9.b 1 Staff report - Dog Ordinance{
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Staff Report
Date of Meeting: June 20, 2017
To: City Council
From: Neil Soltis, Administrator
Re: Dog Ordinance
Background: Based on a previous City Council discussions, an updated dog ordinance is being
presented for consideration. The changes address 2 issues:
• Redefining what an "at large" dog is by modifying the definition of "restraint"
• Reclassifying the penalty for a dog "at large" from a misdemeanor to a petty misdemeanor.
Based on the discussion at the work session, an additional change making multiple convictions for
petty misdemeanors grounds for a misdemeanor citation.
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 the terms from MN Statutes is provided below:
Issue: Should the ordinance as revised be approved.
Proposal Details: the changes to the current ordinance are shown below:
Restraint: A dog is under restraint within the meaning of this section if it is controlled by a leash
Ret exeee iRg six (6) feet iR IeRgth; if it is wearing a remote shock collar controlled by the
owner, if it is under the voice or signal command of a responsible person whom the dog will
immediately obey; if it is within a vehicle being driven or parked on the public streets; and if it is
within the limits of its owner's premises.
PENALTIES:
A. 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 or any person with multiple convictions for petty
misdemeanor offenses 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.
B. Any person who shall violate sections 2 e -r-3,3 or 5 of this Ordinance shall be guilty of a
petty misdemeanor. Each day that a person shall own, harbor, keep or have custody of a
dog over six months of age within this City without an identification tag and rabies tag
shall be considered a separate violation.
Fiscal Impact: There is the potential for reduced fine revenues based on the fine for an "at large"
dog being reduced from $1,000 to $300.
Options:
1. Approve as drafted
2. Amend the draft ordinance
3. Take no action
Recommendation: Approve as drafted.