Town of Maine Prairie
County of Stearns
State of Minnesota
By-Laws for the Regulation of Dogs
Ordinance Number 3
THE TOWN OF MAINE PRAIRIE HEREBY ORDAINS: IN ORDER TO PROVIDE
FOR THE HEALTH AND SAFETY OF THE PEOPLE OF THIS TOWN AND IN ORDER TO PROVIDE
THE REGULATION AND PROTECTION OF ANIMALS, THE TOWN BOARD OF SUPERVISORS OF
THE TOWN OF MAINE PRAIRIE, STEARNS COUNTY, MINNESOTA, HEREBY ADOPTS THESE
BY-LAWS.
Section 1- Dogs and other Animals
Subd. 1 – (Definitions) Unless the context clearly indicates
otherwise, the words, combination of words, terms and phrases as used in
Sect 1, et. Seq. shall have the meaning as set forth in the following
paragraphs:
a. PERSON – Shall mean any individual,
firm, partnership, or corporation.
b. ANIMAL WARDEN – Shall mean the County
Sheriff or any of his deputies, a town’s constable or the town pound master.
c. COMMERCIAL KENNEL – Shall mean a
place where more than three (3) dogs of over six (6) month of age are kept
for the purposes of breeding, sale or boarding.
d. CITATION – Shall mean a notice or complaint
by the Animal Warden to the owner of one or more violations of this
ORDINANCE.
e. AT LARGE – A dog is at large when it is off
the property of the person owning, harboring, or keeping said dog, and it is
not under restraint.
f. VETERINARY HOSPITAL – Shall
mean a place for the treatment, hospitalization, surgery, care and boarding
of animals or birds, which place is owned and operated by a licensed
veterinarian.
g. UNDER RESTRAINT – A dog is under
restraint if it is on the premises of the person harboring or keeping the
dog; if it is at heel beside a person having custody of it or obedient to
the person’s command; if it is within a private motor vehicle of a person
owning, harboring or keeping the dog; or if it is controlled by a leash not
exceeding six (6) feet in length.
DOG KENNEL – Shall mean any place, building, tract of land, boat or vehicle
wherein or whereupon dogs are kept, congregated or confined; such dogs
having been obtained from municipalities, dog pounds, dog auction, or by
advertising for unwanted dogs, or dogs abandoned or stolen.
h. OWNER – Shall mean any person owning,
keeping, harboring, or acting as custodian of a dog or other domesticated
animal.
i. PREMISES – Shall mean any
building, structure, shelter or land whereupon dogs or other animals are
kept or confined.
j. POUND MASTER – Shall mean that
person or persons from time to time appointed by the Town Board to carry out
the duties of a pound master as defined by Minnesota Statutes or to enforce
this Ordinance or both.
k. PUBLIC NUISANCE ANIMAL OR ANIMALS –
Shall mean any animal or animals which:
a.
If a dog is/are repeatedly at large;
b.
Damages the property of anyone other than the owner;
c.
Is/are vicious animal(s);
d.
Causes fouling of the air by odor;
e.
Causes unsanitary conditions of enclosures or surroundings;
f.
By virtue of number of types of animals maintained, are offensive or
dangerous to the public health, safety, or welfare;
g.
Excessively makes disturbing noises;
h.
Molests passer(s) by or passing vehicles;
i.
Attacks other domestic animals;
j.
Has been designated by the Animal Warden to be a public nuisance animal or
animals by virtue of being a menace to the public health, safety or welfare.
l.
VICIOUS ANIMAL OR ANIMALS – Shall mean any animal or animals which
constitute a physical threat to human beings or other animals by virtue of
one or more attacks of such severity as to cause property damage or physical
injury.
Section 2- ENFORCEMENT – The provisions of this Ordinance
shall be enforced by the Animal Warden pursuant to policies established by
the Town Board.
Section 3- RIGHT OF ENTRY – The Animal Warden shall have
the right to enter upon any premises at all reasonable times for the purpose
of discharging the duties imposed by this Ordinance where there is a
reasonable belief that a violation of this Ordinance has been committed.
Section 4- RECORDS – It shall be the duty of the Animal
Warden to keep the following records, subject to the inspection by the Town
Board or their designated agents as set forth in the following paragraphs:
a.
Accurate and detailed records of the licensing, impoundment, and disposition
of all animals coming into custody.
b.
Accurate and detailed records of all reported bite cases and investigations
for a period of three (3) years.
c.
Accurate records of all citations issued for violations of this Ordinance.
d.
Accurate and detailed records of all money collected and expended in the
operation of the functions of his office.
Section 5- RUNNING AT LARGE PROHIBITED – no dog shall be
allowed by its owner to run at large and every owner of a dog shall cause
the same to be:
a.
Confined to the owner’s property by training, fencing, or leashing and
females in heat shall be confined in an enclosure and so kept and confined
therein during such entire period and until such dogs shall not attract
other dogs on account thereof.
b.
While in any public place such as a school, playground, or a park, to be on
a leash, chain or cord of not more than six (6) feet in length and in the
custody of a person of sufficient age to adequately control the dog at all
times, and to have and keep said dog under control.
c.
While in other areas such as on a public street or in an automobile, to be
in the custody of a person of sufficient age to adequately control the dog
at all times, and to have said dog under control.
Section 6- CONFINEMENT OF ANIMALS WITH A HISTORY OF BITING
– Every fierce, dangerous, or vicious animal, including dogs, that has a
history of biting a human or any domestic animal, including dogs, that has a
history of biting a human or any domestic animal, shall be confined by the
owner within a building or secure, covered enclosure. Such animal
shall not be taken out of the building or secure, covered enclosure unless
nuzzled and on a leash.
Section 7- DOGS ON LEASH – The restriction imposed by
Section 5 shall not prohibit the appearance of a dog upon the streets or
other public place when such a dog is on a leash or under restraint, except
a female dog in season.
Section 8- ABANDONMENT OFANIMALS – It shall be unlawful to
abandon any dog or other animal within this Town
Section 9- IMPOUNDING STAY DOGS OR ANIMALS
Subd. 1 – The Animal Warden may seize
or impound any dog or animal found to be astray on public property or
claimed to be astray by the owner of the premises upon which such animal
shall be found provided that the owner of the premises demands such seizure
or impoundment and agrees in writing to indemnify and hold harmless the Town
for any claim for damages by the owner of said dog or other animal.
Subd. 2 – Upon taking and impounding any dog, the Animal
Warden shall within one day thereafter post at the front door of the Town
Hall a Notice of Impoundment in the form established by the Town Board.
If the owner of the dog is know, a written Notice of Impounding, in lieu of
posted notice, shall be given to the owner thereof either by mail or
personal service.
Section 10- PERMITS FOR COMMERCIAL KENNELS, PERMITS FOR
KEEPING MORE THAN THREE DOGS OVER THE AGE OF SIX MONTHS.
Subd 1 – No person shall operate a
commercial dog kennel in this Town without first obtaining a permit.
Applications for such permits shall be made to the Town Board and shall be
accompanied by the permit fee.
Subd 2 – Commercial kennel permits
shall be issued on an annual basis, expiring on December 31st following the
first effective day of the kennel permit. The commercial kennel permit
fee shall be the amount per year or fraction thereof as set forth by the
Town Board from time to time.
Subd 3 – Commercial kennels shall be
kept in a clean and healthful condition at all times and shall be open for
inspection by duly authorized Town officials at any reasonable time. A
commercial kennel permit may be revoked by the Town Board by reason of
violation of this Ordinance or any health or nuisance order laws or
regulations.
Subd 4 – No person shall own, harbor,
or keep upon his premises more than three (3) dogs over the age of six (6)
months unless in a commercial kennel duly licensed under this section.
Section 11 – MAINTENANCE OF ANIMAL QUARTERS OF COMMERCIAL
KENNELS.
Subd 1 – Animal housing facilities
and commercial dog kennel facilities shall be structurally sound and
maintained in good repair. Indoor housing facilities should be
adequately ventilated and have ample light and heat, either natural or
artificial.
Subd 2 – The shelter shall include a
moisture-proof and wind-proof structure of suitable size to accommodate the
dog and allow retention of body heat. It shall be made of durable
materials with a solid floor raised at least two (2) inches from the ground
and with the entrance covered by a flexible wind-proof material or a
self-closing swinging door. The structure shall be provided with a
sufficient quantity of suitable bedding materials consisting of hay, straw,
cedar shavings blankets or the equivalent, to provide insulation and
protection against cold and dampness and promote retention of body heat.
Subd 3 – Dogs kept outside shall be
provided with access to shelter to protect them from the sun, rain, and
snow, together with adequate bedding when the temperature falls below 50
degrees Fahrenheit.
Subd 4 – If the dogs are confined by
chains, such chains shall be so attached that they cannot become entangled
with the chains of other dogs or other objects. Chains shall be of a
size commonly used for the size of dogs involved and shall be attached to
the dog by means of a well-fitted collar. Such chains shall be at
least three times the length of the dog as measured from the tip of its nose
to the base of its tail. Cable runs with floors constructed of
concrete shall be at least twenty-five (25) feet in length.
Subd 5 – The enclosure shall be of sufficient size to allow each dog to
turn around fully and stand, sit and lie in a comfortable, normal position.
The floors of the enclosure shall be constructed so as to prevent injury to
the dog’s legs and feet.
Subd 6 – All outdoor exercise pens shall have concrete floors and be at
least eight (8) feet wide and twelve (12) feet in length with sufficient
height to contain the dog, the mesh shall be of sufficient size as not to
harm the dog.
Subd 7 – The temperature for indoor housing facilities shall not be allowed
to fall below 50 degrees Fahrenheit for dogs not accustomed to lower
temperatures.
Subd 8 – Disposal facilities shall be provided to minimize vermin,
infestation, odors and disease hazards. All disposal facilities shall
be separate from the disposal systems of any dwelling.
Subd 9 – Adequate storage and refrigeration shall be provided to protect
food supplies against contamination and deterioration.
Section 12- VIOLATIONS – Any person violating Sections 1-11
of this Ordinance shall be guilty of a misdemeanor and, in addition to any
penalty imposed by the Court, shall pay the appropriate costs of prosecution
as may be determined by the Court.
Section 13- DATE AND EFFECT – These by-laws shall take
effect from and after its posting and the Town Clerk is hereby directed to
post these By-Laws on the Town Bulletin Board in the Town Hall. These
By-Laws supersede and vacate all previous Dog Regulations and By-Laws
enacted by the Electors of the Town Board.
Passed and approved this 14th day of May, 2002.
Prepared and drafted by:
James Wm. Braun
2428 115th St
Princeton, MN 55371