| 1. If such dog or cat is owned by a resident of the City, after payment of the impounding fees, and in addition, in the case the dog or cat is not currently licensed, purchase of a license.
2. If such dog or cat is owned by a person not a resident of the City, such owner must provide proof of current rabies immunization of any such dog or cat within 48 hours of release, excluding Saturdays, Sundays and legal holidays, and payment of the impounding fee for the period for which the dog or cat was impounded. (SEE SEC. 2.91, FEES, RATES AND CHARGES SCHEDULE) C. Disposition of Unclaimed Dogs and Cats. Any dog or cat which is not claimed within the five-day period, as defined herein, must be made available to any licensed institution which has requested the animal as required by Minnesota Statutes, Section 35.71. If a tag affixed to the animal, or by a statement by the animal�s owner after the animal�s seizure specifies that the animal may not be used for research, the animal must not be made available to any such institution and may, in the discretion of the pound, be sold for less than the amount of the required licensing fee, if applicable, to anyone desiring to purchase the animal, or be destroyed in a proper and humane manner after the expiration of the five-day period. Subd. 5. Animal Pound Records. Upon the impoundment of any dog or cat pursuant to this Section, an accurate record of the time of such impoundment shall be kept on each animal. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and 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 three months of age or over was transferred. Subd. 6. Public Nuisance. A. Unlawful Acts. It is unlawful for the owner of any dog or cat to: 1. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises; 2. Permit such animal to damage or defecate in or upon public property or the property of another; 3. Interfere with any police officer, or other City employee, in the performance of his/her duty to enforce this Subdivision. B. Impoundment. The animal control officer or police officer may seize, impound or restrain any dog or cat which has been permitted to habitually bark, cry, whimper, howl, whine or emit any other loud or unusual noise for a period of two or more hours whenever the owner of such animal cannot be immediately located or has failed, upon order by the animal control officer or a police officer, to prevent such animal from habitually making such noise. Subdivisions 4 and 5 of this Section shall apply to any cat or dog impounded under this Subdivision. Subd. 7. Dangerous Dogs. A. City Registration Required. It is unlawful to own a dangerous dog in the City unless the dog is registered as provided in this Subdivision. B. The City shall issue a certificate of registration to the owner of a dangerous dog if the owner present sufficient evidence that: 1. A proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property; 2. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the City 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 the State of Minnesota in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog; 3. The owner has paid an annual fee of $500.00, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this Section; and 4. The owner has had microchip identification implanted in the dangerous dog as required under Minnesota Statutes 347.515. C. Dangerous Dog Designation Review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that 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 authority may rescind the dangerous dog designation. D. County Registration Required. It is unlawful to own or keep a dangerous dog within the City unless such dog is duly registered with the Clay County Auditor�s Office. E. Tag Required. It is unlawful for the owner of any dangerous dog, while on the owner�s property, to not have the standardized, easily identifiable tag affixed to the dog�s collar at all times, identifying the dog as dangerous. A police officer, animal control officer, warden, or other employee or agent of the City assisting a police officer or animal control officer, is hereby authorized to summarily destroy such animal. F. Enclosure and Muzzling Required. It is unlawful for the owner of any dangerous dog, while on the owner�s property, to have such dog outside a proper enclosure unless such a dog is muzzled, as to prevent the dog from biting any person or animal but not injurious to the dog, and restrained by a substantial chain or leash and under the physical restraint of a responsible person. For purposes of this provision, �proper enclosure� means 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. G. Destruction of Dangerous Dog. In the event that a dangerous dog appears to be an immediate danger to any person or property, a police officer, animal control officer, warden, or other employee of the City assisting a police officer, is hereby authorized to summarily destroy such animal. H. Non-Application to Police Dogs. The provisions of this Subdivision shall not apply to any dangerous dog used by law enforcement officials for public work. |
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