Animal Licensing and Regulation Sec. 10.04

SEC. 10.04. ANIMAL LICENSING AND REGULATION.

Subd. 1. Definitions. For the purpose of this Section:

A. "Animal" means a dog or cat.

B. "Dog" means both male and female and includes any animal of the dog kind.

C. "Cat" means both male and female and includes any animal of the cat kind.

D. "Owner" means a person who owns an animal hereby regulated.

E. "Own" means to have a property interest in, or to, harbor, feed, board or keep.

F. "Potentially Dangerous Animal" means any animal that:

(1) when unprovoked, inflicts bites on a human or domestic animal on public or private property or attacks a human or domestic animal in any other way that causes injury on public or private property.

(2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the animal owner’s property, in an apparent attitude of attack; or

(3) has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise, threatening the safety of humans or domestic animals.

G. "Dangerous Animal" means an animal which has:

(1) without provocation, inflicted substantial bodily harm on a human being on public or private property;

(2) killed a domestic animal without provocation while off the owner’s property;

(3) been found to be potentially dangerous and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals.

H. "Substantial bodily harm" means 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 to any bodily member.

Subd. 2. License Required. It is unlawful for the owner of any animal, four months of age or more, to fail to obtain a license therefor from the City. For purposes of licensing, the owner shall be considered to be a property owner or tenant at least 18 years of age.

Subd. 3. Number of Animals Restricted. The number of licensed animals permitted per structure shall not exceed three (3) animals of any combination of cats and/or dog.

Source: Ordinance No. 8, Series V

Effective Date: 1-15-98

Subd. 4. License Issuance and Term. All animal licenses shall be issued only upon presentation of a certificate issued by a veterinarian, licensed to practice veterinary medicine in the State of Minnesota, showing current rabies immunization of the animal. All animal licenses shall be issued for a term of two years and shall expire at the end of the two year period.

Subd. 5. Tag Required. All licensed animals shall wear a collar and have a tag firmly affixed thereto evidencing a current license. A replacement for a lost tag may be issued by the City upon presentation of the receipt showing payment of the license fee. Tags shall not be transferable, and no refund shall be made on any license fee because of leaving the City or death of the animal before the expiration of the license.

Subd. 6. Running at Large Prohibited. It is unlawful for a person to permit such animal to run at large. Any animal shall be presumed to be running at large with the permission of the owner unless it is contained to the property of the owner, the property of another with that property owner's permission, or within a City designated dog training and exercise area, by one or more of the following means:

A. on a durable leash secured to an object which it cannot move,

B. through the use of an electronic fence system,

C. is under the direct and immediate control of an accompanying person of suitable age and discretion,

D. is on a leash and under the control of an accompanying person of suitable age and discretion,

E. is effectively confined within a motor vehicle, building, or enclosure.

Any unleashed animal, which leaves the permitted premises, shall be determined to be Running at Large. The owner of the animal shall be responsible for ensuring that the animal is not Running at Large even when the animal is on the property of another.

Dog training and exercise areas are determined by the City Council and must be clearly marked as such.

Source: Ordinance 68, Series 5
Effective Date: 04-26-2007

Source: Ordinance 74, Series 5
Effective Date: 09-18-2008

Subd. 7. Seizure by a Citizen. It is lawful for any person to seize and impound an animal so found running at large and shall within six hours thereafter notify the Police Department of said seizure. It shall be the duty of the Police Department to release said animal to the owner if possible, or place said animal in the Animal Shelter. If the name of the owner of such animal so seized is known to the person who first takes such animal into custody, he or she shall inform the Police Department of the name of the owner, and the address if known.

Subd. 8. Immobilization of Animals. For the purpose of enforcement of this Section any peace officer, or person whose duty is animal control, may use a so‑called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal.

Subd. 9. Summary Destruction. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the person attempting to impound, such animal may be destroyed in a humane manner.

Subd. 10. Animal Shelter. When any animal is found in the City without a license tag, running at large, or otherwise in violation of this Section, it may be placed in the Animal Shelter, and an accurate record of the time of such placement shall be kept on each animal. Every animal so placed in the Animal Shelter shall be held for redemption by the owner for a period of not less than five regular business days. A "regular business day" is one during which the Shelter is open for business to the public for at least four hours between 8:00 o'clock A.M. and 7:00 o'clock P.M. 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; and, (4) the name and address of the person to whom any animal was transferred. If unclaimed, an animal may be turned over to an organization authorized by the Council to receive the animal and either place the animal for adoption or destroy the animal. If not adopted, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Section 35.71. Provided, however, that if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the five-day period.

Subd. 11. Notice of Impounding. Upon the impounding of any animal, the owner shall be notified, or if the owner is unknown, written notice shall be posted for five days at the Police Department describing the animal and the place and time of taking.

Subd. 12. Release of Impounded Animals. Animals shall be released to their owners, as follows:

A. If such animal is owned by a resident of the City, after purchase of a license, if unlicensed, and payment of the impounding fee and maintenance.

B. If such animal is owned by a person not a resident of the City, after payment of the impounding fee and maintenance.

Subd. 13. Other Unlawful Acts. It is unlawful for the owner of any animal to (1) fail to have the animal currently immunized for rabies, or (2) fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed animal, or (3) own a dangerous animal, or (4) interfere with any police officer, or other City employee, in the performance of his duty to enforce this Section, or (5) abandon any animal in the City, or (6) fail to provide such animal with sufficient good and wholesome food and water, proper shelter and protection from the elements, veterinary care when needed to prevent suffering, and humane care and treatment, or (7) fail to keep his dog from barking, or his dog or cat from howling or whining.

Subd. 14. Notice to Owner of Potentially Dangerous and Dangerous Animals.

A. Upon a determination that an animal is a "potentially dangerous animal" as defined by this Ordinance, the Chief of Police shall send a letter via certified U.S. Mail to the owner of said animal notifying the owner that the animal has been found to be a "potentially dangerous animal" and shall advise the owner that if the animal endangers the safety of humans or domestic animals again, it will be considered a "dangerous animal" and the owner will be deemed to be in violation of Subdivision 13 of this Ordinance. The notice shall also advise the owner of the animal that they have fourteen (14) days to challenge the determination. An owner who wishes to challenge said determination must request a hearing in writing within fourteen (14) days of the date of the notice.

B. Upon a determination that an animal is a "dangerous animal" as defined by this Ordinance, the Chief of Police shall send a letter via certified U.S. Mail or personal service to the owner of said animal notifying the owner that the animal has been found to be a "dangerous animal" and shall advise the owner that it is unlawful to own a dangerous animal within the City of Buffalo as set forth in Subdivision 13 of this Ordinance. An animal that has been determined to be a "dangerous animal" shall be seized by the police and placed in the Animal Shelter for a period of not less than the fourteen (14) day notice period. If the owner requests a hearing, the "dangerous animal" shall remain in the Animal Shelter during the pendency of the hearing procedure. In lieu of seizure of the animal, an owner may remove the "dangerous animal" from the City limits.

C. Notwithstanding the language contained in Subdivision 6 of this section, all “potentially dangerous animals,” as defined in this Ordinance, which are outside of the owner’s residence, must be kept on a suitable leash, or in an enclosure which restricts the animal’s ability to egress from the owner’s property.

Source: Ordinance 68, Series 5
Effective Date: 04-26-2007

Subd. 15. Rabies Control ‑ Generally.

A. Every animal which bites a person shall be promptly reported to the Chief of Police and shall thereupon be securely quarantined for a period of ten (10) days, and shall not be released from such quarantine except by written permission of the Chief of Police. In the discretion of the Chief of Police, such quarantine may be on the premises of the owner or at the veterinary hospital of his choice. If the animal is quarantined on the premises of the owner, the City shall have access to the animal at any reasonable time for study and observation of rabies symptoms. In the case of a stray animal or in the case of an animal whose ownership is not known, such quarantine shall be at the Animal Shelter, or at the discretion of the Chief of Police the animal may be confined in a veterinary hospital designated by him.

B. The owners, upon demand made by any City employee empowered by the Council to enforce this Section, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for the purpose of supervised quarantine. The expenses of the quarantine shall be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies upon payment of fees set forth in this Section and upon compliance with licensing provisions set forth in this Section.

C. When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the City shall immediately send the head of such animal and rabies data report to the State Health Department for pathological examination and shall notify all persons concerned of the results of such examination.

D. The City shall issue such proclamation and take such action when rabies is suspected or exists as is required by Minnesota Statutes.

Subd. 16. Reports of Bite Cases. It is the duty of every physician, or other practitioner, to report to the Chief of Police the names and addresses of persons treated for bites inflicted by animals within the City, together with such other information as will be helpful in rabies control.

Subd. 17. Responsibility of Veterinarians. It is the duty of every licensed veterinarian to report to the Chief of Police his diagnosis of an animal from within the City observed by him as a rabies suspect.

Subd. 18. Animals in Heat. Except for controlled breeding purposes, every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that such female animal cannot come in contact with other animals.

Subd. 19. Animal Waste, Unlawful Acts.

A. It is unlawful for any owner to suffer or permit an animal to defecate upon public property, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner.

B. It is unlawful for any owner to permit animal excrement to accumulate for a period in excess of seven (7) days on premises occupied by him or her without removal and sanitary disposal.

Subd. 20. Adoption of Fees. All fees for the licensing, impounding and maintenance of animals, including penalties for late application, may be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the Administrator and open to inspection during regular business hours.