Ordinance No. 03-2


Table of Contents

Section 1. Running at Large Prohibited.

No dog shall be permitted to run at large within the limits of the City. This restriction does not prohibit the appearance of any dog upon streets or public property when the dog is on a leash and is kept under the control of the person charged with its care.

Section 2. Licenses.

(a) License Required. No person shall keep any dog within the City without securing an annual license therefor form the Clerk, who shall keep a record of all licenses issued and shall issue a metal tag for each license.

(b) License Fees; Expiration. The annual license fee shall be $3.00 for each dog. Every license shall expire on the last day of April next following its issuance.

(c) Rabies Vaccination. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog had been vaccinated for rabies within 2 years prior to the expiration of the license applied for.

(d) Tags. The owner shall permanently affix the tag to the collar of the dog so licensed in such a manner that the tag may be easily seen. The owner shall see that the tag is constantly worn by the dog. Tags are not transferable, and license fees are not refundable. It shall be unlawful to counterfeit or attempt to counterfeit the tags or take from any dog a tag legally placed upon it by its owner with intent to place it upon another dog or to place such tag upon another dog.

Section 3. Dog Nuisances.

The owner or custodian or any dog shall prevent the dog from committing in the City any act which constitutes a nuisance. It is a nuisance for any dog to habitually run at large, or frequently bark or cry, at any time of day or night, to molest or annoy any person away from the property of his owner or custodian, or to damage, defile, or destroy public or private property. All dogs shall be confined to the owner’s or custodian’s premises or led upon a leash or under strict control of its owner or custodian at all times. Failure of the owner or custodian of a dog to prevent the dog from committing such a nuisance is a violation of this ordinance.

Section 4. Confinement of Certain Dogs.

Every female dog in heat shall be confined in a building or other secure enclosure in such manner that it cannot come into contact with another dog, except for planned breeding.

Section 5. Quarantine of Certain Dogs.

Any dog which bites a person shall be quarantined for such time as may be directed by the Mayor. During quarantine, the animal shall be securely confined and kept from contact with any other animal. At the discretion of the Mayor, the quarantine may be on the premises of the owner; however, if the Mayor requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital.

Section 6. Muzzling Proclamation.

Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Council shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided.

Section 7. Proceedings for Destruction of Certain Dogs.

Upon sworn complaint to the Wabasha County District Court that any one of the following facts exist:

(a) that any dog at any time has destroyed property or habitually trespasses in a damaging manner on the property of persons other than the owner;

(b) that any dog at any time has attacked or bitten a person outside the owner’s or custodian’s premises;

(c) that any dog is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets; or

(d) that any dog is a public nuisance as heretofore defined;

the judge shall issue a summons directed to the owner of the dog, commanding him to appear before the Court to show cause why the dog should not be seized by any police officer, or otherwise disposed of in the manner authorized in this part. Such summons shall be returnable not less than 2, or more than 6 days, from the date thereof and shall be served at least 2 days before the time of the scheduled appearance. Upon such hearing and finding of facts true as complained of, the court may either order the dog killed or order the owner or custodian to remove it from the City, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order, any police officer may impound the dog described in such order. The provisions of this section are in addition to and supplemental to other provisions of this part. Costs of the proceeding specified by this section shall be assessed against the owner or custodian of the dog if the facts in the complaint are found to be true, or to the complainant if the facts are found to be untrue.

Section 8. Impounding.

(a) Police or Impound Master to Impound. Any dog found unlicensed or running at large contrary to the provisions of this ordinance may be impounded by the Impound Master, any police officer, or deputy sheriff who shall give notice of the impounding to the owner of such dog, if known. The Impound Master may act on a directive from the Mayor, any Council member, City Administrator, or law enforcement officer to seek out and catch any dog found running at large. If the owner is unknown, the Impound Master, police officer, or deputy sheriff shall post notice at the pound, City Hall, and any one other conspicuous place in town that if the dog is not claimed as provided below, following posting of the notice, said dog shall be disposed of.

(b) Redemption. Any dog may be redeemed form the pound by the owner within the time stated in the notice by the payment to the Clerk of the license fee for the current year, if unpaid, together with an impounding fee to be established by the Council from time to time by resolution.

(c) Disposition of Unclaimed Dogs. Any dog which is not redeemed within the time specified in Subd. 2 may be sold for not less than the amount provided in that subdivision to anyone desiring to purchase the dog, if it is not requested by a licensed educational or scientific institution under Minnesota Statutes Sec. 35.71. All sums received in excess of the fees provided by Subd. 2 shall be paid to the owner, if he makes a claim within one (1) year of the sale and furnishes satisfactory proof of ownership. Any dog which is not claimed by the owner or sold shall be painlessly killed and buried by the Impound Master or donated to the Humane Society.

(d) Impound Master. The Impound Master shall maintain the City pound and perform other duties imposed on him by this part.

(e) Payment for Impound Master. The Impound Master shall be paid for rounding up stray dogs in the city of Mazeppa with the amount of payment to be established by the City Council from time to time by resolution.

(f) Date of Disposal. The date of disposal of the dog shall be the next day, following at least 5 business days and at least 9 calendar days, after impoundment. Business days: for purposes of this Ordinance 3-2, a “business day” is defined as a day during which the impoundment facility is open to the public for at least 4 consecutive hours.

Section 9. Kennels.

No person, firm, or corporation shall maintain in this City a kennel where dogs are kept for sale or boarding without securing a license therefor from the City Clerk. The license fee shall be $3.00 per year and shall be in addition to the license fee prescribed in the preceding sections for each dog kept in such kennel.

Section 10. Penalty.

Any person violating the provisions of Ordinance 3-2 shall be guilty of a petty misdemeanor and subject to the penalties imposed by Minnesota Statutes.