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HomeMy WebLinkAbout2019-04-26 OPH Ltr to Michelle Lorenz Forwarding Amended Home Occupation Permit City of Oak Park Heights Page 1 oft 14168 Oak Park Blvd.N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 April 26th,2019 Ms.Michelle Lorenz 14860 Upper 55th street Oak Park Heights,MN 55082 RE: Special Home Occupation Cats&Dog Breeding? Dear Michelle: Enclosed is your AMENDED SPECIAL HOME OCCUPATION Permit.Please post this in a conspicuous place in your garage area.This is for CATS ONLY. I did note that your MN Inspection report dated 4/20/19 indicated that you have 6 dogs(2 adults and 4 puppies)on the premises.Your current Kennel Permit is enclosed and only permits 3 dogs.Puppies are not required to be listed under Kennel Licensure that are under 16 weeks(4 Months)of age however we are in need of aware of what is going on at your home as it relates to dogs. If you desire to also be an active commercial breeder of dogs at your residential property, it is essential that we understand the scope and parameters of the operation as your site is already heavily used and impacted as a NON- RESIDENTIAL practice by Special Home Occupation Permit for which further restrictions could need to be implemented. Accordingly,you are requested by July 15th,2019 to remove from the premises any and all dogs that are not duly listed on your current and valid Kennel Permit and NOT engage in further"puppy breeding"(for lack on a better term),on this site until we can discuss what is actually occurring,what future expectations may be and all is duly reviewed and permitted. However,in short,I believe you will have to pick one—cats or dogs-as your'/,acre lot in a residentially zoned district cannot be primarily allocated for commercial animal breeding purposes. If a dog breeding enterprise is something you wish to also pursue pleas- -t me know and we can discuss it. Enclo -.is he e 'e"of the City's 69.1_Ordinance for your files. c.o .n City, nistrator C : Susan McClanahan,MN Board of Animal Health sue.l.mcclanahanastate.mn.us ■1 $ 100.00 No. 2019-001 • State of Minnesota ) City of Oak Park Heights County of Washington ) ss. Office of Administration 2019 AMENDED Home Occupation Permit IN CONSIDERATION OF the statements made by Michelle Marie Lorenz in her application therefore duly filed in this office, which application is hereby made a part hereof, PERMISSION IS Ira HEREBY GRANTED To said Michelle Marie Lorenz (Applicant)as owner of Stillwater Premier Bengals, a Bengal cat breeding business situated upon that tract of land with the physical address of 14860 Upper 55th St. N., Oak Park Heights, MN 55082. This permit is granted upon the express conditions that said owner and her contractors, agents, workers and employees, shall comply in all respects with the December 11, 2018 conditions of approval as noted below and ordinances of the City of Oak Park Heights. Conditions of Permit: 1. When requested by the City, the Applicant shall provide the City Administrator and/or Building Official unscheduled access to the home and garage areas for the purposes of an animal welfare check including access to all animal records. For the purposes of this condition, access must be granted within two hours of a request made by the City. Nothing in this condition • supersedes the City's ability to access the property if alternative legal methods are warranted and utilized. 2. The Applicant's State licensure shall remain in proper order and in-effect. 3. All cats and dogs kept at the property shall be duly licensed over the age of 6 months; no exceptions. 4. The Applicant shall maintain a medical /welfare file of any animal on the premises over 14 weeks old. Such data shall include status of medical examinations with signatures by a licensed veterinarian including but not limited to, proof of vaccinations and other records so as to reasonably ascertain health and wellness. 5. The Applicant shall comply with State Statute(s) associated with any animals kept on the property, including but not limited to MN STAT. 343.20, 343.21, 343.24, 343.27, 343.28 & 343.31 and 346.35; 346.36, 346.37 & 346.39 6. No more than three(3) male and twelve (12) female cats may be kept on the property. Litters of kittens under the age of 24 weeks are not included in this calculation. A HEPA air filtration system shall remain fully-operable and utilized at all times. t ■■ _ _., .. _ __ __ _ _ __ , __ _ _ _ _ __ _ __ __ _r:. NI 1* 7. No cats may be maintained outdoors or outside the primary home or its attached garage. All cats shall have reasonable time outside of their respective caged area to free roam within the garage area and not less than 2 hours per day to do so. t 8. Boarding, keeping or maintaining of other cats and dogs not specifically owned by the Applicant is prohibited. 9. All animal waste shall be maintained in fashion so that it does not create a noxious odor or visual impairment to the neighborhood. The Applicant shall additionally pay a $75.00 annual fee to the City to offset the estimated tonnage associated with cat litter disposal. 10. Should the Applicants move from the premises, yet decide to retain ownership of the home and rent out such space, this permit would be void. The Applicant must maintain the home as their primary domicile and occupy such home. 11 . The Applicant agrees that any enforcement action deemed necessary by the City under this permit shall be immediately complied with. Any enforcement action (including impoundment and/or boarding costs) initiated by the City under this permit shall be at the cost of the Applicant who shall reimburse the City therefore, including but not limited to the City's attorney's fees. Given under the hand of the City Administrator °oma f aid Cityof Oak Park Heights and its g corporate seal this 23rd day of April, 2019 �`' 41, , ,• zerEil", 4" ft cij Eric A. J,ohrison, City Administrator f' t '.. .••. L 1 IN --1- an I CITY OF OAK PARK HEIGHTS APPLICATION FOR KENNEL PERMIT Application Fee: $100.00 Return to: City Clerk P.O. Box 2007 Oak Park Heights,MN 55082 (651)439-4439 Applicant Name: AA t.1 Ci L. ren _ Address: ( i4 K2() p \ � st7 I I InSo. eMN r, SSogZ Phone Number: [ (9 —War, -a6-1"`7 Work: Pet Information: Spayed/ OPH Dog Name Gender Neutered? Color Breed Tag No. EN Cierti-e_ F Secud 1)J1kZ-1-€: (.. tru•WeCYLLE PC eXCe_. Ni Rv0 Bosfarl **Proof of rabies vaccination for each pet must be submitted with application Having made full payment of the application fee and submitted proof of rabies vaccination for each pet indicated above,I/we request a Kennel Permit be granted and agree to operate said kennel in accordance with the City of Oak Park Heights Domestic Animal Ordinance 601. Date: (GI 2-6/ 1 g Signature:LlitiaLdb it-2122 Approved X /Denied_this 'inlay of NIWA , 20l by the City Council of City of Oak Park Heights. Ma •r/ ir!"7 inistrator Cc: kt4doe11ia LOveviZ / PoLit_e be fit • Stillwater Veterinary Clinic 2020 Curve Crest Blvd.W. Stillwater,MN 55082 Ph(651)439-3200 Date:6/20/2018 Client: Michelle Lorenz Pet: Pierce Address: 14860 Upper 55th St.N. Species: Canine City,State: Stillwater,MN Breed: Terrier,Boston Zip Code: 55082 Sex: Male red and white Phone: (763)486-8677 Age: 6 Mos.1 Wks.5 Days Microchip Weight: 13.18 RABIES CERTIFICATE RABIES VACCINATION Defensor 3 Zoetis 236507B DATE VACCINATED 6/19/2018 VACCINATION EXPIRATION 6/19/2019 RABIES TAG NUMBER 3663 THIS IS TO CERTIFY that the above described animal has been vaccinated against Rabies,with a killed virus vaccine. Chris Eaton,DVM Stillwater Veterinary Clinic 2020 Curve Crest Blvd. W. Stillwater, MN 55082 Ph (651) 439-3200 Date:6/20/2018 Client: Michelle Lorenz Pet: Roo Address: 14860 Upper 55th St.N. Species: Canine City, State: Stillwater,MN Breed: Terrier,Boston Zip Code: 55082 Sex: Female black/white Phone: (763)486-8677 Age: 7 Mos.0 Wks.0 Days Microchip Weight: 15.24 RABIES CERTIFICATE RABIES VACCINATION Defensor 3 Zoetis 236507B DATE VACCINATED 6/19/2018 VACCINATION EXPIRATION 6/19/2019 RABIES TAG NUMBER 3662 THIS IS TO CERTIFY that the above described animal has been vaccinated against Rabies, with a killed virus vaccine. Chris Eaton, DVM • Stiiwater Veterinary Clinic 2020 Curve Crest Blvd. W. Stillwater, MN 55082 Ph (651) 439-3200 Date:6/20/2018 Client: Michelle Lorenz Pet: Genie Address: 14860 Upper 55th St. N. Species: Canine City, State: Stillwater, MN Breed: Chihuahua Mix Zip Code: 55082 Sex: Spayed Female black Phone: (763) 486-8677 Age: 3 Yrs. 0 Mos. Microchip Weight: 11.76 RABIES CERTIFICATE RABIES VACCINATION Defensor 3 Zoetis 236507B DATE VACCINATED 6/19/2018 VACCINATION EXPIRATION 6/19/2019 RABIES TAG NUMBER 3661 THIS IS TO CERTIFY that the above described animal has been vaccinated against Rabies, with a killed virus vaccine. Chris Eaton, DVM m MINNESOTA 625 Robert St.Paul,tMN North 651-296-2942 BOARD OF ANIMAL HEALTH animalhealth@state.mn.us www.mn.gov/bah Michelle Lorenz(MN849420) FY19 CDCB::Inspection Commercial Dog or Cat Breeder Inspection Report "'j 'lin • Inspection date 20 April,2019 Inspector Susan L McClanahan 2&4I -3557 Status Passed --i Sus V1,1,M C iaN C�S rGrr»�.ut Next task due Jay - .70/4 Comment This facility is an outstanding example of a cat breeder that exceeds the requirements of the Commercial Dog and Cat Breeder program in Minnesota.When the cats are not roaming and playing freely at this premises,each cat has a comfortable"Kitty cat"condo in a quiet,calm,well ventilated,and spotless area of the Lorenz home.The condos have multiple levels for sleeping and play activities.Each cat also has free access to high quality food and water at all times in their condos. The cats are registered and raised in accordance with the high standards of The International Bengal Cat Society and The International Cat Association.In addition,Croix Valley Veterinary Hospital works very closely with the Lorenz family and a veterinary protocol has been established. Overall,I have been very impressed during my inspections and have learned a great deal of useful animal care information to share with my colleagues. Close activity? LEI Facility Veterinarian Kirsten L Hiles Animal Inventory: Dogs 2 pocS - Puppies 4 E Cats 15 Kittens 4 Facilities: Page 1 of 4 In accordance with the Americans with Disabilities Act,this information is available in alternative formats of communication upon request by calling 651-296-2942. The Board of Animal Health is an equal opportunity employer and provider. M I N N e S O T A 625 Robert Street North St.t. Paaul1,,MN 55155 651-296-2942 BOARD OF ANIMAL HEALTH animalhealth@state.mn.us www.mn.gov/bah (1) Lighting 0 Pass 0 Fail (2) Ventilation DQ Pass 0 Fail (3) Sanitation Pass 0 Fail (4) Confinement and 0 Pass 0 Fail exercise area surfaces (5) Drainage DQ Pass 0 Fail Standards of Care: (6) Food © Pass 0 Fail (7) Water ® Pass 0 Fail (8) Shelter size ® Pass 0 Fail (9) Dogs kept outdoors or in 0 Pass 0 Fail DQ Not applicable an unheated enclosure (10) Cats Q Pass 0 Fail 0 Not applicable (11) Temperature 0 Pass 0 Fail (12) Exercise O� Pass 0 Fail (13) Animals exercised in DQ Pass 0 Fail groups (14) Group housing and DQ Pass 0 Fail breeding Page 2 of 4 In accordance with the Americans with Disabilities Act,this information is available in alternative formats of communication upon request by calling 651-296-2942. The Board of Animal Health is an equal opportunity employer and provider. 625 Robert Street North MINNeSOTA St. Paul, MN 55155 651-296-2942 BOARD OF ANIMAL HEALTH animalhealth@state.mn.us www.mn.gov/bah (15) Females in estrus QQ Pass 0 Fail (16) Minimum age at time of 0 Pass 0 Fail sale (17) Enrichment and positive © Pass 0 Fail physical contact (18) Training or handling DQ Pass 0 Fail (19) Health care DQ Pass 0 Fail (20) Adequate staff DQ Pass 0 Fail (21) Transportation and 0 Pass 0 Fail shipment Identification: (22) Identification DQ Pass 0 Fail Records: (23) Records DQ Pass 0 Fail Veterinary Protocol: (24) Veterinary protocol DQ Pass 0 Fail (25) Veterinary health DQ Pass 0 Fail certificates Page 3 of 4 In accordance with the Americans with Disabilities Act,this information is available in alternative formats of communication upon request by calling 651-296-2942. The Board of Animal Health is an equal opportunity employer and provider. 625 Robert Street North M I N N e S O TA St. Paul, MN 55155 651-296-2942 BOARD OF ANIMAL HEALTH animalhealth@state.mn.us www.mn.gov/bah (26) Brucellosis tests ® Pass 0 Fail 0 Not applicable Page 4 of 4 In accordance with the Americans with Disabilities Act,this information is available in alternative formats of communication upon request by calling 651-296-2942. The Board of Animal Health is an equal opportunity employer and provider. 601 AN ORDINANCE REGULATING DOGS AND CATS WITHIN THE CITY,INCLUDING THE KEEPING THEREOF AND PROVIDING FOR THEIR LICENSING THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY, MINNESOTA,DOES ORDAIN: Sec. 601.01 Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. A. "Abandoned" means to leave a dog or cat at large within the City 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 Warden to avoid paying impoundment and/or boarding costs. B. "Altered"means any female dog or cat that has been spayed or any male dog or cat that has been castrated. C. "Animal Control Officer" means the City Council and/or any persons or agencies designated by the City Council. D. "Animal Warden" means any person or agency designated by the City Council to house, hold, confine, or board dogs or cats seized and/or impounded herein. The Animal Warden shall be appointed and serve at the pleasure of the City Council. The Animal Warden shall also be construed to include the City Police Department and any other law enforcement agency routinely engaged in law enforcement within the City. E. "At Large"means off the premises of the owner and not under control by leash affixed to the dog's collar, designed or that type of animal, and held by the owner or other person entrusted to have custody of the animal off the owner's premises. F. "Bona Fide Livestock" operation means a farm (of forty (40) acres or more in size)on which horses,cows, swine,poultry, sheep, goats, or other common farm animals are kept, raised bred,or sold as a part of a business enterprise. G. "Cat"means any animal wholly or in part of the species Felis Domesticus. H. "Dog"means any animal wholly or in part of the species Canis Familiaris. ap "Commercial Kennel"means a kennel where dogs are bred and/or sold for re-sale, individually or in litter lots, whether or not any of these animals 4, Page 85 of 158 are also kept for personal use and where the business may be a primary source of income. Commercial kennels are also places where dogs are boarded, groomed, or trained for a fee. J. "Dangerous Dog" and "Potentially Dangerous Dog" have the meaning ascribed to those terms by M. S. §347.50, and specifically as follows: 1. "Dangerous Dog" means any dog that 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 noticed that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 2. "Potentially Dangerous Dog" means any dog that: a. When unprovoked, inflicts bites on a human or domestic animal on public or private property; b. When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public 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. 3. The terms "Dangerous Dog" and "Potentially Dangerous Dog" shall also be construed to include similar classifications from other statutes or ordinances which are substantially in conformity with Minnesota Statutes §347.50, whether or not the same words are used. ummaa* 41) "Hobby Kennel" means a kennel where dogs are kept primarily for personal companionship, for recreational use, or for performance events in addition to the purpose of improving the physical soundness and temperament of such dogs, and where the breeding and selling of animals is incidental to occupancy of the premises for residential purposes, and is not a primary source of income. Page 86 of 158 "Kennel"means any place where three (3)dogs or more(or up to the number of dogs permitted as an accessory use within the City's Zoning Codes and within the limitations therein provided)over four(4)months of age are kept,raised,sold,boarded,bred,shown,treated,or groomed. M. "Owner"means any person or the parents or guardians of a person under eighteen(18)years of age who owns,harbors,keeps,or has custody of a dog or cat. N. "Person"means any individual,partnership,corporation,firm,or group, however organized. 601.02 Exemptions. Except where duties are expressly stated,this article does not apply to hospitals, clinics,and other premises operated by licensed veterinarians exclusively for the care and treatment of dogs or cats. 601.03 Animal Control Officer. The Animal Control Officer shall have police powers necessary for enforcement of this Chapter,including authority to issue complaints for violations. 601.04 Animal Warden. The City Council may appoint an Animal Warden and establish compensation for said position. Such person or agency shall serve at the pleasure of the City Council. The City Council shall annually review the work and compensation of the Animal Warden. No person or agency shall be appointed Animal Warden unless that person or agency has a microchip scanner for use in the identification of animals using such means of identification. 601.05 Interference with Enforcement. No unauthorized person shall break open the Animal Warden's pound or attempt to do so,or to take or let out any animals therefrom,or to take or attempt to take from any Animal Control Officer or Animal Warden any dog or cat taken up by him in compliance with the City ordinance or statute, or in any manner to interfere with or hinder such officer or warden in the discharge of their duties. 4 601.06 Dog or Cat License. A. No person shall own,keep,or harbor any dog or cat of more than six(6) months of age without first securing a license from the City Clerk,wo shall keep a record of all licenses issued and shall issue a durable identification tag for such licenses. Upon receipt of an application reciting the name and address of the owner,the address where the dog or cat will be kept,and the sex,breed,age,color,and markings of the dog or cat for which a license is sought,and upon payment of the license fee established by resolution,the City Clerk shall issue a license in the form of a metal identification tag for each animal. Page 87 of 158 B. The terms of a license shall run concurrently with a dog's or cat's rabies vaccination schedule. Specifically, a dog or cat license expires(and must be renewed) when a new rabies vaccination is needed. Failure to renew the license within thirty(30)days of a new rabies vaccination will result in a late license penalty fee being owed to the City in the amount established by resolution. C. Failure to purchase a license within sixty (60) days of establishing residence in the City, within sixty (60) days of acquiring a dog or cat, or within sixty (60) days of a dog or cat reaching the age of six (6)months during any calendar year will result in the late license penalty fee being owed to the City. D. Dog or cat licenses are not required for dogs or cats that are kept in the City for thirty (30) days or fewer. Such dogs or cats shall be known as "visiting dogs" or"visiting cats". Visiting dogs or cats must be kept in an enclosure or on a leash at all times. 601.07 Reserved For Future Use. 601.08 Kennels. It shall be unlawful to operate any kennel unless a permit to operate the same has been secured from the City Council in advance. quirmous 601.09 Rabies Inoculation of DORS and Cats. A. All dogs and cats in the City over the age of six (6) 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 dogs or cats shall be exhibited to the Animal Control Officer upon demand, and will be required as written proof of such vaccination at the time a dog or cat license is obtained from the City. B. Each dog or cat shall wear a sturdy collar for aid in identification with the veterinarian's metal tag showing proof of said current rabies vaccination. At the owner's discretion, a tattoo or implanted microchip may be used in lieu of the collar and tag if the tattoo and chip identification numbers are placed on file at the City at the time of license application. 601.10 Animal Bites and Animals Exposed to Rabies. A. Any law enforcement officer or the Animal Control Officer may enter upon the private property of any person while in pursuit of any dog or cat under probable cause to believe that such dog or cat has bitten a person or animal,or that such dog or cat is rabid. Page 88 of 158 B. Subsection (A) notwithstanding, whenever any person who owns, possesses, or harbors any dog or cat within the City learns that the dog or cat has bitten any human being, such person shall immediately quarantine such dog or cat for a period of at least ten(10)days,keeping it apart from other animals until it is determined whether the dog or cat has rabies. The quarantine may be by the person owning the dog or cat if such dog or cat has a current license and rabies vaccination at the time the bite occurred. If the dog or cat does not have a current license and rabies vaccination at the time the bite occurred, the dog or cat must be impounded at a licensed pound or with a licensed veterinarian at the owner's expense. After the required ten (10) day quarantine, the dog or cat shall be examined by a licensed veterinarian to insure that there are no clinical signs of rabies. If the dog or cat is found to be rabid,it shall be humanely euthanized. C. If the dog or cat owner cannot be located or advised of the dog or cat bite within two(2) hours of the occurrence, or if the owner fails to quarantine the dog or cat as required by this Ordinance,the Animal Control Officer or Animal Warden shall cause the dog or cat to be impounded and so quarantined. After the required ten(10)day quarantine,if the dog or cat is still unclaimed,the dog or cat shall be humanely euthanized and tested for rabies; if claimed, the dog or cat shall be examined by a licensed veterinarian to insure there are no clinical signs of rabies. If no signs of rabies are observed, the dog or cat can be released to the owner as specified in Section 601.18 of this Ordinance. If the dog or cat is found to be rabid,it shall be humanely euthanized. D. The Animal Warden, Animal Control Officer, or other designate of the City shall have the authority to verify if the dog or cat is properly quarantined Any veterinarian quarantining an animal shall notify the Animal Warden before the release of such animal. E. Any dog or cat to have been bitten by a rabid dog or cat or to have been exposed to rabies shall be impounded. If, however, the dog or cat is at large and cannot be apprehended after reasonable effort, the dog or cat may be immediately destroyed. After impoundment, if proof of rabies immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner,the dog or cat may be released to the owner as specified in Section 601.18 of this Ordinance. If it cannot be proven that the animal has a current rabies immunization,the owner may, at his discretion, make provision for a suitable quarantine for a period of not less than six(6)months. 601.11 Running at Large Prohibited. A. No person shall allow a dog or cat to run at large at any time. All dogs and cats off the premises of the owner must be under restraint by leash, designed for that type of animal,affixed to the animal's collar and held by the owner or other person entrusted to have custody of the animal off the Page 89 of 158 owner's premises. Every owner or custodian of a dog or cat must exercise reasonable care and take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might results from the dog's behavior, regardless of whether such behavior is motivated by playfulness or ferocity. B. Subsection (A) notwithstanding, this provision shall not apply to dogs used as a necessary element of a bona fide livestock operation. Dogs used in bona fide livestock operations shall be issued license tags of a different color than regular licensed dogs. Said tags shall be called "farm dog licenses"and shall be worn at all times. C. No person shall apply for a farm dog license unless their dog(s)is(are) a necessary element of a bona fide livestock operation. 601.12 Abandonment Prohibited. No person shall abandon any dog or cat within the City. 601.13 Nuisances. A. The following are public nuisances and unlawful: 1. Any dog or cat that damages property, (that is not the property of the owner), including plantings, lawns or structures, or that deposits fecal matter off of the owner's property that the owner fails to remove promptly. 2. Any dog or cat 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. 3. Any dog or cat that is kept under unsanitary and/or inhumane conditions such that the maintenance or keeping of the animal creates odors to the annoyance of the public in the vicinity. 4. Any dog or cat that kills or attacks another domestic animal or livestock without provocation while off the owner's property. 5. The owning, keeping, or harboring of any dog or cat which shall, by any noise, unreasonably and/or excessively disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably and/or excessively disturb the peace and quiet"shall include,but is not limited to, the creation of any noise by a dog or cat which can be heard by any person, including an Animal Control Officer or law enforcement officer, from a location off the dog or cat owner's property where the dog or cat is being kept, and which noise occurs repeatedly over at least a five(5)minute period of time with Page 90 of 158 one (1) minute or less lapse of time between each animal noise during the five(5)minute period. This provision shall not apply to dogs or cats that are responding to trespassers or to dogs or cats that are teased or similarly provoked to bark or meow. B. Any person seeking immediate relief may, by telephone, notify the City Clerk, Animal Control Officer, or law enforcement officer of an alleged violation of this Ordinance. A telephone call does not,however,constitute a formal complaint to initiate the citation process. All formal complaints shall be submitted in writing to the attention of the City Clerk and shall describe the dog or cat, state the acts committed by the dog or cat, the name and address of the person owning or harboring the dog or cat, and the name and address of the person making the complaint. The City Clerk shall then promptly notify the person owning or harboring the dog or cat of the acts complained of, either by letter or door tag, and shalt request that the nuisance be abated or eliminated within a specified time period. The City Clerk shall also cause the Animal Control Officer or law enforcement offer to investigate and file a report on the complaint. C. Upon receipt of a second complaint of a violation of this Ordinance, the City Clerk shall cause the Animal Control Officer or law enforcement officer to investigate and file a second report on the complaint. If the offense is corroborated by the investigation, the City Clerk shall, by certified letter, notify the person owning or harboring the dog or cat of the violations complained of; and require that the nuisance be abated or eliminated within twenty-four (24) hours or some other reasonable time specified in the letter. A copy of the letter shall be mailed to the Animal Control Officer and a copy shall be mailed to the person making the complaint. D. If the owner fails to take corrective action within twenty-four (24) hours (or within the time specified in the letter), the City Clerk shall contact the appropriate law enforcement agency and/or the City Attorney, inform them of the alleged violation,and request that the owner be cited. 601.14 Dangerous DOR Provision. A. It shall be illegal for any person to own, keep, possess, or harbor any dog that has been declared a dangerous dog or potentially dangerous dog. This prohibition shall apply whether said declaration has occurred in the City or in some other jurisdiction. This prohibition shall also apply whether said declaration was made pursuant to M.S. §347.50 or pursuant to another statute or ordinance which is substantially similar to M.S. §347.50. 1. If a dangerous dog or potentially dangerous dog has bitten a person, then the dog shall first be quarantined according to the provisions of Section 601.18. Following said quarantine period, then the provisions of paragraphs(2)and(3)shall apply. Page 91 of 158 2. The Animal Control Officer or law enforcement officer shall immediately seize and impound any dangerous dog or potentially dangerous dog that is found within the City. The dog will be kept no fewer than ten (10) calendar days. The owner has until the end of this time period to provide written verification that the dog will be legally removed from the City, or that the dog will be euthanized. The owner must pay all associated impounding and boarding costs prior to the release of the dog. Upon its release, the dog shall be immediately transported to a location outside the City. 3. Any such dog that is not properly claimed within ten(10) calendar days shall be humanely euthanized. The owner of the dog that is euthsni7ed shall be responsible to pay the impounding, boarding, and euthanization costs. 4. The owner of any dog declared a"potentially dangerous dog" shall cause the removal of the dog from the City as outlined in 601.14 A. After a minimum of ten days following the removal of the dog, the owner may appeal to the City Administrator to again keep or maintain the dog in the City. Such appeal shall include the following: a. Provide in writing to the City the request to return the dog to the City. This letter must be signed (or cosigned)by the property owner. b. Provide veterinarian documentation on all required vaccinations being complete and up to date for such dog. c. Provide documentation that the dog (and any other dog or cat in the home) is duly licensed. d. Provide detailed third-party written certification that the dog has passed a"Canine Good Citizen"obedience training test and program as approved by the American Kennel Club; which must be taken (or retaken) after the "potentially dangerous dog" finding has been made. Such certification will include written and signed documentation showing the professional entity the examiner is representing along with proof of liability insurance. The examiner and certifying entity will attest that the dog has shown no signs of aggression or similar behavior, and the dog does not chase or otherwise leave the homeowners property or act in an aggressive manner. This certification Page 92 of 158 will include the credentials of the examiner from the AKC showing current standing and type of certification. e. Provide documentation from the property owner's insurance provider that such homeowner's(or other)policy does for liability purposes cover the dog residing in the residence. f. Provide a written signed statement that the dog has not been kept in the City during this appeal process. g. Provide a $50.00 fee payable to the City to the cover City costs for review of the appeal and its related elements. h. Provide verification that dog will be kept inside a fenced yard capable of containing the animal at all times while outside of the residence. Electronic control fences will not meet the criteria of this ordinance. If the dog is taken outside the home and fenced area or removed from the property within this City; the dog will be under control by static leash and muzzle by a person competent to control the animal. B. The City Administrator shall consider this submitted documentation and if all items are complete and in satisfactory condition,the City Administrator shall issue a written finding that the dog may be returned to the City. C. Should the dog subsequently be found as a potentially dangerous dog for a second event, the dog shall be removed from the City consistent with this ordinance and the City shall not afford a secondary appeal process to again return the dog to the City. D. Notwithstanding the provisions found in this Section, in all circumstances the dog, owner and property must be compliant with all other rules and ordinances of the City. E. This Section(601.14) shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities. 601.15 Females in Heat. Every female dog or cat in heat shall be confined in a building or other secure enclosure in such manner that such female cannot come in contact with another dog or cat, respectively, except for the express purpose of planned breeding, and shall be controlled on a leash while being exercised. 601.16 Sanitation. Page 93 of 158 Any person who owns, keeps, or harbors any dog or cat is responsible to keep his property clean of all fecal matter from the dog or cat. All dog or cat waste shall be removed daily so as to keep the surrounding area free from obnoxious odors. 601.17 Appointing of an Animal Warden. The City Council may appoint an Animal Warden and establish compensation for said position. Such person shall serve at the pleasure of the City Council. The City Council shall annually review the work and compensation of the Animal Warden. 601.18 Seizure of Dogs and Cats—Impounding. The Animal Warden, any law enforcement officer, the Animal Control Officer,or any other person may seize,impound, or restrain any dog or cat found running at large, any dog or cat without a veterinarian's metal tag attesting to its rabies vaccination and/or any dog or cat without its City license tag. Any person or officer(other than the Animal Warden)impounding or restraining such dog or cat shall immediately deliver the same to the Animal Warden. If the animal is collarless, the Animal Warden shall immediately ascertain whether the dog or cat has a tattoo or embedded microchip as a means of identification. The Animal Warden shall thereupon give notice of the impoundment to the owner or, if the owner is unknown, shall post notice of the impoundment at the City Hall(and at such other places as may be designated by the City Council). If such dog or cat is not claimed within ten (10) calendar days of such posted notice and all fees and charges paid, the Animal Warden shall place the dog or cat in the custody of a suitable person or shall humanely euthanize the animal. Any dog or cat restrained or impounded shall receive humane treatment and sufficient food, water, and shelter. 601.19 Impounding and Boarding Fees. A. The Animal Warden may charge such reasonable impounding fees for the care and board of any dog or cat restrained or impounded and any and all such fees imposed shall be paid to the Animal Warden at the time of reclamation of the dog or cat. The City Council shall annually review all fees so imposed by the Animal Warden to determine their reasonableness and may, by resolution, impose such additional fees reasonably related to the necessary and reasonable expenses incurred by the City for the capture, transportation, and/or care of impounded dogs or cats. All such fees must be paid to the Animal Warden prior to the release of the animal. The Animal Warden shall issue a receipt to the owner evidencing such payment. Additionally, the Animal Warden may not release any dog or cat until the owner provides written proof that the dog or cat is currently vaccinated against rabies and that the dog or cat has received a current license from the City. B. In the case where any dog or cat has been impounded whose rabies vaccination and dog or cat license are not current, said dog or cat shall not be released unless the owner first obtains a City dog or cat license and Page 94 of 158 provides written evidence, from a licensed veterinarian, that arrangements have been made to have the dog or cat vaccinated upon its release. Any written evidence submitted pursuant to this provision shall be deemed inadmissible in any criminal court action against the owner of the dog or cat. 601.20 Coordination with Veterinarians. The City may enter into Agreements with veterinarians to assist in the administration of the provisions of this Ordinance. Said agreements shall insure that an orderly system is set up to coordinate the licensing, vaccination, impoundment, quarantine, and/or euthanization, as needed, of dogs or cats within the City. Said agreement shall also provide for a reasonable method of compensating veterinarians for the service that they provide to the City. 601.21 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. 601.22 Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. 601.23 Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law, and licenses required herein must be secured within thirty (30) days thereafter by persons owning, harboring, or keeping dogs or cats at the time of such passage and publication. 601.24 Repeal. The former Chapter 601, dated October 28, 1997 is hereby repealed in its entirety and replaced by this Ordinance. Amended 11/11/2014 by the City Council as to Section E of 601.01 and Section A of 601.11 Amended 09/27/2016 by the City Council as to Section A through Section E of 601.14 Page 95 of 158