CityOrdinances3

Subd. 8. Disposition of Certain Animals.
A. Generally. The Council is authorized to order the destruction or other disposition of the following: (1) any dog or cat that habitually destroys property or habitually trespasses in a damaging manner on property of persons other than the owner; (2) any dangerous dog; and, (3) any animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the Council waives its authority under this Subdivision, a sworn complaint of any person that any one of the foregoing facts exists may be brought before a District Court Judge in this County. Said Judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said Judge to show cause why said animal should not be seized and killed or otherwise disposed of by the pound master, or any police officer or animal warden. Such summons shall be returnable not more than five (5) days from the date thereof and shall be served at least three (3) days before the time of appearance mentioned therein. Upon such hearing and finding of the facts true as complained of, the Judge may either order the animal killed or order the owner to remove it from the City or may order it confined to a designated place, or may order its sale or other disposition as herein provided for the impounded animal.
B. Notice and Hearing. The Council, after having been advised of the existence of such animal as defined in this Subdivision and having decided to retain its authority under this Section, shall proceed as follows:
1. The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this Subdivision and where applicable, the dates, times and places of animals and persons bitten, attacked, injured or disfigured, or of other violations, and shall be given ten (10) days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten (10) days of the notice, the Council shall make an appropriate order including destruction or other property disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition.
2. If the owner requests a hearing for the determination as to the disposition of the animal, the hearing shall be held before the Council at a date not more than three (3) weeks after demand for the hearing. The records of the animal control officer shall be admissible for the consideration without further foundation. After considering all evidence, the Council shall make an appropriate order within thirty (30) days of hearing, including destruction or other proper disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition.
3. The Council may apply to the District Court of Clay County for subpoenas for hearing under Item 2, above.
C. Concealing of Animals. It is unlawful for any person to harbor, hide or conceal an animal which has been ordered into custody for destruction or other proper disposition.

Subd. 9. Immobilization of Dogs or Cats. For the purpose of enforcement of this Section, any peace officer, animal control officer, or other person assisting a police officer or animal control officer, may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing or seizing, impounding, or restraining any animal believed to be in violation of this Section.

Subd. 10. Rabies Control.
A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this Subdivision and possess a certificate of a veterinarian duly licensed to practice medicine within the State of Minnesota, which certificate shall state that the dog or cat has a current inoculation against rabies. Any dog vaccinated with a modified live or trimmune killed rabies vaccine shall be revaccinated at no more than 24 month intervals; any dog vaccinated with any other killed rabies vaccine shall be revaccinated at no more than 12 month intervals. Any cat shall be revaccinated at no more than 12 month intervals for any and all types of vaccines used.
B. Animal Bites.
1. Persons Bitten.
(a) Whenever any dog or cat has bitten a person, the owner must:
(1) provide a certificate of current rabies inoculation; and (2) immediately quarantine the dog or cat at the owner�s home or other suitable place of confinement as directed by the responsible officer of the City for a period of ten (10) days after the occurrence.
(b) During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less than five (5) feet high and so
constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming into contact with persons or other animals.
(c) If the dog or cat dies or shows signs of illness or if it escapes, the animal control officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred as the result of a dog or cat biting a person, shall be at the expense of the owner of the biting animal.
(d) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the Minnesota Department of Health, Division of Public Health Laboratories to be determined if the animal has been infected with rabies.

DOG AND CAT REGULATIONS
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