NORTHERN TOWNSHIP
ORDINANCE FOR THE REGULATION OF
DOGS AND CATS
ARTICLE I
GENERAL PROVISIONS
Section 1.1. Title.
This ordinance shall be known as the "Northern Township Dog and Cat
Ordinance" and shall be referred to herein as this "Ordinance."
Section 1.2. Authority.
This Ordinance is adopted pursuant to the Town Board's authority under
Minnesota Statute §368.01, subd. 13; Minnesota Statutes, Chapters 346
and 347; and such other authority as may apply.
Section 1.3. Definitions and Interpretation.
Subd. 1. Definitions. The following words, terms, and phrases, when
used in this Ordinance, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning.
Any term not defined in this section shall have the meaning given the term
in Minnesota Statutes, Chapters 346 and 347, to the extent defined therein.
(a) Abandoned. "Abandoned" means to leave a dog or cat at large
within the Town without intending to return to or recover it. It shall also
mean to purposefully leave a dog or cat in the possession of the Animal
Control Officer, kennels, or impound facility.
(b) Animal Control Officer. "Animal Control Officer" means the
person appointed by the Bemidji Rural Animal Control Organization (BRACO)
to provide animal control operations within the Town. The Animal Control
Officer's primary function involves enforcement of this Ordinance. The
Animal Control Officer shall also be construed to include any licensed law
enforcement officer.
(c) At Large. "At Large" means off the premises of the owner and not
under the physical control (by leash or by voice) of the owner, a member of
the owner's immediate family, or a person designated by the owner.
(d) Cat. "Cat" means a small domesticated carnivorous mammal with
soft fur, a short snout, and retractable claws. It is widely kept as a pet
or for catching mice and rats. The term does not include any type of lion,
tiger, or similar type of wild animal.
(e) Citation. "Citation" means the citation form that is documented
within Minnesota Statute 169.99.
(f) Dog. "Dog" means a domesticated member of the Canidae family
(Canis lupus familiaris) born, raised, and kept as a pet. The term does not
include any type of fox, wolf, or similar type of wild animal.
(g) Impound Facility. "Impound Facility" means the veterinary
facility under contract with BRACO for performing the provisions within
this Ordinance designated for impoundment and providing other veterinarian
services.
(h) Owner. For the purpose of this section, "owner" means any person
who owns, harbors, feeds boards or keeps an animal hereby regulated. The
word "animal" in this ordinance refers only to dogs and cats.
(i) Town. "Town" means Northern Township, Beltrami County,
Minnesota.
(j) Town Board. "Town Board" means the Board of Supervisors of the
Town.
Subd. 2. Interpretation. Every provision of this Ordinance shall be
construed, if possible, to give effect to all its provisions and consistent
with at least the minimum requirements imposed by any applicable law. This
Ordinance imposes requirements that are stricter than those required by
state law. Any references to state statutes or rules shall include any
amendments made thereto and any successor statutes or rules. Such statutes
and rules are incorporated herein to the extent necessary to give effect to
the provisions of this Ordinance.
Section 1.4. Animal Control Authority
. The Town is the animal control authority for the purposes of Minnesota
Statutes §347.50 to §347.56 and is the agency responsible for
animal control operations within the Town as provided in this Ordinance.
Section 1.5. Animal Control Officer
. The Animal Control Officer shall have police powers necessary for
enforcement of this Ordinance, including authority to issue citations for
violations.
Section 1.6. Animal Identification.
An owner or custodian of an animal shall have the animal identified by a
current rabies registration tag or by owner's name and address tag affixed
to the collar and the collar shall be worn by the animal at all times.
Section 1.7. Injured, At Large, or Abandoned Animals.
Unidentified injured, at large, or abandoned animal impounded by the Animal
Control Officer may be euthanized and disposed of upon examination by a
licensed veterinarian.
Section 1.8. Notice of Impounding.
Upon impounding of any animal, the owner shall be notified or if the owner
is unknown, written notice shall be posted for five (5) days at the
impounding facility or other places to be designated, describing the animal
and the place and time of impounding.
Section 1.9. Release from Impound Facility.
Animals shall be released from the impound facility upon payment
of all fees, impounding or otherwise, incurred for the period for which the
animal was impounded, to include a mandatory current rabies vaccination.
Section 1.10. Constitutionality
. If any portion of this Ordinance is for any reason held invalid or
unconstitutional, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of
the remaining portions thereof.
ARTICLE II
RABIES CONTROL
Section 2.1. Rabies Inoculation of Dogs and Cats
. All animals in the Town over the age of six months shall be inoculated
for rabies and shall be re‑inoculated according to standard
veterinary practices thereafter. Such vaccination must be performed by or
under the direct supervision of a veterinarian duly licensed to practice
veterinary medicine in the state in which the vaccine is administered. A
certificate from the veterinarian inoculating said animal shall be
presented to the Animal Control Officer upon demand.
Section 2.2. Animal Bites and Animals Exposed to Rabies
.
Subd. 1. Enter Property. Any Animal Control Officer may enter upon
the private property of any person while in pursuit of any animal under
probable cause to believe that such animal has bitten a person or animal.
Subd. 2. Quarantine Required. Whenever any person who owns,
possesses, or harbors any animal within the Town learns that the animal has
bitten any human being, such person shall immediately quarantine such
animal for a period of at least ten (10) days. The animal must be impounded
at a licensed pound or with a licensed veterinarian at the owner's expense.
After the required ten‑day quarantine, the animal shall be examined
by a licensed veterinarian to ensure that there are no clinical signs of
rabies. If the animal is found to be rabid, it shall be humanely euthanized
at the owner's expense.
Subd. 3. Impoundment. If the animal owner cannot be located or
advised of the animal bite, or if the owner fails to quarantine the animal
as required by this Ordinance, the Animal Control Officer shall cause the
animal to be impounded and so quarantined at the owner's expense. After the
required ten‑day quarantine, if the animal is still unclaimed, the
animal shall be humanely euthanized and tested for rabies. If the animal is
claimed by the owner, it shall be examined by a licensed veterinarian at
the owner's expense to ensure there are no clinical signs of rabies. If no
signs of rabies are observed, the animal can be released to the owner as
provided in this Ordinance after payment by the owner of such impoundment
and examination costs. If the animal is found to be rabid, it shall be
humanely euthanized at the owner's expense.
ARTICLE III
PROHIBITIONS AND REQUIREMENTS
Section 3.1. Abandonment Prohibited
. No person shall abandon any animal within the Town.
Section 3.2. Prohibited Nuisances
. The following are hereby declared public nuisances, are prohibited by
this Ordinance, and are unlawful:
Subd. 1. Running at Large Prohibited. No person shall allow an
animal to run at large at any time. The Animal Control Officer may impound
any animal found running at large.
Subd. 2. Property Damage. Any animal that damages property (that is
not the property of the owner), including plantings, lawns, or structures,
or that deposits fecal matter off the owner's property that the owner fails
to remove promptly.
Subd. 3. Dogs Chasing. Any animal that, without provocation, chases,
molests, or approaches pedestrians or bicyclists in a threatening manner
upon the streets, sidewalks, right‑of‑way, or any public
property, or habitually chases automobiles on the public streets or
highways.
Subd. 4. Kills or Attacks. Any animal that kills or attacks another
domestic animal or livestock without provocation while off the owner's
property.
Subd. 5. Disturb the Peace. The owning, keeping, or harboring of any
animal, which shall by any noise, unreasonably or excessively disturb the
peace and quiet of any person in the vicinity. The phrase "unreasonably or
excessively disturb the peace and quiet" shall include, but is not limited
to, the creation of any noise by an animal which can be heard by any
person, including an Animal Control Officer or law enforcement officer,
from a location off the animal owner's property where the animal is being
kept, and which noise occurs repeatedly over at least a 15‑minute
period of time with one minute or less lapse of time between each animal
noise during the 15‑minute period. This provision shall not apply to
animal that are responding to trespassers or to animals that are teased or
similarly provoked to bark.
Section 3.3. Interference with Enforcement
. No unauthorized person shall take or attempt to take from any Animal
Control Officer any animal taken up by him or her in compliance with this
Ordinance or any applicable statute, or in any manner to interfere with or
hinder such Animal Control Officer, or designated liaison, in the discharge
of his or her duties
ARTICLE IV
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Section 4.1. Potentially Dangerous Dogs.
Subd. 1. Designation as a Potentially Dangerous Dog.
(a) Designation. The Town will designate any dog as a "potentially
dangerous" dog upon receipt of sufficient evidence that such dog:
(1) When unprovoked, inflicted bites on a human or domestic animal on
public or private property;
(2) When unprovoked, chased or approached 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.
(b) Notification. If a dog is declared "potentially dangerous," the
Town must cause the owner of the potentially dangerous dog to be notified
in writing that such dog has been declared potentially dangerous. The
notice must be provided in accordance with the notice requirements set
forth in Minnesota Statutes §347.541, subd. 3.
(c) Exemptions. Dogs may not be declared "potentially dangerous" if
the threat, injury or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass or other tort upon
the premises occupied by the owner of the dog;
(2) Who was provoking, tormenting, abusing, or assaulting the dog or who
can be shown to have repeatedly, in the past, provoked, tormented, abused,
or assaulted the dog; or
(3) Who was committing or attempting to commit a crime.
Subd. 2. Designation Review. Beginning six months after a dog is
declared potentially dangerous by the Town an owner may request annually
that the Township Board or the BRACO board, if it has been authorized by
the township board, review the designation. The owner must provide evidence
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. If the Town finds sufficient
evidence that the dog's behavior has changed, it may rescind the
potentially dangerous dog designation.
Subd. 3. Microchip Identification. The owner of a potentially
dangerous dog must have a microchip implanted in the dog for
identification, and the name of the microchip manufacturer and
identification number of the microchip must be provided to the Town. If the
microchip is not implanted by the owner, it may be implanted by the Town.
In either case, all costs related to purchase and implantation of the
microchip must be borne by the dog's owner.
Subd. 4. Renew Registration. An owner of a potentially dangerous dog
must renew the registration of the dog annually with the Town until the dog
is deceased. If the dog is removed from the Town, it must be registered as
a potentially dangerous dog in its new location.
Section 4.2. Dangerous Dogs.
Subd. 1. Designation as a Dangerous Dog.
(a) Designation. The Town, with input from the Animal
Control Officer, will designate any dog as "dangerous" upon receiving
sufficient evidence that such dog has:
(1) Without provocation, inflicted substantial bodily harm on a human being
on public or private property;
(2) Killed a domestic animal without provocation while off the owner's
property;
(3) Has 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) Notification. If a dog is declared dangerous, the Town must
cause the owner of the dangerous dog to be notified in writing that such
dog has been declared dangerous. The notice must be provided in accordance
with the requirements set forth in Minnesota Statutes §347.541, subd.
3. The notice shall inform the owner of his or her right to request a
hearing regarding the dangerous dog designation.
(c) Exemptions. Dogs may not be declared dangerous if the threat,
injury or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass or other tort upon
the premises occupied by the owner of the dog;
(2) Who was provoking, tormenting, abusing, or assaulting the dog or who
can be shown to have repeatedly, in the past, provoked, tormented, abused,
or assaulted the dog; or
(3) Who was committing or attempting to commit a crime.
Subd. 2. Hearing Regarding Designation.
(a) Right to Request. The owner of any dog declared by the Town to
be "dangerous" has the right to a hearing by an impartial hearing officer
or panel concerning the "dangerous" declaration. The hearing must be
requested by the owner in writing within fourteen (14) days of the date of
the notice. The Town shall designate the hearing officer or panel to hear
an appeal.
(b) Notice of Hearing. Upon an owner's timely request for a hearing,
the Town shall schedule a hearing to be held within fourteen (14) days of
the date of the request.
(c) Hearing Officer or Panel. The hearing officer shall conduct the
hearing, at which the owner shall be provided an opportunity to present
evidence regarding the designation, and shall decide whether to uphold or
overturn the dangerous dog designation. In the event that the dangerous dog
declaration is upheld by the hearing officer or panel, actual expenses of
the hearing up to a maximum of $1,000.00 shall be the responsibility of the
dog's owner. The hearing officer shall issue a decision on the matter
within ten (10) days of the date of the hearing. The Town shall deliver the
decision to the dog's owner by hand delivery or registered mail as soon as
practical and a copy must be provided to the Animal Control Officer.
Subd. 3. Requirements Upon Designation as Dangerous.
(a) Registration. If a dog is declared "dangerous," it must be
registered with the Town. A certificate of registration will be issued by
the Town to the owner of a dangerous dog if the owner presents sufficient
evidence that:
(1) A proper enclosure exists for the dangerous dog and a posting on the
premises with a clearly visible warning sign, including a warning symbol to
inform children, that there is a dangerous dog on the property;
(2) A surety bond issued by a surety company authorized to conduct business
in this state in a form acceptable to the Town in the sum of at least
$300,000.00, payable to any person injured by the dangerous dog, or a
policy of liability insurance issued by an insurance company authorized to
conduct business in this state in the amount of at least $300,000.00,
insuring the owner for any personal injuries inflicted by the dangerous
dog;
(3) The owner has paid the Town an annual fee of $500.00 to obtain a
certificate of registration for a dangerous dog under this subdivision; and
(4) The owner has had microchip identification implanted into the dangerous
dog as required under Minnesota Statutes §347.515.
(b) Post Warning Symbol. Upon issuing the certificate of
registration, the Town will also provide, for posting on the owner's
property, a warning symbol from the Minnesota Department of Public Safety
to inform children that there is a dangerous dog on the property. The owner
shall be responsible for paying the Town for the costs of obtaining the
warning symbol from the Department of Public Safety.
(c) Additional Requirements for Dangerous Dogs.
(1) Dog Restraint. An owner of a dangerous dog shall keep the dog,
while on the owner's property, in a proper enclosure. If the dog is outside
the proper enclosure, the dog must be muzzled and restrained by a
substantial chain or leash and under the physical restraint of a
responsible person. 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.
(2) Renew Registration. An owner of a dangerous dog must renew the
registration of the dog annually with the Town until the dog is deceased.
(3) Notice of Relocation. An owner of a dangerous dog must notify
the Town in writing of the death of the dog or its transfer to a new
location outside of the BRACO jurisdiction within thirty (30) days
of the death or transfer, and must, if requested by the Town, execute an
affidavit under oath setting forth either the circumstances of the dog's
death and disposition or the complete name, address, and telephone number
of the person to whom the dog has been transferred. If the dog is removed
from the BRACO jurisdiction, it must be registered as a dangerous
dog in its new location.
(4) Sterilization. A dangerous dog shall be sterilized at
the owner's expense. If the owner does not have the animal sterilized
within thirty (30) days of notification by the Town, the Town shall seize
the dog and have the animal sterilized at the owner's expense.
(5) Disclosure. A person who owns a dangerous dog and who rents
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 that the person owns a dangerous dog that will reside at the
property.
(6) Notice of Transfer. A person who transfers ownership of a
dangerous dog must notify the new owner that the Town has
identified the dog as dangerous. The current owner must also notify the
Town in writing of the transfer of ownership and provide the Town with the
new owner's name, address, and telephone number.
(d) Identification.
(1) Microchip Identification. The owner of a dangerous dog must have
a microchip implanted in the dog for identification, and the name of the
microchip manufacturer and identification number of the microchip must be
provided to the Town. If the microchip is not implanted by the owner, it
shall be implanted by the Town. In either case, all costs related to
purchase and implantation of the microchip must be borne by the dog's
owner.
(2) Tag. A dangerous dog must have a standardized, easily
identifiable tag identifying the dog as dangerous and containing the
uniform dangerous dog symbol affixed to the dog's collar at all times as
specified in Minnesota Statutes §347.51.
(e) Seizure.
(1) By Town. The Town must immediately seize any dog that has been
declared dangerous if:
a. Not Registered. After fourteen (14) days after the owner has
notice that the dog is dangerous, the dog is not validly registered as
dangerous pursuant to this Ordinance;
b. No Insurance or Surety. After fourteen (14) days after the owner
has notice that the dog is dangerous, the owner does not secure the proper
liability insurance or surety coverage as required by this Ordinance and
Minnesota Statutes §347.51, subd. 2;
c. Not Enclosed. The dog is not maintained in the proper enclosure;
d. Not Restrained. The dog is outside the proper enclosure and not
under physical restraint of a responsible person as required under this
Ordinance and Minnesota Statutes §347.52; or
e. Not Sterilized. The dog is not sterilized within thirty (30)
days, pursuant to this Ordinance and Minnesota Statutes §347.52 (d).
(2) By Court. If an owner of a dog is convicted of a crime for which
the dog was originally seized, the Court may order that the dog be
confiscated and destroyed in a proper and humane manner, and that the owner
pay the costs incurred in confiscating, confining, and destroying the dog.
(3) Appeal. Seizure may be appealed by the dog's owner to the
District Court by serving a summons and complaint upon the Town and filing
it with the District Court.
(f) Reclaiming Dogs. A dangerous dog seized under this Ordinance may
be reclaimed by the owner of the dog upon payment of impounding and
boarding fees, and presenting proof to the Animal Control Officer that each
of the requirements under this Ordinance and Minnesota Statutes
§347.51 and §347.52 will be fulfilled. A dog not reclaimed under
this subdivision within seven (7) days may be disposed of by the Town, and
the owner is liable to the Town for costs incurred in confining and
disposing of the dog.
(g) Subsequent Offenses. If a person has been convicted of a
misdemeanor for violating a provision of Minnesota Statutes §347.51,
§347.515, or §347.52, and the person is charged with a subsequent
violation relating to the same dog, the dog must be seized by the Town. If
the owner is convicted of the crime for which the dog was seized, the Court
shall order that the dog be destroyed in a proper and humane manner and the
owner pay the cost of confining and destroying the animal. 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 shall be disposed of by the Town.
(h) Dangerous Dog Designation Review. Beginning six months after a
dog is declared dangerous by the Town an owner may request annually that
the Town review the designation. The owner must provide evidence 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. If the Town finds sufficient evidence that the
dog's behavior has changed, it may rescind the dangerous dog designation.
Section 4.3. Dog Attacks Regardless of Designation or Lack of Designation.
(a) Destruction of Dog in Certain Circumstances. A dog shall be
destroyed in a proper and humane manner by the Town if the dog:
(1) Inflicted substantial or great bodily harm on a human on public or
private property without provocation;
(2) Inflicted multiple bites on a human or public or private property
without provocation;
(3) Bit multiple human victims on public or private property in the same
attack without provocation; or
(4) Bit a human on public or private property without provocation in an
attack where more than one dog participated in the attack.
(b) Right to a Hearing. The Town may not destroy the dog until the
owner has had the opportunity for a hearing before the hearing officer
designated by the township board or BRACO.
(c) Exemptions. The exemptions provided in Minnesota Statutes
§347.51, subd. 5, apply to this section.
(d) Failure to Restrain. It is unlawful for an owner to fail to
restrain a dog from inflicting or attempting to inflict bodily injury to
any person or other animal regardless of whether the owner of the other
animal is present. This paragraph does not apply to dogs being used by law
enforcement for police work.
(e) Conditioning Equipment. No person shall use or possess any
device, equipment, treatment or products for the strengthening or
conditioning of a dog with the intent to enhance the dog's ability to
inflict bodily injury upon humans or other animals on public or private
property. This prohibition shall not apply to equipment used to train a dog
for recreational hunting assistance. Recreational hunting training
assistance equipment shall include but not be limited to soft hold training
and decoy retrieval apparatuses.
ARTICLE V
IMPOUNDING
Section 5.1. Impounding and Boarding Fees.
Subd. 1. Impounding. Any animal found running at large within the
town either with or without identification may be placed in the designated
impound facility and an accurate record of the time of such placement shall
be kept on each animal. A citation shall be written for a second impound
offence. Every animal so placed in the impound facility shall be held for
redemption by the owner for a period of not less than five (5) regular
business days. A "regular business day" is one during which the impound
facility is open for business to the public for at least four (4) hours
between 8:00 a.m. and 7:00 p.m. Impoundment records shall be preserved for
a minimum of six (6) months and shall show:
(a) Description of the animal by species, breed, sex, approximate age, and
any other distinguishing traits;
(b) The location at which the animal was seized;
(c) The date of seizure;
(d) The name and address of the person from whom any animal was received;
and
(e) The name and address of the person to whom any animal was transferred.
If unclaimed, such animal shall be humanely destroyed and the carcass
disposed of, pursuant to Minnesota Statute, Section 35.71., or the animal
may be adopted according to the same adoption practice of the local humane
society, after the expiration of the five (5) day period.
Subd. 2. Destruction. Destruction of an animal shall not eliminate
the liability of the owner for impounding fees incurred by the town and
such fees are recoverable by the town in a civil cause of action.
Subd. 3. Setting Fees. The BRACO Board shall set all fees and
present to their town board for uniformity of all entities for the
care and boarding of any animal restrained or impounded and any and all
such fees so imposed shall be paid to the impound facility at the time of
delivery or reclaiming the animal. The Town Board shall annually review all
fees so imposed to determine their reasonableness, and may, by resolution,
impose such additional fees reasonably related to the necessary and
reasonable expenses incurred by the Town for the capture, transportation,
and care of impounded animals. All such fees shall be paid to the
impound facility prior to release of the animal.
ARTICLE VI
ENFORCEMENT AND PENALTIES
Section 6.1. Enforcement
. The Northern Town Board, and its duly authorized agent, such as the
Animal Control Officer, has the authority to enforce the provisions of this
ordinance by long form complaint or by citation or other procedures
specifically listed herein.
Section 6.2. Collection of Costs.
Subd. 1. Certification. All amounts required to be paid to the Town
under this Ordinance shall constitute a service charge collectable pursuant
to Minnesota Statutes §366.012 or any other law available to the Town.
The Town may collect any unpaid service charge arising from this Ordinance
by certifying the amount to the auditor of any county in Minnesota in which
the recipient of the service owns real property pursuant to Minnesota
Statutes §366.012 or any other authority available to it under law. If
the Town elects to collect the service charge pursuant to Minnesota
Statutes §366.012, on or before September 15, the Town shall provide
the owner written notice of its intent to certify the unpaid service charge
amount for collection together with the taxes levied on the owner's
property. The Town shall then certify the amount to the county auditor on
or before October 15. The amount certified shall be subject to the same
penalties, interest, and other conditions provided for the collection of
property taxes. Any charge that accrues later in the year such that the
required notice and certification cannot be completed by the applicable
deadlines, the Town shall provide notice and certify the amount for the
following property tax collection cycle.
Section 6.3. Penalties.
Subd. 1. General. Any person, firm, or corporation violating any of
the provisions of this Ordinance shall be guilty of a misdemeanor which is
punishable by a fine of up to $1,000.00 or ninety (90) days in jail. Penalties shall be established by resolution of the Town Board
of Supervisors annually, after a recommendation from the BRACO Board. The
following violations shall constitute a petty misdemeanor which carries a
maximum penalty of a $300 fine.
1) Citation.
2) Dangerous or potentially dangerous dog.
3) Nuisance animal. Animals that are declared public nuisances pursuant to
Section 3.2 of this Ordinance are a petty misdemeanor.
4) Dog running at large.
5) Failure to obtain rabies tag or owner's identification tag.
6) Any repeat offences within the same category and within twelve (12)
consecutive months shall constitute a misdemeanor which carries a maximum
penalty of $1,000.00 or 90 days in jail.
7) An repeat offenses of three (3) or more times in any one category within
a period of twelve (12) consecutive months shall be guilty of a misdemeanor
and such offenses shall be abated by the owner of such animal within five
(5) days after the owner has been notified that the third offense has
occurred. Within this provision, abate means to have the animal permanently
removed from the township or destroyed. If within five (5) days after the
owner has received notice, the owner has failed to abate the problem of the
offending animal, the owner shall receive written notice by registered mail
from the township or its authorized agent that the Animal Control Officer
is authorized and directed to capture and destroy the animal at the owner's
expense.
Subd. 2.
Misdemeanors Relating to Potentially Dangerous Dogs and Dangerous Dogs
. It is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a dangerous dog, to
fail to account for a dangerous dog's death or change of location where the
dog will reside, to sign a false affidavit with respect to a dangerous
dog's death or change of location where the dog will reside, or to fail to
disclose ownership of a dangerous dog to a property owner from whom the
person rents property. It is also a misdemeanor to violate Minnesota
Statutes §347.51 (registration of dangerous dogs), §347.515
(dangerous dogs microchip identification requirements), or §347.52
(dangerous dog requirements). If a person is convicted of subsequent or
second violation of either of the aforementioned sentences, that person is
guilty of a gross misdemeanor. A person is also guilty of the gross
misdemeanor if that person violates Minnesota Statutes §347.542,
subds. 1 or 2 (restrictions on dog ownership).
This revised Ordinance shall be effective upon the first day after
adoption.