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6. Staff Report-dog ordinanceSCANDIA Staff Report Date of Meeting: November 2, 2016 To: City Council From: Neil Soltis, Administrator Re: Dog Ordinance Background: A resident questioned the City's dog ordinance, specifically the severity of the penalty for having their dog running outside of their property and presumably "at large". At issue here was a citation for the dog outside of the perimeter of its shock collar and leaving the yard. Under the current ordinance the penalty for a dog not being registered or having a rabies vaccination is a petty misdemeanor which is similar in nature to a parking ticket that can be paid without a court appearance. The penalty for a dog being "at large" is a misdemeanor which is a crime and which requires a pre-trial conference with the City Attorney and then a possible court appearance. The distinction between is terms from MN Statutes is provided below: Subd. 3.Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Subd. 4a.Petty misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. The following are excerpts from the current dog ordinance: At Large: A dog shall be termed to be at large when it is not under "restraint" as defined in this section. Section 20. PENALTIES: A. Any person who shall violate sections 2 or 3 of this Ordinance shall be guilty of a petty misdemeanor. B. Any person who shall violate any of the terms and provisions of Sections 4, 5, 6, 7, 15A, 15D, 15E, and 18 of this Ordinance shall be guilty of a misdemeanor. In addition, after a finding of a court of proper jurisdiction that a dog is a public nuisance as defined in Section 6, the Court may order that the dog be destroyed or that the owner or custodian remove it from the City or keep it confined in a designated place. C. 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. D. A person who is convicted of a second or subsequent violation of Sections 15A, 15D or 15E is guilty of a gross misdemeanor. OFFENSES THAT ARE PETTY MISDEMEANORS Section 2. IDENTIFICATION: No person shall own, harbor, keep or have custody of a dog over six (6) months of age, within this City, without the dog being identified by a device, tag or plate attached to the dog by a collar, harness or device giving the name and telephone number of the current owner. Section 3. RABIES VACCINATION: No person shall own, harbor, keep or have custody of a dog over six (6) months of age, within this City, unless the dog has a current vaccination against rabies and the dog has attached to its collar, harness or similar device a current rabies vaccination tag. OFFENSES THAT ARE MISDEMEANDORS Section 4. CONFINEMENT: The owner shall confine within a building or secure enclosure any fierce, dangerous or vicious dog, except when under restraint by a responsible person. Every female dog in heat shall be confined in a building, secure enclosure, veterinary hospital, or boarding kennel, or shall be controlled on a leash while being exercised. Section 5. AT LARGE: No owner shall permit the owner's dog to be at large within the City. Section 6. PUBLIC NUISANCE: No person shall keep or harbor a dog which is a public nuisance. A dog is a public nuisance that does any of the following: A. Destroys property or habitually trespasses in a damaging manner on property of persons other than the owner. B. Attacks or bites a person outside the owner's or custodian's premises C. Shows vicious habits or molests pedestrians or persons riding or driving on the public streets or highways. D. Habitually barks, bays, cries, howls, or makes any other noise continuously for a period of 10 minutes or barks intermittently for 30 minutes or more, at any time, either day or night. A dog shall not be deemed a public nuisance if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property on which the dog is situated or when the dog is teased or provoked. Section 7. POISONING OF ANIMALS: It shall be unlawful for anyone to place upon the ground or in any other place, any poison, bait or other material intended to harm a dog. Section 15. REGULATION OF DANGEROUS DOGS: A. REQUIREMENT: No person may own a dangerous dog unless the dog is registered as provided in this section. D. MICROCHIP IDENTIFICATION: The owner of a dangerous or 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 Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority. Once implanted, no one, except a licensed veterinarian, shall remove a microchip from a dangerous dog. All costs related to the purchase and implantation of the microchip must be borne by the dog's owner. E. DANGEROUS DOGS; ADDITIONAL REQUIREMENTS: Issue: Should having a dog being "at large" be classified as a misdemeanor?