TITLE
IX: GENERAL REGULATIONS
90.
ABANDONED PROPERTY
91. ANIMALS
92. FAIR
HOUSING
93. FIRE
PREVENTION
94. NUISANCES
95. STREETS
AND SIDEWALKS
96. TREES AND
SHRUBBERY
CHAPTER 90:
ABANDONED PROPERTY
90.01
Disposition of abandoned property
Abandoned Vehicles
90.15
Findings and purpose
90.16
Definitions
90.17
Violation to abandon motor vehicle
90.18
Authority to impound vehicles
90.19
Sale; waiting periods
90.20
Notice of taking and sale
90.21
Right to reclaim
90.22
Operator’s deficiency claim; consent to sale
90.23
Disposition by impound lot
90.24
Disposal authority
90.25
Contracts; reimbursement by MPCA
GENERAL PROVISIONS
§ 90.01
DISPOSITION OF ABANDONED PROPERTY.
(A)
Procedure. Except for abandoned and junked vehicles, all property
lawfully coming into possession of the city shall be disposed of as
provided in this section which is adopted pursuant to M.S.
§ 471.195, as it
may be amended from time to time. Abandoned and junked vehicles shall
be disposed of according to the procedures of §§ 90.15 et seq.
(B)
Storage. The department of the city acquiring possession of the
property shall arrange for its storage. If city facilities are
unavailable or inadequate, the department may arrange for storage at a
privately-owned facility.
(C)
Claim by owner. The owner may claim the property by exhibiting
satisfactory proof of ownership and paying the city any storage or
maintenance costs incurred by it. A receipt for the property shall be
obtained upon release to the owner.
(D)
Sale. If the property remains unclaimed in the possession of the
city for 60 days, the property shall be sold to the highest bidder at a
public auction conducted by the City Clerk/Administrator or his or her
designee after a two-weeks published notice setting forth the time and
place of the sale and the property to be sold.
(E)
Disposition of proceeds. The proceeds of the sale shall be placed
in the general fund of the city. If the former owner makes application
and furnishes satisfactory proof of ownership within six months of the
sale, the former owner shall be paid the proceeds of the sale of the
property less the costs of storage and the proportionate part of the
cost of published notice and other costs of the sale.
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ABANDONED VEHICLES
§ 90.15 FINDINGS
AND PURPOSE.
M.S.
Chapter 168B, and Minn. Rules Chapter 7035, as they may be amended from
time to time, are hereby adopted by reference. Sections 90.15 through
90.25 of this code are adopted under the authority of M.S. § 168B.09,
subd. 2, as it may be amended from time to time. If any of these
provisions are less stringent than the provisions of M.S. § 168B or
Minn. Rules Chapter 7035, as it may be amended from time to time, the
statute or rule shall take precedence.
§ 90.16
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A motor vehicle, as defined in M.S. § 169.01 as it may be amended
from time to time, that:
(a) Has remained illegally:
1. For a period of more than 48 hours
on any property owned or controlled by a unit of government, or more
than four hours on that property when it is properly posted; or
2. On private property for a period of
time, as determined under § 90.18(B), without the consent of the person
in control of the property; and
(b) Lacks vital
component parts or is in an inoperable condition that it has no
substantial potential for further use consistent with its usual
functions, unless it is kept in an enclosed garage or storage building.
(2) A classic car or pioneer car, as defined in M.S. § 168.10 as it
may be amended from time to time, is not considered an abandoned
vehicle.
(3) Vehicles on the premises of junk yards and automobile graveyards
that are defined, maintained, and licensed in accordance with M.S. §
161.242 as it may be amended from time to time, or that are licensed and
maintained in accordance with local laws and zoning regulations, are not
considered abandoned vehicles.
(4) A vehicle being held for storage by agreement or being held under
police authority or pursuant to a writ or court order is not considered
abandoned, nor may it be processed as abandoned while the police hold,
writ or court order is in effect.
DEPARTMENT. The Minnesota Department of Public Safety.
IMPOUND. To take and hold a vehicle in legal custody. There
are two types of impounds: public and nonpublic.
IMPOUND
LOT OPERATOR or OPERATOR. A person who engages in
impounding or storing, usually temporarily, unauthorized or abandoned
vehicles. OPERATOR includes an operator of a public or
nonpublic impound lot, regardless of whether tow truck service is
provided.
JUNK
VEHICLE. A vehicle that:
(1) Is three years old or older;
(2) Is extensively damaged, with the damage including things as broken
or missing wheels, motor, drive train or transmission;
(3) Is apparently inoperable;
(4) Does not have a valid, current registration plate; and
(5) Has an approximate fair market value equal only to the approximate
value of the scrap in it.
MOTOR VEHICLE or VEHICLE. Has the meaning given
“motor vehicle” in M.S. § 169.01, as it may be amended from time to
time.
MOTOR VEHICLE WASTE. Solid waste and liquid wastes derived in
the operation of or in the recycling of a motor vehicle, including such
things as tires and used motor oil, but excluding scrap metal.
MPCA
or AGENCY. The Minnesota Pollution Control Agency.
NONPUBLIC IMPOUND LOT. An impound lot that is not a public
impound lot.
PUBLIC IMPOUND LOT. An impound lot owned by or contracting with
a unit of government under § 90.24.
UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and
impoundment pursuant to § 90.18(B), or M.S. § 169.041 as it may be
amended from time to time, but is not a junk vehicle or an abandoned
vehicle.
UNIT OF
GOVERNMENT.
Includes a state department or agency, a special purpose district, and a
county, statutory or home rule charter city, or town.
VITAL COMPONENT PARTS. Those parts of a motor vehicle that are
essential to the mechanical functioning of the vehicle, including such
things as the motor, drive train and wheels.
§ 90.17
VIOLATION TO ABANDON MOTOR VEHICLE.
Any person
who abandons a motor vehicle on any public or private property, without
the consent of the person in control of the property, is guilty of a
misdemeanor.
Penalty, see §
10.99
§ 90.18
AUTHORITY TO IMPOUND VEHICLES.
(A)
Abandoned or junk vehicles. The City Clerk/Administrator or his or
her designee or any peace officer employed or whose services are
contracted for by the city may take into custody and impound any
abandoned or junk vehicle.
(B)
Unauthorized vehicles. The City Clerk/Administrator, or his or her
designee or any peace officer employed or whose services are contracted
for by the city may take into custody and impound any unauthorized
vehicle under M.S. § 169.041 as it may be amended from time to time. A
vehicle may also be impounded after it has been left unattended in one
of the following public or private locations for the indicated period of
time:
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(1) In a public location not governed by M.S. § 169.041 as it may be
amended from time to time:
(a) On a highway and properly tagged by a peace
officer, four hours;
(b) Located so as to constitute an accident or
traffic hazard to the traveling public, as determined by a peace
officer, immediately; or
(c) That is a parking facility or other public
property owned or controlled by a unit of government, properly posted,
four hours; or
(2) On private property:
(a) That is single-family or duplex residential
property, immediately;
(b) That is private, nonresidential property,
properly posted, immediately;
(c) That is private, nonresidential property,
not posted, 24 hours; or
(d) That is any residential property, properly
posted, immediately.
§ 90.19 SALE;
WAITING PERIODS.
(A)
Sale after 15 days. An impounded vehicle is eligible for disposal
or sale under § 90.23, 15 days after notice to the owner, if the vehicle
is determined to be:
(1) A junk
vehicle, except that it may have a valid, current registration plate and
still be eligible for disposal or sale under this subdivision; or
(2) An abandoned vehicle.
(B)
Sale after 45 days. An impounded vehicle is eligible for disposal
or sale under § 90.23, 45 days after notice to the owner, if the vehicle
is determined to be an unauthorized vehicle.
§ 90.20 NOTICE
OF TAKING AND SALE.
(A)
Contents; notice given within five days. When an impounded vehicle
is taken into custody, the city or impound lot operator taking it into
custody shall give notice of the taking within five days. The notice
shall:
(1) Set forth the date and place of the taking; the year, make, model
and serial number of the impounded motor vehicle if the information can
be reasonably obtained; and the place where the vehicle is being held;
(2) Inform the owner and any lienholders of their right to reclaim the
vehicle under § 90.21; and
(3) State that failure of the owner or lienholders to exercise their
right to reclaim the vehicle and contents within the appropriate time
allowed under § 90.19 shall be deemed a waiver by them of all right,
title and interest in the vehicle and contents and a consent to the
transfer of title to and disposal or sale of the vehicle and contents
pursuant to § 90.23.
(B)
Notice by mail or publication. The notice shall be sent by mail to
the registered owner, if any, of an impounded vehicle and to all readily
identifiable lienholders of record. The Department makes this
information available to impound lot operators for notification
purposes. If it is impossible to determine with reasonable certainty
the identity and address of the registered owner and all lienholders,
the notice shall be published once in a newspaper of general circulation
in the area where the motor vehicle was towed from or abandoned.
Published notices may be grouped together for convenience and economy.
(C)
Unauthorized vehicles; notice. If an unauthorized vehicle remains
unclaimed after 30 days from the date the notice was sent under division
(B) of this section, a second notice shall be sent by certified mail,
return receipt requested, to the registered owner, if any, of the
unauthorized vehicle and to all readily identifiable lienholders of
record.
§ 90.21 RIGHT TO
RECLAIM.
(A)
Payment of charges. The owner or any lienholder of an impounded
vehicle shall have a right to reclaim the vehicle from the city or
impound lot operator taking it into custody upon payment of all towing
and storage charges resulting from taking the vehicle into custody
within 15 or 45 days, as applicable under § 90.19, after the date of the
notice required by § 90.20.
(B)
Lienholders. Nothing in this chapter shall be construed to impair
any lien of a garagekeeper under the laws of this state, or the right of
a lienholder to foreclose. For the purposes of this section,
GARAGEKEEPER is an operator of a parking place or establishment,
an operator of a motor vehicle
storage facility,
or an operator of an establishment for the servicing, repair or
maintenance of motor vehicles.
§ 90.22
OPERATOR’S DEFICIENCY CLAIM; CONSENT TO SALE.
(A)
Deficiency claim. The nonpublic impound lot operator has a
deficiency claim against the registered owner of the vehicle for the
reasonable costs of services provided in the towing, storage and
inspection of the vehicle minus the proceeds of the sale or auction.
The claim for storage costs may not exceed the costs of:
(1) 25 days storage for a vehicle described in § 90.19(A); and
(2) 55 days storage for a vehicle described in § 90.19(B).
(B)
Implied consent to sale. A registered owner who fails to claim the
impounded vehicle within the applicable time period allowed under §
90.19 is deemed to waive any right to reclaim the vehicle and consents
to the disposal or sale of the vehicle and its contents and transfer of
title.
§ 90.23
DISPOSITION BY IMPOUND LOT.
(A)
Auction or sale.
(1) If an abandoned or unauthorized vehicle and contents taken into
custody by the city or any impound lot is not reclaimed under § 90.21,
it may be disposed of or sold at auction or sale when eligible pursuant
to §§ 90.19 and 90.20.
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(2) The purchaser shall be given a receipt in a form prescribed by the
Registrar of Motor Vehicles which shall be sufficient title to dispose
of the vehicle. The receipt shall also entitle the purchaser to
register the vehicle and receive a certificate of title, free and clear
of all liens and claims of ownership. Before a vehicle is issued a new
certificate of title, it must receive a motor vehicle safety check.
(B)
Unsold vehicles. Abandoned or junk vehicles not sold by the city or
public impound lots pursuant to division (A) of this section shall be
disposed of in accordance with § 90.24.
(C)
Sale proceeds; public entities. From the proceeds of a sale under
this section by the city or public impound lot of an abandoned or
unauthorized motor vehicle, the city shall reimburse itself for the cost
of towing, preserving and storing the vehicle, and all administrative,
notice and publication costs incurred in handling the vehicle pursuant
to this chapter. Any remainder from the proceeds of a sale shall be
held for the owner of the vehicle or entitled lienholder for 90 days and
then shall be deposited in the treasury of the city.
(D)
Sale proceeds; nonpublic impound lots. The operator of a nonpublic
impound lot may retain any proceeds derived from a sale conducted under
the authority of division (A) of this section. The operator may retain
all proceeds from sale of any personal belongings and contents in the
vehicle that were not claimed by the owner or the owner’s agent before
the sale, except that any suspected contraband or other items that
likely would be subject to forfeiture in a criminal trial must be turned
over to the appropriate law enforcement agency.
§ 90.24 DISPOSAL
AUTHORITY.
The city
may contract with others or may utilize its own equipment and personnel
for the inventory of impounded motor vehicles and abandoned scrap metal
and may utilize its own equipment and personnel for the collection,
storage and transportation of these vehicles and abandoned scrap metal.
The city may utilize its own equipment and personnel only for the
collection and storage of not more than five abandoned or unauthorized
vehicles without advertising for or receiving bids in any 120-day
period.
§ 90.25
CONTRACTS; REIMBURSEMENT BY MPCA.
(A)
MPCA review and approval. If the city proposes to enter into a
contract with a person licensed by the MPCA pursuant to this section or
a contract pursuant to § 90.24, the MPCA may review the proposed
contract before it is entered into by the city, to determine whether it
conforms to the MPCA’s plan for solid waste management and is in
compliance with MPCA rules. A contract that does so conform may be
approved by the MPCA and entered into by the city. Where a contract has
been approved, the MPCA may reimburse the city for the costs incurred
under the contract that have not been reimbursed under § 90.23. Except
as otherwise provided in § 90.24, the MPCA shall not approve any
contract that has been entered into without prior notice to and request
for bids from all persons duly licensed by the MPCA to be a party to a
disposal contract pursuant to M.S. § 116.07, as it may be amended from
time to time; does not provide for a full performance bond; or does not
provide for total collection and transportation
of abandoned
motor vehicles, except that the MPCA may approve a contract covering
solely collection or transportation of abandoned motor vehicles where
the MPCA determines total collection and transportation to be
impracticable and where all other requirements herein have been met and
the unit of government, after proper notice and request for bids, has
not received any bid for total collection and transportation of
abandoned motor vehicles.
(B)
The city may perform work. If the city utilizes its own equipment
and personnel pursuant to its authority under § 90.24, and the use of
the equipment and personnel conforms to the MPCA’s plan for solid waste
management and is in compliance with MPCA rules, the city may be
reimbursed by the MPCA for reasonable costs incurred which are not
reimbursed under § 90.23.
(C)
The city required to contract work. The MPCA may demand that the
city contract for the disposal of abandoned motor vehicles and other
scrap metal pursuant to the MPCA’s plan for solid waste disposal. If
the city fails to contract within 180 days of the demand, the MPCA,
through the Department of Administration and on behalf of the city, may
contract with any person duly licensed by the MPCA for the disposal.
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CHAPTER 91: ANIMALS
Section
91.01
Definitions
91.02
Dogs and cats
91.03
Non-domestic animals
91.04
Farm animals
91.05
Impounding
91.06
Kennels
91.07
Nuisances
91.08
Seizure of animals
91.09
Animals presenting a danger to health and safety of city
91.10
Diseased animals
91.11
Dangerous animals
91.12
Dangerous animal requirements
91.13
Basic care
91.14
Breeding moratorium
91.15
Enforcing officer
91.16
Pound
91.17
Interference with officers
91.99
Penalty
§ 91.01
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including
all fowl and poultry) or other
member commonly
accepted as a part of the animal kingdom. Animals shall be classified
as follows:
(1) DOMESTIC ANIMALS. Those animals commonly accepted
as domesticated household pets. Unless otherwise defined,
DOMESTIC ANIMALS shall include dogs, cats, caged birds, gerbils,
hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous,
non-venomous and non-constricting reptiles or amphibians, and other
similar animals.
(2) FARM ANIMALS. Those animals commonly associated
with a farm or performing work in an agricultural setting. Unless
otherwise defined, FARM ANIMALS shall include members of
the equestrian family (horses, mules), bovine family (cows, bulls),
sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine
(including Vietnamese pot-bellied pigs), goats, bees, and other animals
associated with a farm, ranch, or stable.
(3) NON-DOMESTIC ANIMALS. Those animals commonly
considered to be naturally wild and not naturally trained or
domesticated, or which are commonly considered to be inherently
dangerous to the health, safety, and welfare of people. Unless
otherwise defined, NON-DOMESTIC ANIMALS shall include:
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(a) Any member of the large cat family (family
felidae) including lions, tigers, cougars, bobcats, leopards and
jaguars, but excluding commonly accepted domesticated house cats;
(b) Any naturally wild member of the canine
family (family canidae) including wolves, foxes, coyotes, dingoes, and
jackals, but excluding commonly accepted domesticated dogs;
(c) Any crossbreeds such as the crossbreed
between a wolf and a dog, unless the crossbreed is commonly accepted as
a domesticated house pet;
(d) Any member or relative of the rodent family
including any skunk (whether or not descented), raccoon, squirrel, or
ferret, but excluding those members otherwise defined or commonly
accepted as domesticated pets;
(e) Any poisonous, venomous, constricting, or
inherently dangerous member of the reptile or amphibian families
including rattlesnakes, boa constrictors, pit vipers, crocodiles and
alligators; and
(f) Any other animal which is not explicitly
listed above but which can be reasonably defined by the terms of this
section, including but not limited to bears, deer, monkeys and game
fish.
AT
LARGE. Off the premises of the owner and not under the custody
and control of the owner or other person, either by leash, cord, chain,
or otherwise restrained or confined.
CAT.
Both the male
and female of the felidae species commonly accepted as domesticated
household pets.
DOG.
Both the male and female of the canine species, commonly accepted as
domesticated household pets, and other domesticated animals of a dog
kind.
OWNER. Any person or persons, firm, association or corporation
owning, keeping, or harboring an animal.
RELEASE PERMIT. A permit issued by the Animal Control Officer
or other person in charge of the pound for the release of any animal
that has been taken to the pound. A release permit may be obtained upon
payment of a fee to the City Clerk/Administrator in accordance with the
regular license requirement if the animal is unlicensed, payment of a
release fee, and any maintenance costs incurred in capturing and
impounding the animal. The release fee shall be as established by
Council ordinance, as it may be amended from time to time.
§ 91.02 DOGS AND
CATS.
(A)
Running at large prohibited. It shall be unlawful for the dog or
cat of any person who owns, harbors, or keeps a dog or cat, to run at
large. A person who owns, harbors, or keeps a dog or cat which runs at
large shall be guilty of a misdemeanor. Dogs or cats on a leash and
accompanied by a responsible person or accompanied by and under the
control and direction of a responsible person, so as to
be effectively
restrained by command as by leash, shall be permitted in streets or on
public land unless the city has posted an area with signs reading “Dogs
or Cats Prohibited.”
(B)
License required.
(1) All dogs over the age of six months kept, harbored, or maintained
by their owners in the city, shall be licensed and registered with the
city. Dog licenses shall be issued by the City Clerk/Administrator upon
payment of the license fee as established by Council ordinance, as it
may be amended from time to time. The owner shall state, at the time
application is made for the license and upon forms provided, his or her
name and address and the name, breed, color, and sex of each dog owned
or kept by him or her. No license shall be granted for a dog that has
not been vaccinated against distemper and rabies, as evidenced by a
certificate by a veterinarian qualified to practice in the state in
which the dog is vaccinated.
(2) It shall be the duty of each owner of a dog subject to this
section to pay to the City Clerk/Administrator the license fee
established by Council ordinance, as it may be amended from time to
time.
(3) Upon payment of the license fee as established by Council
ordinance, as it may be amended from time to time, the City
Clerk/Administrator shall issue to the owner a license certificate and
metallic tag for each dog licensed. The tag shall have stamped on it
the year for which it is issued and the number corresponding with the
number on the certificate. Every owner shall be required to provide
each dog with a collar to which the license tag must be affixed, and
shall see that the collar and tag
are constantly
worn. In case a dog tag is lost or destroyed, a duplicate shall be
issued by the City Clerk/Administrator. A charge shall be made for each
duplicate tag in an amount established by Council ordinance, as it may
be amended from time to time. Dog tags shall not be transferable from
one dog to another and no refunds shall be made on any dog license fee
or tag because of death of a dog or the owner’s leaving the city before
the expiration of the license period.
(4) The licensing provisions of this division (B) shall not apply to
dogs whose owners are non-residents temporarily within the city, nor to
dogs brought into the city for the purpose of participating in any dog
show, nor shall this provision apply to “seeing eye” dogs properly
trained to assist blind persons for the purpose of aiding them in going
from place to place.
(5) The funds received by the City Clerk/Administrator from all dog
licenses and metallic tags fees as established by Council ordinance, as
it may be amended from time to time, shall first be used to defray any
costs incidental to the enforcement of this chapter including, but not
restricted to, the costs of licenses, metallic tags, and impounding and
maintenance of the dogs.
(C)
Cats. Cats shall be included as controlled by this division insofar
as running-at-large, pickup, impounding, boarding, licensing and proof
of anti-rabies vaccine is concerned. All other provisions of this
section shall also apply to cats unless otherwise provided.
(D)
Vaccination.
(1) All dogs and cats kept, harbored, maintained, or transported
within the city shall be
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vaccinated at
least once every three years by a licensed veterinarian for:
(a) Rabies, with a live modified vaccine; and
(b) Distemper.
(2) A certificate of vaccination must be kept on which is stated the
date of vaccination, owner’s name and address, the animal’s name (if
applicable), sex, description and weight, the type of vaccine, and the
veterinarian’s signature. Upon demand made by the City
Clerk/Administrator, the Animal Control Officer or a police officer, the
owner shall present for examination the required certificate(s) of
vaccination for the animal(s). In cases where certificates are not
presented, the owner or keeper of the animal(s) shall have seven days in
which to present the certificate(s) to the City Clerk/Administrator or
officer. Failure to do so shall be deemed a violation of this section.
Penalty, see §
91.99
§ 91.03
NON-DOMESTIC ANIMALS.
It shall
be illegal for any person to own, possess, harbor, or offer for sale,
any non-domestic animal within the city. Any owner of a non-domestic
animal at the time of adoption of this code shall have 30 days in which
to remove the animal from the city after which time the city may impound
the animal as provided for in this section. An exception shall be made
to this prohibition for animals specifically trained for and actually
providing assistance to the handicapped or disabled, and for those
animals brought into the city as part of an operating zoo, veterinarian
clinic, scientific research laboratory, or a licensed show or
exhibition.
Penalty, see §
91.99
§ 91.04 FARM
ANIMALS.
Farm
animals shall only be kept in an agricultural district of the city, or
on a residential lot of at least ten acres in size provided that no
animal shelter shall be within 300 feet of an adjoining piece of
property. An exception shall be made to this section for those animals
brought into the city as part of an operating zoo, veterinarian clinic,
scientific research laboratory, or a licensed show or exhibition.
§ 91.05
IMPOUNDING.
(A)
Running at large. Any unlicensed animal running at large is hereby
declared a public nuisance. Any Animal Control Officer or police
officer may impound any dog or other animal found unlicensed or any
animal found running at large and shall give notice of the impounding to
the owner of the dog or other animal, if known. In case the owner is
unknown, the officer shall post notice at the city office that if the
dog or other animal is not claimed within the time specified in division
(C) of this section, it will be sold or otherwise disposed of. Except
as otherwise provided in this section, it shall be unlawful to kill,
destroy, or otherwise cause injury to any animal, including dogs and
cats running at large.
(B)
Biting animals. Any animal that has not been inoculated by a live
modified rabies vaccine and which has bitten any person, wherein the
skin has been punctured or the services of a doctor are required, shall
be confined in the city pound for a period of not less than ten days, at
the expense of the owner. The animal may be released at the end of the
time if healthy and free from symptoms of rabies, and by the payment of
all costs by the owner. However, if the owner of the animal shall elect
immediately upon receipt of notice of need for the confinement by
the officer to
voluntarily and immediately confine the animal for the required period
of time in a veterinary hospital of the owner’s choosing, not outside of
the county in which this city is located, and provide immediate proof of
confinement in the manner as may be required, the owner may do so. If,
however, the animal has been inoculated with a live modified rabies
vaccine and the owner has proof of the vaccination by a certificate from
a licensed veterinarian, the owner may confine the dog or other animal
to the owner’s property.
(C)
Reclaiming. All animals conveyed to the pound shall be kept, with
humane treatment and sufficient food and water for their comfort, at
least five regular business days, unless the animal is a dangerous
animal as defined under § 91.11 in which case it shall be kept for seven
regular business days or the times specified in § 91.11, and except if
the animal is a cruelly-treated animal in which case it shall be kept
for ten regular business days, unless sooner reclaimed by their owners
or keepers as provided by this section. In case the owner or keeper
shall desire to reclaim the animal from the pound, the following shall
be required, unless otherwise provided for in this code or established
from time to time by resolution of the City Council:
(1) Payment of the release fee and receipt of a release permit as
established by Council ordinance, as it may be amended from time to
time;
(2) Payment of maintenance costs, as provided by the pound, per day or
any part of day while animal is in the pound; and
(3) If a dog is unlicensed, payment of a regular license fee as
established by Council
ordinance, as it
may be amended from time to time, and valid certificate of vaccination
for rabies and distemper shots is required.
(D)
Unclaimed animals. At the expiration of the times established in
division (C) of this section, if the animal has not been reclaimed in
accordance with the provisions of this section, the officer appointed to
enforce this section may let any person claim the animal by complying
with all provisions in this section, or the officer may sell the animal
to the University of Minnesota, or cause the animal to be destroyed in a
proper and humane manner and shall properly dispose of the remains
thereof. Any money collected under this section shall be payable to the
City Clerk/Administrator.
Penalty, see §
91.99
§ 91.06 KENNELS.
(A)
Definition of kennel. The keeping of three or more dogs on the same
premises, whether owned by the same person or not and for whatever
purpose kept, shall constitute a “kennel;” except that a fresh litter of
pups may be kept for a period of three months before that keeping shall
be deemed to be a “kennel.”
(B)
Kennel as a nuisance. Because the keeping of three or more dogs on
the same premises is subject to great abuse, causing discomfort to
persons in the area by way of smell, noise, hazard, and general
aesthetic depreciation, the keeping of three or more dogs on the
premises is hereby declared to be a nuisance and no person shall keep or
maintain a kennel within the city.
Penalty, see §
91.99
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