal
may, with the consent of the Animal Control Officer, quarantine the
animal at the owner's residence provided that such animal shall not be
permitted to come in contact with other animals or persons and,
provided further that the animal shall be muzzled and on a leash not to
exceed four (4) feet, and in control of a competent person when taken
from the place of confinement for sanitation purposes.
(B) If no proof of a current rabies vaccination is provided, or if the Animal
Control Officer does not consent to confinement of the animal to the
owner's residence, the animal shall be quarantined at the animal shelter
or a licensed veterinary clinic at the expense of the owner.
(C) A quarantined animal shall not be removed from the place of
confinement without the written permission of the Animal Control
Officer.
(D) A quarantined animal shall be confined in an enclosure constructed of
materials suitable to prevent the animal from escaping. All openings to
the enclosure shall be locked at all times and the animal shall not be
removed from the enclosure unless the animal is muzzled on a leash not
exceeding four (4) feet in length and in control of a competent person.
400.11 Summary Destruction. Whenever an Animal Control Officer has reasonable
cause to believe that a particular animal represents a clear and immediate danger to
the residents of the City of Arden Hills, the Animal Control Officer, after making
reasonable attempts to impound such animal, may summarily destroy the animal.
400.12 Intentional Feedinl:! of Wild Animals
(A) Feedinl:! Prohibited. No person shall feed wild animals or small
mammals within the City. Intentional feeding shall mean the provision
of any grain, fruit, vegetables, nuts, salt licks, or any other food that
attracts wild animals. Living food sources such as trees and other live
vegetation shall not be considered food for wild animals.
(B) Feedinl:! Wild Birds. Bird feed may be placed in bird feeding devices and
structures solely for the purpose of attracting and feeding wild birds.
Bird feeding devices and structures should be placed at a sufficient
height or designed to prevent access by wild animals.
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(C) Exception. This shall not apply to the employees or agents of the City,
County, State, and the Federal government or veterinarians who in the
course of their official duties have wild animals in their custody or under
their management.
The Arden Hills City Council ordains that Section 400 and its subdivisions are hereby
repealed.
Adoption Date: Passed and adopted by the City Council of the City of Arden Hills the
25th day of September, 2006.
Effective Date: This Ordinance shall be effective the day following its publication or
on the day following the publication of an Ordinance Summary approved by the City
Council.
Publication Date: Published on the 4th of October, 2006.
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