Chapter 7
ANIMAL CONTROLlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046
3-7-1: DEFINITIONS:
3-7-2: LICENSE AND REGISTRATION REQUIREMENTS:
3-7-3: COLLAR AND TAGS:
3-7-4: LIMITATION ON NUMBER OF DOGS AND CATS:
3-7-5: RUNNING AT LARGE:
3-7-6: IMPOUNDING DOGS, CATS, AND OTHER ANIMALS AT LARGE:
3-7-7: MUZZLING REQUIREMENTS:
3-7-8: SUSPICION OF RABIES, NOTICE:
3-7-9: PROHIBITED ACTS AND CONDITIONS:
3-7-10: ANIMALS PROHIBITED IN CITY:
3-7-11: LAW ENFORCEMENT DOGS AND ANIMALS:
3-7-12: PENALTIES:
3-7-13: POTENTIALLY DANGEROUS AND DANGEROUS DOGS:

3-7-1: DEFINITIONS:linklink


Terms used in this chapter have the following meanings:

AT LARGE: Off the premises of the owner or caretaker, and not under the control of the owner or caretaker by leash which a person has physical control over.

OWNER: Any person or persons, firm, association or corporation owning, keeping or harboring a dog or a cat.

PROPER ENCLOSURES: Shall have sidewalls with a minimum height of five feet (5') and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches (2"). Support posts shall be one and one-fourth inch (11/4") or larger steel pipe buried in the ground eighteen inches (18") or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen inches (18") in the ground. (Ord. 2005-1, 2-22-2005; amd. Ord. 2005-27, 10-17-2005; Ord. 2008-23, 11-24-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470084
3-7-2: LICENSE AND REGISTRATION REQUIREMENTS:linklink


A. License And Registration: All dogs and cats over six (6) months of age kept, harbored, owned, or in any way possessed by any person within the city shall be annually licensed and registered by no later than February 15 of each year.


B. Fees: Dog and cat licenses shall be issued by the city clerk, the police department, or an entity authorized by the city council to issue dog or cat licenses, upon payment of a license fee as established by the city's fee schedule annually for each dog and cat, except that the license fee for a neutered, spayed or desexed dog or cat shall be as established by the city's fee schedule annually.


C. Application: The owner shall state at the time application is made for such license, upon printed forms provided for such purposes, their name and address and the breed, color and sex of the animal, date of rabies inoculation of the animal and whether or not the animal is neutered, spayed or desexed.


D. Rabies Inoculation Required: All dogs or cats which are licensed by the city of Moorhead shall be inoculated against rabies. The police department may request that an owner provide proof that an animal has been inoculated for rabies. In the event that an owner is unable to provide proof of inoculation the animal's license shall be canceled.


E. License Evidence: No license for a neutered, spayed or desexed dog or cat shall be issued unless satisfactory evidence of neutering, spaying or desexing is confirmed by a qualified veterinarian verbally or in writing.


F. Exemptions: The licensing provisions of this section shall not apply where the owners are nonresidents temporarily within the city, nor where dogs or cats are brought into the city for the purpose of participation in any dog or cat show, nor to dogs properly trained to assist blind or deaf persons when such dogs are actually being used by blind or deaf persons for the purpose of aiding them in going from place to place nor to dogs being used in law enforcement except any of the above animals shall be required to have their rabies inoculation.


G. Term Of License: The license herein provided for shall be in force from the date thereof until January 1 thereafter.


H. Presumption Of Ownership Of Dogs Or Cats: Licensing and registration of a dog or cat with the City shall establish a presumption that, at the time the dog or cat is licensed and registered, the owner of the dog or cat is the person receiving the license and listed on the registration. (Ord. 2008-23, 11-24-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470085
3-7-3: COLLAR AND TAGS:linklink

Upon payment of the license fee, the City Clerk or designee shall issue to the owner a license certificate and a metallic tag for each dog and cat so licensed. The shape and color of the tag shall be changed every year and shall have stamped thereon the certificate number. Each owner shall provide each dog and cat 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 tag is lost or destroyed, a duplicate will be issued by the City Clerk upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fee as established by the City's fee schedule for such duplicate. Tags shall not be transferable from one animal to another and no refunds shall be made on any license fee because of the death of the animal or the owner leaving the City before expiration of the license period. The metal rabies inoculation tag shall also be kept affixed to the animal's collar at all times. (Ord. 2005-1, 2-22-2005; amd. Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470086
3-7-4: LIMITATION ON NUMBER OF DOGS AND CATS:linklink

It shall be unlawful to keep, harbor, own, or in any way possess four (4) or more dogs and/or four (4) or more cats over six (6) months of age upon or about the premises of any dwelling, or dwelling unit within the corporate limits of the City. Notwithstanding the foregoing, the number of dogs and/or cats kept, harbored, owned or possessed at the premises of any dwelling or dwelling unit within the corporate limits of the City shall not exceed a total of four (4) animals (i.e., 2 dogs and 2 cats; 1 dog and 3 cats). Provided, a person may request a permit from the Police Department to keep, or harbor up to two (2) dogs or two (2) cats, but not both, as part of a qualified home used by organizations for rescue or sheltering of abandoned or lost animals. (For purposes of this section, a "qualified home" shall mean a home which has received written approval to house abandoned or lost animals by an organization involved in the rescue or sheltering of abandoned or lost animals, and which organization has been in existence and operating for at least 1 year.) The permit shall allow up to two (2) such animals in addition to other dogs or cats already kept at the dwelling pursuant to the first sentence of this section. The permit shall be for a period of a year, and may be renewed annually provided there have been no violations of the provisions of this chapter resulting in an administrative penalty or criminal violation being imposed on the permit holder. The fee for the permit shall be as established by the City's fee schedule. (Ord. 2019-03, 1-28-2019)
http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470087
3-7-5: RUNNING AT LARGE:linklink


A. No person having the custody or control of any dog or cat shall permit the same to be off the property limits of its owner or caretaker, or on any street, public park, public golf course, school grounds or public place in the City without being effectively restrained by a leash not exceeding six feet (6') in length or within a vehicle being driven or parked on the streets. Dogs, which are at a City designated "dog park" in accordance with subsection 6-1-4E of this Code, are exempt from this section.


B. The owner of every fierce, potentially dangerous, dangerous or vicious dog shall confine such animal within a building or proper enclosure and such dog shall not be taken out of such building or enclosure unless the dog is securely muzzled.


C. Every female dog or cat 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 animal cannot come in contact with another animal, except for breeding purposes.


D. Any dog or cat found running at large, whose ownership is known to the City need not be impounded but the City at its discretion may order the owner to keep the animal in strict restraint as herein defined or the City may cite the owner of such animal to appear in court to answer charges of violation of this chapter.


E. If such dog or cat is found running at large or otherwise in violation of this section, it may be taken up and impounded and shall not be released except after payment of the fees or due hearing before a court of law as to why the owner should not be required to pay the fees; provided, however, that if any dangerous, potentially dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain by any police officer or other authorized person.


F. Any dog or cat found running at large or otherwise in violation of this section two (2) or more times during a twelve (12) month period shall be impounded and shall not be released except after payment of a minimum fine as established by the city's fee schedule in addition to any hereinbefore prescribed fees or due hearing before a court of law as to why the owner should not be required to pay the fine and fees. (Ord. 2008-23, 11-24-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470088
3-7-6: IMPOUNDING DOGS, CATS, AND OTHER ANIMALS AT LARGE:linklink


A. Authority To Impound; Records: The city shall designate such persons as the city deems necessary to apprehend any dog, cat, or other animal found running at large contrary to the provisions of this chapter and to impound such dog, cat, or other animal in the city pound, if one is maintained, or any other suitable place for the impounding of animals as may be directed by the city. Licensed animals shall be separated from unlicensed animals. A complete registry shall be made upon impounding any dog, cat, or other animal including, with relation to the dog, cat, or other animal entering:

1. Its description by species, breed, sex, approximate age, and other distinguishing traits.

2. The location at which it was seized.

3. The date of its seizure.

4. The name and address of the person from whom any dog, cat, or other animal three (3) months of age or over was received.

5. The name and address of the person to whom any dog, cat, or other animal three (3) months of age or older was transferred.

6. Whether the dog, cat, or other animal is licensed for the current year.

7. If the dog, cat, or other animal is licensed, the name and address of its owner and the number of its tag.


B. Notice To Owner And Redemption: Not later than two (2) days after the impounding of any dog, cat, or other animal, the city shall attempt to notify the owner, if the owner is known to the city.


C. Impound And Redemption Fees:

1. The owner of any animal so impounded may reclaim such animal upon payment of an impound fee as established by the city's fee schedule for the first impound each year, a fee as established by the city's fee schedule for the second impound, a fee as established by the city's fee schedule for the third impound, and increasing thereafter a fee as established by the city's fee schedule for each additional impound.

2. Additional charges for maintenance and keeping of said dog or cat, giving proper notice, and the cost of any needed rabies inoculation shall be assessed in addition to the license fee and impound fee.

3. The owner of any dog or cat six (6) months of age or older impounded by the city which is not licensed for the current year or which has not been spayed or neutered shall be assessed an impound fee as established by the city's fee schedule in addition to the fees hereinbefore prescribed.

4. If the owner disputes the fees assessed or prescribed, the owner shall pay the fees and may appeal any disputed fees to conciliation court in Clay County for a refund.


D. Disposition Of Unclaimed Or Infected Dogs, Cats, And Other Animals: All animals shall be impounded for a period of at least five (5) regular business days. At the end of the five (5) day period, all animals, which remain unredeemed, must be made available to any registered, recorded, licensed, animal rescue organization. At the end of the five (5) day period, if no requests for animals have been filed with the city by any registered, recorded, licensed, animal rescue organization, all animals, which remain unredeemed, may be destroyed in the discretion of the city. Notwithstanding any provisions within this section, any animal which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease, as shall be determined by a qualified veterinarian, shall not be released but may be forthwith destroyed. (Ord. 2008-23, 11-24-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470089
3-7-7: MUZZLING REQUIREMENTS:linklink

Whenever it becomes necessary to safeguard the public from the dangers of rabies, the city may order all persons owning or keeping a dog or cat to confine it securely on their premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog or cat running at large after the issuance of such an order shall be seized and impounded unless noticeably infected with rabies. All dogs or cats so noticeably infected with rabies and displaying vicious propensities shall be disposed of without notice to the owner. Dogs and cats impounded during the first two (2) days of such proclamation shall, if claimed within three (3) days, be released to the owner unless infected with rabies, upon payment of the impounding charges. If unclaimed after that period, such dog or cat may be destroyed. (Ord. 2005-1, 2-22-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470090
3-7-8: SUSPICION OF RABIES, NOTICE:linklink


A. If a dog or cat is believed to have rabies or has been bitten by a dog or cat suspected of having rabies, such animal shall be placed under the observation of a veterinarian, at the expense of the owner(s) for a period of ten (10) days. The owner(s) shall notify the police department of the fact that their dog or cat has been exposed to rabies and, at its discretion, the police department is empowered to have such animal removed from the owner's premises to a veterinary hospital and placed under observation for a period of ten (10) days at the expense of the owner.


B. It shall be unlawful for any persons knowing or suspecting that a dog or cat has rabies to allow such dog or cat to be taken off their premises or beyond the limits of the city without the written permission of the police department. Every owner or other person, who suspects a dog or cat is rabid, shall immediately notify the police department who shall either remove the animal to the pound or destroy it.


C. Upon request of any person who has been bitten by a dog or cat within the city limits, or upon request of the guardian of said person, the police department shall impound said animal and shall deliver said animal to a veterinarian to be placed under observation of a veterinarian, at the expense of the owner of said animal, for a period of ten (10) days thereafter. Owners wishing to appeal the impounding of their animal may request the chief of police to review the impound or may seek redress in the courts. (Ord. 2005-1, 2-22-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470091
3-7-9: PROHIBITED ACTS AND CONDITIONS:linklink


A. Premises Kept Clean: Any person operating or maintaining a kennel for any number of dogs or cats, either commercially or privately, or maintaining a dog or cat on a leash, or chained in a back yard or elsewhere, or allowed to roam in a fenced in yard of any size, shall clean waste material daily. All waste material shall be stored in steel containers, covered fly and watertight and to prevent any noxious odor therefrom.


B. Animal Wastes On Public And Private Property: No person shall allow a dog or cat owned by them or in their possession to deposit animal waste in city parks, on public property or on the property of other citizens or residents of the city. Any person charged and convicted of a violation of this subsection shall be subject to a fine or administrative penalty not to exceed ten dollars ($10.00) for the first offense and thereafter not to exceed fifty dollars ($50.00) for further offenses.


C. Animals Disturbing The Peace1: No person shall keep or harbor any animal, which habitually barks, cries or howls. Any such animals, which habitually bark, cry or howl are hereby declared to be a public nuisance. "Habitually barking, crying or howling" shall be defined as barking, howling or crying for repeated intervals of at least five (5) minutes, with less than one minute of interruption. Such barking, crying or howling must be audible off of the owner's or keeper's premises. Any person desiring to make an administrative or criminal complaint against the owner or keeper of a habitually barking, crying or howling animal must contact the police department and state facts supporting the alleged nuisance. The police department, upon receipt of a sufficient complaint, shall then notify the person owning, harboring or keeping the animal that a complaint has been received and that such nuisance must be abated, and remain abated for a period of two (2) months. Notice shall be sufficient for purposes of this section if the alleged violator is informed orally of the complaint or if notice of the complaint is posted upon a door of the residence where the alleged violation occurred. If the animal is not quieted within the above time period and for the above described time period, an administrative or criminal complaint may be made out against the alleged violator.


D. Feeding Of Deer Prohibited: No person shall feed or allow the feeding of any deer within the city limits. For purposes of this section, "feeding" shall mean the provision of one-half (1/2) cubic foot or more of grain, fruit, vegetables, nuts, hay or other edible material, either on the ground or at a height of less than five feet (5') above the ground, in a manner that attracts deer on a regular basis. Living food sources, such as fruit trees and other live vegetation, shall not be considered as deer feeding. This prohibition shall not apply to veterinarians, city animal control officers and park maintenance staff, or county, state or federal game officials who in the course of their duties have deer in their custody or under their management. (Ord. 2005-1, 2-22-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470092
3-7-10: ANIMALS PROHIBITED IN CITY:linklink


A. Livestock Prohibited In City Limits: It shall be unlawful for an owner to keep chickens, ducks, geese, turkeys or other domestic fowl, cattle, horses, pigs, sheep, goats or other domestic livestock within the limits of the city, except that licensed veterinarians may keep such animals for the purposes of care and treatment necessary in the practice of their profession and except for temporary presence in connection with livestock or wildlife shows, exhibitions, zoos, circuses or auctions within the city. Any animals present in such a temporary livestock or wildlife event shall be caged, tethered or otherwise safely restrained to protect the public.


B. Pigeons: It shall be unlawful for an owner to keep pigeons within the limits of the city except fancy or homing pigeons as hereinafter defined may be kept in accordance with the following regulations:

1. Definitions:

AVIARY: Any pen or run enclosed by wire immediately adjacent to a loft into which fancy or homing pigeons can only enter directly from the loft.

FANCY PIGEON: A pigeon which through selective past breeding has developed certain distinctive physical and/or performing characteristics as to be clearly identified as such, including, by way of example, but not limitation, rollers, frillbacks, and fantails.

HOMING PIGEON: A pigeon which through selective past breeding has developed the distinctive physical and/or mental characteristics to enable the pigeon to return to its home after having been released a considerable distance therefrom, including, by way of example but not limitation, carrier and racing pigeons.

LOFT: Any building, structure, or coop in which fancy or homing pigeons are housed or kept which meets the requirements of subsection B5 of this section.

SUPERVISED EXERCISE: Allowing fancy or homing pigeons in accordance with subsection B4 of this section to exercise outside of a loft and/or aviary with the owner of the pigeons present on the property where the loft and/or aviary is situated to ensure that the pigeons do not roost on the property of other persons nor otherwise interfere with the enjoyment of other persons' property.

2. Confinement Of Pigeons: The keeping of fancy or homing pigeons within the limits of the city shall only be allowed if such pigeons are kept confined in an aviary and/or loft, which shall be subject to inspection by the city for compliance with requirements set forth in subsection B5 of this section, and, if such pigeons are only allowed outside for the purposes set forth in subsection B3 of this section.

3. Outside Flight Allowed: Fancy or homing pigeons may be permitted to fly outside the loft or aviary for the purpose of supervised exercise to achieve and maintain the muscular condition necessary for shows or races in which the pigeons participate with homing pigeons further being allowed to fly outside the loft or aviary when returning to the loft from a supervised race or training flight.

4. Outside Flight Regulations: No one may fly fancy or homing pigeons within the limits of the city except in accordance with the following regulations:

a. Fancy or homing pigeons shall not be released or exercised on any day in which prior to release or exercise the pigeons have been fed.

b. No more than twenty (20) fancy or homing pigeons shall be flown in any one day by any owner except that young pigeons in numbers greater than twenty (20) may be flown providing they do not fly outside the boundaries of the owner's yard.

c. No fancy or homing pigeons shall be permitted by their owner to land, set, light, or gather on the property of another, be it public or private property.

d. All fancy or homing pigeons flown shall be banded with a brightly colored plastic or metal band with all pigeons flown together having the same color band.

e. The owner of any fancy or homing pigeons flown shall be responsible for maintaining a log book which shall be available and open for inspection by the city on the pigeons flown containing the following information:

Pigeon band number
Pigeon plastic band color
Date and time out or released
Date and time birds returned
Type of domestic pigeon

5. Loft Requirements: No loft shall be allowed to be used to house or keep fancy or homing pigeons which does not meet the following requirements:

a. The complete exterior of the loft shall be painted and have a clean appearance. The exterior of the loft shall be disinfected at least two (2) times each year.

b. The exterior grounds surrounding the loft shall be maintained and have a clean appearance, free of papers, droppings, feathers, straw, boxes, and other nonusable materials.

c. The interior of the loft shall be maintained in a clean, sanitary, and wholesome manner at all times free from any filth, garbage, waste, nonusable articles, and/or other debris and shall be subject to periodic inspection by authorized city personnel.

d. A metal container with a metal cover shall be provided for each loft for the disposal of the above referenced garbage, waste, nonusable articles or other debris with the container to be regularly emptied and cleaned.

e. Any pigeon with a noncurable health condition shall be removed as soon as possible from the loft within a limited amount of time for study and research and/or treatment of pigeon's condition.

f. Training baskets, breeding cages, medical treatment cages, and any like or similar cage or enclosure within the loft shall be cleaned no less than three (3) times a year with an acceptable chemical spray or compound to maintain such baskets, cages, or enclosure in a safe and sanitary condition.

g. No loft for housing or keeping fancy or homing pigeons shall be maintained or operated or be permitted to exist within a distance of twenty five feet (25') from any building or structure or any accessory building or accessory structure thereto used for residential, commercial, or public purposes.

h. No loft shall be located in any structure not constructed in accordance with the zoning and building codes of the city.

i. No loft shall be kept in a condition contrary to the health or nuisance codes of the city.


C. Keeping Of Wild Or Exotic Animals Prohibited:

1. Definitions: For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:

ANIMAL: Shall include any live vertebrate creature, domestic or wild, not to include birds.

PET: Any animal kept for pleasure rather than utility.

WILD OR EXOTIC ANIMAL: Any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm blooded animal, poisonous snake or tarantula which can normally be found in the wild state or any other member of crocodilian, including, but not limited to, alligators, crocodiles, caimans, and gavials, and including such other animal that cannot be effectively inoculated for rabies. Ferrets, nonpoisonous snakes, rabbits, and laboratory rats which have been bred in captivity and which have never known the wild shall be excluded from this definition. (Ord. 2005-1, 2-22-2005)

2. Display Or Exhibition: It shall be unlawful to keep within the city of Moorhead any wild or exotic animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, schools or colleges, or veterinary clinics, which are properly licensed by the federal government or state. (Ord. 2008-23, 11-24-2008)

3. Keeping As A Pet: No person shall keep or permit to be kept any wild or exotic animal as a pet.

4. Notice Required At A Place Of Sale: Any person who offers for sale a "wild or exotic animal" as defined by subsection C1 of this section shall post conspicuously at the place of sale or display the following notice:

    No person may lawfully keep or permit to be kept in the City of Moorhead any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous snake or tarantula, crocodile or alligator, which can normally be found in the wild state or any other member of the crocodilian, including, but not limited to, alligators, crocodiles, caimans and gavials and including such other animal that cannot be effectively inoculated for rabies.

5. Notice Of Keeping: Upon the written complaint of any person that a person owns or is keeping or harboring a wild or exotic animal in violation of this section in the city, the police department or their authorized designee shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such animal in the city, they shall forthwith send written notice to the person requiring such person to safely remove the animal from the city within five (5) days of the date of the notice. Notice as herein provided shall not be required where such animal has previously caused serious physical harm or death to any person or has escaped and is at large, in which case the police department shall cause the animal to be immediately seized and impounded, according to the provisions of subsection C6 of this section, or killed if seizure and impoundment are not possible without risk or serious physical harm or death to any person.

6. Seizure And Impounding: The police department or their authorized designee shall forthwith cause to be seized and impounded any wild or exotic animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to subsection C5 of this section. Upon a seizure and impoundment, the animal shall be delivered to a place of confinement, which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.

If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the police department may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then the animal may be killed.

7. Enforcement: The provisions of this subsection C shall be enforced by the police department or the Minnesota department of natural resources, the animal damage control department of the United States department of agriculture, or any other person duly designated by the Moorhead chief of police.

8. Delayed Enforcement: Any person who has a wild or exotic animal in possession at the time of the effective date of this subsection C in contravention of this section, shall have thirty (30) days to dispose of the animal(s) by removal of the animal(s) from the city or by giving or selling the animal(s) to a zoological park or other entity exempt from this subsection C. (Ord. 2005-1, 2-22-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470093
3-7-11: LAW ENFORCEMENT DOGS AND ANIMALS:linklink


A. Any person who assaults, hinders, harasses, teases, tortures, poisons, throws, shoots missiles at or harms any animal, dog or K-9 owned by or used by any local, county, state, or federal government body is guilty of a misdemeanor. It is not necessary that the animal be on duty at the time the action is taken, nor is it necessary that the person responsible for the action know that the animal is owned or used by a governmental entity in order for that person to be found guilty of a violation of this section. A violation of this section shall be punishable by imprisonment of not more than ninety (90) days and/or a fine of not more than seven hundred dollars ($700.00) and such restitution to the owner of the animal for harm caused as the court may order.


B. Any animal, police dog or K-9 used for law enforcement purposes, owned or used by any local, county, state or federal government body shall be exempt from any local laws pertaining to dogs, pets or animals within the city limits so long as the animals' vaccinations are kept up to date. (Ord. 2005-1, 2-22-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470094
3-7-12: PENALTIES:linklink

Any person violating any provision of this chapter may be charged with a criminal offense, and if convicted be penalized in accordance with the provisions of section 1-4-2 of this code, or alternatively may be charged with an administrative violation pursuant to section 1-4-4 of this code. (Ord. 2005-1, 2-22-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470095
3-7-13: POTENTIALLY DANGEROUS AND DANGEROUS DOGS:linklink


A. Designation:

1. Any dog inside the Moorhead city limits may be designated as a potentially dangerous dog if the dog:

a. When unprovoked, inflicted bites on a human or domestic animal on public or private property;

b. 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

c. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

2. Any dog within the Moorhead city limits may be designated as a dangerous dog if the dog has:

a. Without provocation, inflicted substantial bodily harm on a human being on public or private property;

b. Killed a domestic animal without provocation while off the owner's property; or

c. Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.


B. Procedure For Designating A Dog As Potentially Dangerous Or Dangerous:

1. A Moorhead police department sergeant, or officer of higher rank, shall have the authority to designate a dog as potentially dangerous or dangerous as defined in subsection A of this section.

2. When a dog is designated to be potentially dangerous or dangerous, the owner shall be notified in writing of such designation.

3. This designation may be appealed to the hearing officer appointed pursuant to section 1-4-5 of this code, in writing within ten (10) days of the owner and/or caretaker of the dog receiving notice of the designation. Upon receipt of a written appeal, the hearing officer shall set an appeal hearing date within five (5) days. The appeal shall be held before the hearing officer, the chief of police or his designee, and a local dog trainer/behaviorist.

4. Any dog deemed dangerous or potentially dangerous by another jurisdiction and subsequently brought into the city shall be deemed a dangerous or potentially dangerous dog and abide by the provisions of this chapter to notify the police department and meet the registration requirements.


C. Registration Requirements: No potentially dangerous dog or dangerous dog shall be kept in the city of Moorhead unless the owner, at his or her own cost, has implanted a microchip in the dog, containing the owner's address and home telephone number, work telephone number, and cellphone number, if applicable, and a backup contact name and telephone number and chip identification number and has completed an application to register the dog as a potentially dangerous or a dangerous dog and submitted said application to the Moorhead city police department. In addition, the owner shall be required to post a sign, satisfactory to the police department, at owner's residence notifying the public of the presence of a dangerous or potentially dangerous dog.


D. Application Contents:

1. The application to register the dog as potentially dangerous shall include the following:

a. The owner's address and home, work and cellphone telephone number and the implanted microchip identification number, as well as a backup contact person and number;

b. Proof of continuing liability insurance in a single incident amount of three hundred thousand dollars ($300,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons, which may result from the ownership, keeping, or maintenance of dogs designated as potentially dangerous or dangerous;

c. Proof that said dog has been sterilized and has current vaccinations; and

d. A yearly registration fee as established by the city's fee schedule.

2. The application to register the dog as a dangerous dog shall include the following:

a. The owner's address and home, work and cellphone telephone number and the implanted microchip identification number, as well as a backup contact person and number;

b. Proof of continuing liability insurance in a single incident amount of three hundred thousand dollars ($300,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping, or maintenance of dogs designated as potentially dangerous or dangerous;

c. Proof that said dog has been sterilized and has current vaccinations; and

d. A yearly registration fee as established by the city's fee schedule.


E. Yearly Registration Requirement: All dogs designated as potentially dangerous dogs or dangerous dogs shall file a new application each year with an accompanying registration fee.


F. Additional Requirements For Dangerous Dogs: In addition to filing a yearly application to register a dangerous dog and paying the accompanying yearly registration fee as established by the city's fee schedule, the owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside an enclosure, the dog must be securely muzzled and restrained by a chain or leash and under the physical restraint of a competent adult. The owner of a dangerous dog shall also comply with the requirements of Minnesota statutes 347.52 including the statute's sterilization requirements.


G. Potentially Dangerous And Dangerous Dogs Brought Into The City: Any dog designated as potentially dangerous or dangerous by another jurisdiction must be registered within twenty four (24) hours of being brought into the city limits of the city of Moorhead. Such registration shall be with the Moorhead police department. A dog declared potentially dangerous by another jurisdiction may be brought into the city limits of Moorhead for up to a fourteen (14) day period after notifying the Moorhead police department of: the dog's breed, location where the animal will be kept, microchip number, owner contact information, and length of stay.


H. Penalties:

1. It shall be a misdemeanor offense to:

a. Be an owner, or be in possession of a potentially dangerous dog in violation of the registration requirements set forth in this section;

b. Allow a dangerous dog to "run at large". A dog designated as potentially dangerous must be leashed and be under the control of a competent adult at all times when off the owner's property.

2. Dogs in violation of registration requirements will be impounded immediately by the police department and held until brought into compliance if found running at large, or if in custody on a rabies hold. If a dog is not brought into compliance within fourteen (14) days of notification by the Moorhead police department of its designation as a potentially dangerous dog, the dog will be impounded and held until brought into compliance with this section. If not brought into compliance within five (5) working days after impoundment, the dog may be euthanized. The owner of said dog is responsible for boarding and expenses associated with this process.

3. No person may own a dog in the city of Moorhead if the person has been convicted of a third or a subsequent violation of this section. If any member of a household is prohibited from owning a dog pursuant to this section, unless specifically approved with or without restrictions by the Moorhead police department, no person in the household is permitted to own a dog. (Ord. 2015-19, 10-12-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=530&chapter_id=31046#s470096