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10.30 - Animal Control § 10.30 Section l0.30: Animal Control Subdivision 1. Definitions As used in this Section: A. Animal Control: means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in a jurisdiction. 6. At Large: means ofF the premises of the Owner and not under the control of the Owner or other competent person, either by leash or otherwise. C. Dangerous Dog: means any Dog that 1. Has without provocation, inflicted Substantial Bodily Harm on a human being on public or private property; 2. Has killed a domestic animal without provocation while off the Owner's property; or 3. Has been found to be Potentially Dangerous, and after the Owner has been noticed that the Dog is Potentially Dangerous, the Dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. D. Dog: means both the male and female of the canine species, commonly accepted as domesticated household pets. E. Great Bodily Harm: means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. F. Maintenance Costs: means the cost of maintaining an impounded animal including but not limited to impounding fees, boarding fees and reasonable charges for medical treatment for said animal. The amount of fees shall be established by the City Council and adopted by Ordinance. G. Owner: means any person or persons, firm, corporation, organization, department, or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a Dog, except veterinary hospitals owned and operated under the provisions of the Veterinary Practice Act of the State of Minnesota and the Animal Humane Society. H. Potentially Dangerous Dog: means any Dog that 1. When unprovoked, inflicts harm or bites on a human or domestic animal Golden Valley City Code Page I of 15 § 10.30 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 Dog 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. I. Proper Enclosure: means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the Dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the Dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the Dog from exiting. The enclosure shall not allow the egress of the Dog in any manner without human assistance. A pen shall meet the following minimum specifications: 1. A minimum overall floor size of thirty-two (32) square feet. 2. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one and one-fourth inch (1�/a") or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of one (1) inch in the ground. 3. A cover over the pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewall and openings in the wire shall not exceed two (2) inches. 4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall not exceed two (2) inches. The gate shall be self-closing and self-locking. The gate shall be closed at all times when the Dog is in the pen. J. 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 of any bodily member. K. Unprovoked: means the condition in which the Dog is not excited, stimulated, agitated or disturbed into action. Golden Valley City Code Page 2 of 15 § 10.30 Subdivision 2. City Veterinarian The Council may appoint a qualified veterinarian, for such term as it shall designate, as City Veterinarian. The City Veterinarian shall act as an advisor to the Council, and City Staff on matters pertaining to animal and human health relationships. It shall be the responsibility of said veterinarian to ensure that qualified veterinary care is available at all times for any injured or diseased animal apprehended by members of the Police Department. Subdivision 3. Reserved Subdivision 4. Dog and Cat Impounding A. Impounding. 1. The Police Department shall take up and impound any unlicensed Dangerous Dog or Potentially Dangerous Dog found in the City, any Dangerous Dog or Potentially Dangerous Dog that is not properly restrained in accordance with Subdivision 7(D) herein, any Dog or cat found in the City at large while injured or diseased, any Dog or cat found off the Owner's premises without the evidence, required by this Subdivision of valid and current immunization, and any Dog or cat at such other occasion as may be necessary to enforce this Section. Said City personnel are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed Dangerous Dog or Potentially Dangerous Dog. 2. It is unlawful for the Owner of any cat more than six (6) months of age to fail to have such cat vaccinated for rabies each twelve (12) months and to have evidence of such vaccination permanently attached to a collar kept around the neck of such cat. Any cat found off the Owner's premises without such evidence of valid and current immunization shall be impounded. 3. Ifi is unlawful for the Owner of any Dog more than One hundred fifty (150) days of age to fail to have a valid and current rabies vaccine and to have evidence of such vaccination permanently attached to a collar kept around the neck of such Dog. Any Dog found ofF the Owner's premises without evidence of a valid and current rabies immunization shall be impounded. For purposes of this subdivision a Dog's vaccination with a killed rabies vaccine shall be deemed valid and current for twelve (12) months, and a Dog's vaccination with a live rabies vaccine shall be deemed valid and current for twenty-four (24) months. B. Notice of Impounding. Upon taking up and impounding any Dog or cat as provided in this Section, the Police Department shall promptly prepare a record describing said impounded Dog or cat and retain a copy of said record during the period of impoundment and during a period of ninety (90) days Golden Valley City Code Page 3 of 15 § 10.30 thereafter. C. Redemption. Any Dog or cat may be redeemed from the Police Department by the Owner within seven (7) days of the impounding by the payment to the Police Department of the license fee (as applicable) for the current year, and any additional fee if applicable, together with Maintenance Costs for each day or portion thereof that the Dog or cat is confined. D. Release. Upon proof of ownership and payment of all fees and charges as provided herein to the Police Department, the Police Department shall release to any Owner the Dog or cat claimed by such Owner. In any event, all Owners who refuse the return of a Dog or cat, or whose Dog or cat shall die during impoundment, shall be liable for all reasonable charges and fees for the impoundment, care and treatment, board, and disposal of said Dog or cat. E. Unclaimed Dogs or Cats. Any Dog or cat which is not claimed as provided in this Section, within seven (7) days after impounding may be sold for not less than the total charge provided in this Section, to any desiring to purchase the Dog or cat. Any Dog or cat, which is not claimed by the Owner or sold, may be disposed of, used for research or destroyed by the Police Department. Subdivision 5. Power to Contract The Council may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person to act as its agent to efFectuate the purposes of this Section. Subdivision 6. Confinement of Certain Dogs Any female Dog in heat, and any Dog who annoys or threatens persons passing on or using public streets, and any Dog which habitually chases automobiles shall be confined or effectively restrained by its Owner. In addition to issuing a citation, the Police Department may take up and impound any Dog found at large in violation of this provision, and release it only upon order of the Police Department after payment of the fees provided for herein. Subdivision 7. Registration of Dangerous Dogs � Adoption by Reference. Except as otherwise provided in this Section, the regulatory and procedural provisions of Minnesota Statutes, Sections 347.50 through 347.565 (a part of the law commonly referred to as the "Regulation of Dangerous Dogs") as amended through Laws 2008, are hereby incorporated herein and adopted by reference, subject however to any administrative penalty which has been adopted by the City Council by Ordinance. B. Declaration of Potentially Dangerous or Dangerous Dogs. Golden Valley City Code Page 4 of 15 § 10.30 1. A Golden Valley police officer, police ofFicer, community service officer, or animal control ofFicer may declare a Dog to be Potentially Dangerous or Dangerous, when the officer has probable cause to believe that the Dog is Potentially Dangerous or Dangerous as defined herein. The following factors will be considered in determining a Dangerous or Potentially Dangerous Dog: a. Whether any injury or damage to a person by the Dog was caused while the Dog was protecting or defending a person or the Dog's offspring within immediate vicinity of the Dog from an unjustified attack or assault; b. The size and strength of the Dog, including jaw strength, and the animal's propensity to bite humans or other domesticated animals; c. Whether the Dog has wounds, scarring, is observed in a fight, or has other indications that the Dog has been or will be used, trained or encouraged to fight with another animal or whose Owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such Dogs to fight with other animals. 2. Beginning one hundred and eighty (180) days from the date a Dog is declared Potentially Dangerous or Dangerous; the Owner may request annually that the City review the designation. The Owner shall provide clear and convincing evidence to the hearing ofFicer 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 rendering the Dog no longer Dangerous or Potentially Dangerous. The hearing officer shall review the evidence without hearing, and if the hearing ofFicer finds sufficient evidence that the Dog's behavior has changed, and the Dog is no longer Potentially Dangerous or Dangerous, the hearing officer may rescind the Dangerous Dog or Potentially Dangerous Dog designation. For purposes of this Section, the hearing officer is the Chief of Police, or his/her designee. 3. Exceptions. a. The provisions of this Subdivision do not apply to Dogs used by law enforcement. b. Dogs may not be declared Dangerous or Potentially Dangerous if the threat, injury or danger was sustained by a person who was: 1) Committing a willful trespass or other wrongful act causing injury upon the premises occupied by the Owner of the Dog; or 2) Provoking, tormenting, abusing or assaulting the Dog, or who can be shown to have a history of repeatedly provoking, tormenting, Golden Valley City Code Page 5 of 15 § 10.30 abusing or assaulting the Dog; or 3) Committing or attempting to commit a crime. C. License Required. The Owner must annually license Dangerous and Potentially Dangerous Dogs with the City and must license a newly declared Dangerous or Potentially Dangerous Dog within fourteen (14) days after notice that a Dog has been declared Dangerous or Potentially Dangerous. Regardless of any appeal that may be requested, the Owner must comply with the requirements of Minnesota Statutes, Section 347.52(c) regarding notification to the City upon transfer or death of the Dog, until and unless a hearing ofFicer or court of law reverses the declaration. 1. Process for Dangerous Dogs. The City will issue a license to the Owner of a Dangerous Dog if the Owner presents clear and convincing evidence that: a. There is a Proper Enclosure, as defined herein; b. There is a surety bond by a surety company authorized to conduct business in Minnesota in the sum of at least three hundred thousand dollars ($300,000), payable to any person injured by a Dangerous Dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in Minnesota in the amount of at least three hundred thousand dollars ($300,000), insuring that Owner for any personal injuries inflicted by the Dangerous Dog. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the City is notified in writing by the surety company or the insurance company at least ten (10) days prior to such cancellation and written proof shall be submitted that shows that the Owner's insurance provider has been notified, in writing, of the declaration of the Potentially Dangerous or Dangerous Dog; c. The Owner has paid the annual license fee established by the City Council and adopted by Ordinance; d. The Owner has had a microchip identification implanted in the Dangerous Dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the Owner at the Owner's expense, it may be implanted by the City at the Owner's expense; and e. The Owner provides proof that the Dog has been sterilized. If the Owner does not sterilize the Dog within thirty (30) days, the City shall seize the Dog and sterilize it at the Owner's expense. 2. Process for Potentially Dangerous Dogs. The City will issue a license to the Golden Valley City Code Page 6 of 15 § 10.30 Owner of a Potentially Dangerous Dog if the Owner presents clear and convincing evidence that: a. There is a Proper Enclosure, as defined herein; b. The Owner has paid the annual license fee established by the City Council and adopted by Ordinance; and c. The Owner has had a microchip identification implanted in the Potentially Dangerous Dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the Owner at the Owner's expense, it may be implanted by the City at the Owner's expense. 3. Inspection. A pre-license inspection of the premises to ensure compliance with the City Code is required. If the City issues a license to the Owner of a Dangerous or Potentially Dangerous Dog, the City shall be allowed at any reasonable time to inspect the Dog, the Proper Enclosure and all places where the animal is kept. 4. Warning Symbol. The Owner of a Dangerous Dog licensed under this Subdivision must post a sign to inform children that there is a Dangerous Dog on the property, including a warning symbol on the property, at a prominent location, clearly visible from any adjoining street, sidewalk or any public right-of-way. The sign will be provided upon issuance of the license. 5. Tags. A Dangerous Dog licensed under this Subdivision must wear a standardized, easily identifiable tag at all times that contains the uniform Dangerous Dog symbol, indentifying the Dog as dangerous. The tag shall be provided by the City upon issuance of the license. In case any Dog tag is lost, a duplicate shall be issued by the Police Department upon presentation of a receipt showing payment of the license fee in the current year and proof that the other conditions of this Subdivision remain satisfied. The charge for the duplicate tag shall be established by the City Council and adopted by Ordinance. 6. License Fee. The City will charge the Owner an annual license fee for a Dangerous or Potentially Dangerous Dog, such fee to be established by the City Council and adopted by Ordinance. D. Properly Restrained in Proper Enclosure or Outside of Proper Enclosure. While on the Owner's property, an Owner of a Dangerous or Potentially Dangerous Dog must keep it in a Proper Enclosure. Inside a residential home, there must be a secured area maintained where the Dog will stay when persons other than family members are present. If the Dog is outside the Proper Enclosure, the Dog must be muzzled and restrained by a substantial chain or leash no longer than six (6) feet and under physical restraint by an adult. Golden Valley City Code Page 7 of 15 § 10.30 The muzzle must be made in a manner that will prevent the Dog from biting any person or animal but that will not cause injury to the Dog or interfere with its vision or respiration. E. Notification Requirements to City. 1. Relocation or Death. The Owner of the Dog that has been declared Dangerous or Potentially Dangerous must notify the City Clerk in writing if the Dog is to be relocated from its current address or if the Dog has died. The notification must be given in writing within thirty (30) days of the relocation or death. The notification must include the current Owner's name and address, and the new Owner's name and the relocation address. If the relocation address is outside the City, the City may notify the local law enforcement agency of the transfer of the Dog into its jurisdiction. 2. Renter's Obligations. A person who owns or possesses a Dangerous or Potentially Dangerous Dog and who will rent property from another where the. Dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a Dangerous or Potentially Dangerous Dog that will reside at the property. A Dog Owner, who is currently renting property, must notify the property owner within fourteen (14) days of City notification if the owned Dog is newly declared as Dangerous or Potentially Dangerous and that the Dog Owner keeps the Dog on the property. 3. Transfer of Ownership into the City. No Dog that has been previously determined to be Dangerous or Potentially Dangerous by another jurisdiction shall be kept, owned or harbored in the City unless the Dog's Owner complies with the requirements of this Subdivision prior to bringing the Dog into the City. Dogs in violation of this subsection are subject to impoundment and destruction. F. Seizure. Animal control may immediately seize any Dangerous or Potentially Dangerous Dog if: 1. Fourteen (14) days after the Owner has notice that the Dog is declared Dangerous or Potentially Dangerous, the Dog is not validly licensed and no appeal has been filed; 2. Fourteen (14) days after the Owner has notice that the Dog is Dangerous, the Owner has not secured the proper liab�lity insurance or surety bond as required or such required insurance or bond is cancelled; 3. The Dog is not maintained in a Proper Enclosure; 4. The Dog is outside the Proper Enclosure and not under proper restraint, Golden Valley City Code Page 8 of 15 § 10.30 as required by this Subdivision. 5. Thirty (30) days after the Owner has notice that the Dog is dangerous, the Dog is not sterilized, as required by this Section; or 6. The Dog's microchip has been removed. G. Reclamation. A Dog seized under this Subdivision, may be reclaimed by the Owner of the Dog upon payment of Maintenance Costs, and presenting proof to animal control that the requirements of this Subdivision have been met. A Dog not reclaimed under this Subdivision within seven (7) days may be disposed of, used for research, or destroyed and the Owner will be liable to the City for Maintenance Costs. A person claiming an interest in a seized Dog may prevent disposal of destruction of the Dog by posting a security in an amount sufficient to provide for the Dog's Maintenance Costs. The security must be posted with the City within seven (7) days of the seizure, inclusive of the date seized. H. Subsequent Offenses; Seizure. If a person has been convicted of violating a provision of this Subdivision, and the person is charged with a subsequent violation relating to the same Dog, the Dog must be seized. If the Owner is convicted of the crime for which the Dog was seized, the court may order that the Dog be destroyed in a proper and humane manner and the Owner pay the Maintenance Costs. If the Owner is not convicted and the Dog is not reclaimed by the Owner within seven (7) days after the Owner has been notified that the Dog may be reclaimed, the Dog may be disposed of, used for research, or destroyed. I. Notice, Hearings. 1. Notice. After a Dog has been declared Dangerous or Potentially Dangerous or has been seized for destruction, the City shall give notice by delivering or mailing the notice to the Owner of the Dog, or by posting a copy of the notice at the place where the Dog is kept, or by delivering it to some person of suitable age and discretion residing on the property. The officer shall provide a copy of the notice served upon the Dog Owner, along with an affidavit of service, to the City Clerk. 2. Content of Notice. The notice described above must include: a. a description of the Dog, the authority for and purpose of the declaration or seizure; the time, place, and circumstances under which the Dog was declared or seized; and the telephone number and contact person where the Dog is kept; b. a statement that the Owner of the Dog may request a hearing concerning the declaration or seizure and that failure to do so within fourteen (14) days ofi the date of the notice will terminate the Owner's Golden Valley City Code Page 9 of 15 § 10.30 right to a hearing; c. a statement that if an appeal request is made within fourteen (14) days of the notice, the Owner must immediately comply with the requirements of Minnesota Statutes, Section 347.52, paragraph (c) regarding notification to the City upon transfer or death of the Dog, and City Code Section 10.30, Subdivision 7(D) regarding maintaining the Dog in a Proper Enclosure and Under proper restraint until such time as the hearing officer issues an opinion; d. a statement that if the hearing officer affirms the Dangerous Dog declaration, the Owner will have fourteen (14) days from receipt of that decision to comply with all other requirements of Minnesota Statutes, Sections 347.50 through 347.565 as amended through Laws 2008, except where the provisions of City Code Section 10.30 are more stringent in which case the Owner shall comply with this Section; e. a form to request a hearing; and f. a statement that if the Dog has been seized, all Maintenance Costs of the care, keeping, and disposition of the Dog pending the outcome of the hearing are the responsibility of the Owner, unless a court or hearing ofFicer finds that the seizure or impoundment was not substantially justified by law. 3. Hearing. a. After a Dog has been declared Dangerous, Potentially Dangerous or has been seized for destruction, the Owner may appeal in writing to the City within fourteen (14) days after notice of the declaration or seizure. Failure to do so within fourteen (14) days of the date of the notice will terminate the Owner's right to a hearing. The Owner must pay a fee for an appeal hearing as established by the City Council and adopted by Ordinance. b. The appeal hearing will be held within fourteen (14) days of the request. The hearing ofFicer must be an impartial employee of the City or an impartial person retained by the City to conduct the hearing. The appeal hearing shall be in an informal manner, and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. c. If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing, as well as all Maintenance Costs, will be the responsibility of the Dog's Owner. The hearing officer shall issue a decision on the matter within ten (10) days after the hearing. The decision shall be delivered to the Dog's Owner by hand delivery or Golden Valley City Code Page 10 of 15 § 10.30 registered mail as soon as practical and a copy shall be provided to the City. The decision of the hearing officer is final. d. An Owner's right to appeal or otherwise contest a Potentially Dangerous or Dangerous Dog declaration shall be deemed waived if the Owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date. J. Destruction of Certain Dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any Dog, after proper notice is given as required in this Section and upon finding that: 1. The Dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the Owner; 2. The Dog has been declared Dangerous, the Owner's right to appeal hereunder has been exhausted or expired, and the Owner has failed to comply with the provisions of this Subdivision; 3. It is determined that the Dog is infected with rabies; 4. The Dog inflicted Substantial or Great Bodily Harm on a human on public or private property without provocation; 5. The Dog inflicted multiple bites on a human on public or private property without provocation; 6. The Dog bit multiple human victims on public or private property in the same attack without provocation; 7. The Dog bit a human on public or private property without provocation in an attack where more than one (1) Dog participated in the attack; or 8. The dog poses a danger to the public's health, safety or welfare. K. In determining whether the Dog poses a danger to the public's health, safety or welfare, the following factors may be considered: a. The Dog weighs more than twenty (20) pounds; b. The strength of the Dog; c. The Dog's tolerance for pain; d. The Dog's tendency to refuse to terminate an attack; e. The Dog's propensity to bite humans or other domestic animals; Golden Valley City Code Page 11 of 15 § 10.30 f. The Dog's potential for unpredictable behavior; g. The Dog's aggressiveness; h. The likelihood that a bite by the Dog will result in serious injury. L. Concealing of Dogs. Any person that may harbor, hide or conceal a Dog that the City has the authority to seize or that has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. M. Dog Ownership Prohibited. 1. Except as provided below, a person shall not own a Dog if the person has been: a. Convicted in any jurisdiction of a 3rd or subsequent violation of City Code Section 10.30, Subd. 7(D), (E) or (F) or Minnesota Statutes Sections 347.51, 347.515 or 347.52; b. Convicted of 2nd degree manslaughter due to negligent or intentional use of a Dog under Minnesota Statutes Sections 609.205(4); or c. Convicted of Gross Misdemeanor harm caused by a Dog under Minnesota Statutes Section 609.226, Subd. 1. N. Dog Ownership Prohibition Review. Beginning three (3) years after a conviction under this Section that results in prohibiting a person from owning a Dog, and annually thereafter, the person may request in writing to the Police Chief that any limitations imposed by the City be reviewed. The City may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the City deems appropriate. The City may rescind the prohibition entirely or rescind it with limitations. The City also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the City rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation including, Dog attacks or unprovoked bites by a Dog owned or under his or her control, the City may permanently prohibit the person frorn owning a Dog in this state. O. Penalties. Unless stated otherwise, any person who violates a provision of this Subdivision is guilty of a misdemeanor or where provided by state law a gross misdemeanor, or alternatively, or in addition to, may be charged an administrative penalty which has been adopted by the City Council by Ordinance. Golden Valley City Code Page 12 of 15 § 10.30 Subdivision 8. Dogs or Cats Disturbing the Peace It is unlawful for any person to keep or harbor a Dog or cat which barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner. The phrase "barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner" includes, but is not limited to, the creation of any noise by any Dog or cat which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Dog or cat is being kept, and which noise occurs repeatedly over at least a five (5) minute period of time, with a thirty (30) second or less lapse of time between each animal noise during the five (5) minute period. Subdivision 9. Interference With Officers It is unlawful for any person to take or attempt to take from any person authorized under the terms of this Section, any Dog or cat taken up in compliance with this Section or in any manner to interfere with or hinder such person in the discharge of his or her duties under this Section. Subdivision 10. Offenses; Tags It is unlawful to counterfeit, attempt to counterfeit or alter the tags provided for in this Section or to give false information concerning vaccination requirements under this Section, or take from any Dog or cat, a tag legally placed upon it by its Owner with the intent to place it upon another pog or cat, or to place such tag upon another pog or cat. Subdivision li. Quarantine of Dogs and Cats A. Whenever any person owning, harboring or maintaining a Dog or cat learns that such animal has bitten any human being, such person shall immediately impound said animal at such person's expense in a licensed veterinary hospital of such person's choice and shall also immediately notify the Police Department. If, however, such person submits unequivocal proof to the Police Department that said animal was efFectively vaccinated in accord with this Section or approved veterinary practice at the time of said bite, the animal shall be securely quarantined at the residence of the Owner or in such other manner as the Police Department, in its discretion, may direct. B. The Police Department when informed that a Dog or cat has bitten any human being shall ascertain the identity of such animal and the person owning, controlling, or harboring it and shall immediately direct such person to immediately quarantine such animal in the manner set forth above. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at a shelter designated by the Police Department. C. Any Dog or cat which has bitten a human being shall be securely quarantined continuously for ten (10) days in the manner described above and shall not be released from such quarantine except by written permission of the Police Golden Valley City Code Page 13 of IS § 10.30 Department. The Owner or person harboring such animal during confinement shall immediately notify the Police Department of any evidence of sickness or disease in the animal during its period of confinement. D. Upon demand made by the Police Department as contemplated above, the Owner or person harboring said Dog or cat shall immediately comply with any such demand. Said animal may be reclaimed or released from quarantine to the Owner or possessor of the animal if it is adjudged free of rabies by a licensed veterinarian, and upon payment of the license fee authorized by this Section, and compliance with all other stated requirements. Subdivision 12. Muzzling of Dogs Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a Dog to confine it securely on the premises of such person unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled Dog running at large during the time fixed in the proclamation shall be destroyed by the police either with or without notice to the Owner, such notice to be at the discretion of the police. Subdivision 13. Leashing No person having the custody or control of any Dog or animal of the Dog kind shall at any time permit the same to be on or in other than land owned, leased, or occupied by the person having the custody or control of such Dog or animal of the Dog kind, without being effectively restrained by leash or command control as herein set forth, from going beyond such unfenced area or lot; nor shall any person having the custody or control of any Dog or animal of the Dog kind permit the same at any time to be on any street or public place without being effectively restrained by chain or leash not exceeding six (6) feet in length, unless accompanied by and, under the control and direction of the person having control or custody so as to be as effectively restrained by command as by a leash. Subdivision 14. Running at Large The Police Department shall take up and impound any Dog or cat or animal of the Dog kind running at large in violation of this Section. Subdivision 15. Limit on Number of Dogs and Cats Not more than three (3) Dogs and three (3) cats are to be maintained on any lot or in any residence except that one (1) litter of pups or kittens in excess of the above number may be kept up to an age of ninety (90) days. Subdivision 16. Kennels A. Defined. For the purpose of this Subdivision, the term "kennels" means any place, building, tract of land, abode or vehicle, wherein or whereon three (3) or more Dogs or cats, over ninety (90) days of age, are kept, kept for sale, or boarded. Golden Valley City Code Page 14 of IS § 10.30 B License Required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the City. C. License Fee. The annual fee for a kennel license shall be established by the City Council and adopted by Ordinance. D. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals and the Animal Humane Society are exempt from the provisions of this Subdivision. Subdivision 17. Humane Treatment of Dogs and Cats Every person shall provide any Dog or cat of which such person has control, suf- ficient and proper food, water, shelter and veterinarian care. No person shall poison, overwork or mistreat or in any way further any act of cruelty to any Dog or cat whether belonging to such person or another. No person shall abandon any Dog or cat of which such person has control. Subdivision 18. Mediation In addition to, but not to the exclusion of, any criminal prosecution by reason of violations of this Section, either party involved in an alleged violation may request a mediation meeting with all other affected parties and a representative of the Police Department. Such a request shall be addressed to, and said meeting shall be arranged by, the Police Department. Subdivision 19. Restrictions on Dogs and Cats No Owner shall permit such Owner's Dog or cat to damage or foul any lawn, garden or other property. Subdivision 20. Enforcement Licensed police officers, reserve officers, and community service officers, employed by the Police Department are authorized to issue citations for the violation of this Section. Source: Ordinance No. 473, 2nd Series Effective Date: 11-24-11 Golden Valley City Code Page 15 of 15