Statute in Full:
Grand Forks, North Dakota
Minot, North Dakota
Grand Forks, North Dakota
City Code City of Grand Forks North Dakota
Chapter XI ANIMALS AND FOWL
Article 1. Cats and Dogs
11-0101. Definitions.
11-0102. License--Required.
11-0103. Same--Police chief's duty; publication.
11-0104. Same--Fee.
11-0105. Same--Rabies vaccination.
11-0106. Same--Tag to be issued.
11-0107. Same--Tag to be attached to dog or cat.
11-0108. Same--When due and payable.
11-0109. Same--Duplicate tag.
11-0110. Same--Disposition of fee.
11-0111. Same--Tags not transferable; no refunds.
11-0112. Cat or dog at large; nuisance, impoundment, destruction.
11-0113. Female dogs and cats in heat.
11-0114. Muzzling.
11-0115. Setting of dogs or cats at large; prohibited, when.
11-0116. Barking dogs--Prohibited.
11-0117. Same--Duties of police officers and disposition of dog.
11-0118. Breaking into dog or cat pound; hindering officer.
11-0119. Counterfeiting dog or cat tags; misuse of tag.
11-0120. Rabies; notice.
11-0121. Leash requirement.
11-0122. Duty of animal owners to be responsible.
11-0123. Dogs in single-family dwellings.
11-0124. Dogs in multifamily dwellings.
11-0125. Failure to remove dog or cat feces without delay.
11-0126. Dog kennel--Permit; fee.
11-0127. Same--Premises.
Article 2. Control and Protection of Animals
11-0201. Impounding animals, generally.
11-0202. Nonpayment of fines, charges, etc.--Complaint to municipal judge.
11-0203. Same--Manner of serving notice.
11-0204. Hearing--Conduct generally; trial alternative.
11-0205. Same--Default at.
11-0206. Same--Appearance at.
11-0207. Trial and judgment.
11-0208. Sale of impounded animals--Notice.
11-0209. Same--Disposition of proceeds.
11-0210. Trespassing animals; who may impound.
11-0211. Breaking into pound.
11-0212. Resisting animal warden.
11-0213. Releasing animals.
11-0214. Cruelty to animals.
11-0215. Animals and fowl; nuisance, defined and prohibited.
11-0216. Prohibited animals.
11-0217. Domestic fowl.
11-0218. Trapping within city limits.
Article 3. Dangerous Animals
11-0301. Definitions.
11-0302. Prohibition and control of dangerous animals.
11-0303. Confinement of dangerous animals.
11-0304. Exemptions.
11-0305. Violations.
ARTICLE 1. CATS AND DOGS
11-0101. Definitions.
As used in this article, unless the context otherwise indicates:
(1) Dog shall be intended to mean either a male or female dog.
(2) Dog kennel is any building or fenced area where dogs are kept for breeding, for sale, for medical care, for training, or for boarding. Any building or fenced area where five (5) or more dogs, six (6) months or older, are kept for an individual's own use shall be considered a kennel under this article.
(3) Cat shall be intended to mean either a male or female cat.
(4) Owner shall be intended to mean any person or persons, firm, association, or corporation owning, keeping, or harboring a dog or cat.
(5) At large shall be intended to mean any dog or cat off the premises of the owner, and not in the immediate presence and under the control of the owner or a person authorized by the owner either by leash, cord, chain, or other physical restraint.
(6) A stray animal shall mean any dog or cat at large without identification tags.
(Ord. No. 3283, § 1, 4-19-93)
11-0102. License--Required.
No person, firm, association or corporation shall own, keep, or harbor a dog or cat which is over six (6) months of age without first having obtained a license therefor as hereinafter provided; provided, however, the City of Grand Forks shall not be required to obtain a license for any dogs owned by the city and used for law enforcement purposes.
11-0103. Same--Police chief's duty; publication.
It shall be the duty of the police chief to cause to be published in a newspaper published in Grand Forks a display ad not less than two (2) column inches nor more than four (4) column inches two (2) times within the month of December each year, giving notice of the cost, the due date, and place payable of license fees provided for by this article.
11-0104. Same--Fee.
The owner, keeper, or harborer of any dog or cat required to be licensed pursuant to this article shall pay a license fee thereon to the City of Grand Forks at its police department in the amount of five dollars ($5.00) annually for each altered or neutered male dog or cat and each spayed female dog or cat; and the sum of fifteen dollars ($15.00) annually for each other dog or cat. The burden of establishing that any male dog or cat has been altered or neutered or that any female dog or cat has been spayed shall be upon the owner thereof and the fifteen-dollar license fee shall be collected unless the owner shall furnish evidence to the chief of police by a veterinarian's certificate that said dog or cat has been altered, neutered or spayed.
(Ord. No. 2934, § 1, 5-1-89; Ord. No. 3479, § 1, 12-5-94)
11-0105. Same--Rabies vaccination.
(1) Before the police department shall accept any money proffered in payment of the dog or cat license fee or shall issue a receipt therefor, the person applying for the license shall present to the police department the certificate of a veterinarian to the effect that the dog or cat for which the license is being procured has been vaccinated for rabies within the previous two (2) years, providing said veterinarian's certificate states that a vaccine certificate for a three-year period was used.
(2) The rabies vaccination for dogs and cats shall initially begin when the dog or cat is between three (3) months and six (6) months of age. A booster shot is to be given at one (1) year of age and thereafter at intervals of two (2) years, provided a vaccine certified for a three-year period was used.
11-0106. Same--Tag to be issued.
Upon the payment to the City of Grand Forks at its police department to the license fee upon any dog or cat, the officer or employee receiving the payment shall execute a duplicate receipt to be retained by the police department, the original receipt being delivered to the person paying for such license. The license shall contain the name, color, breed, age, sex and other relevant information pertaining to the dog or cat license; the rabies vaccination date and number; and the name and address of the veterinarian who administered the vaccination. A durable tag will be provided to the person paying such license fee with which to identify the dog or cat so licensed.
11-0107. Same--Tag to be attached to dog or cat.
It shall be the duty of the person owning such dog or cat so licensed to cause such dog or cat to wear a collar around its neck and to cause the identifying tag provided by the police department to be affixed by a permanent fastener to the collar of such dog or cat. It shall be the further duty of the owner, keeper, or harborer of such dog or cat to see that said collar and said tag are constantly worn by such dog or cat.
11-0108. Same--When due and payable.
The dog or cat license hereinbefore provided for shall become due upon the first day of January in each year, or six (6) months after birth, and shall become delinquent on the first day of March in each year of seven (7) months after birth, and if not paid before the first day of March or seven (7) months after birth, a penalty of one dollar ($1.00) shall be added to the license for the first thirty (30) days of delinquency, and an additional dollar ($1.00) for each month or fraction thereof of delinquency thereafter to a maximum penalty of six dollars ($6.00) per year. Such licenses shall be paid and tags delivered to police headquarters.
(Ord. No. 2935, § 1, 5-1-89)
11-0109. Same--Duplicate tag.
In the event a dog or cat tag is lost or destroyed, a duplicate shall be issued by the police chief upon presentation of a receipt showing payment of the license fee for the current year and the payment of a one-dollar fee for such duplicate.
(Ord. No. 3479, § 2, 12-5-94)
11-0110. Same--Disposition of fee.
All money so collected by the chief of police for dog or cat licenses, penalties, delinquencies, and duplicate tags shall be paid by the chief of police to the city auditor as part of the general fund of the city.
11-0111. Same--Tags not transferable; no refunds.
Dog or cat tags shall not be transferable from one (1) dog or cat to another and no refunds shall be made on any dog or cat license fee because of the death of the dog or cat or the owner leaving the city before expiration of the license period.
11-0112. Cat or dog at large; nuisance, impoundment, destruction.
(1) Any dog or cat running or being at large in any of the streets, public ways, public places, parks, or upon the private premises of any other person than the owner or keeper of such cat or dog, within the City of Grand Forks shall be deemed and be considered to be a public nuisance and shall be deemed to be an animal ferae naturae or naturally wild and shall be impounded in a suitable place provided by the city. The owner of any such cat or dog shall be subject to the penalty hereinafter provided, and for such purpose, the head of the household of the premises on which such cat or dog is kept shall be considered to be the owner. The police chief shall keep a record of all cats or dogs impounded, listing breed, color, sex, and the place and time of taking. Such cats and dogs shall remain impounded by the city for a period not to exceed four (4) days; provided, however, that if an impounded cat or dog appears to be suffering from rabies or other infections or dangerous disease, or be known to have bitten a human being to the extent of breaking the skin, then said cat or dog shall remain impounded for at least ten (10) days from the date of such biting in order to determine whether or not the cat or dog had rabies.
(2) Information as to the records of all dogs and cats impounded will be available to the public at all times upon request to the police department. The owner of any impounded dog or cat, if known, shall be notified by the police department by personal, telephone, or written notice, as soon as reasonably possible. If within four (4) days of impounding, the owner shall claim the dog or cat, said owner shall pay to the City of Grand Forks at its police department the sum of thirty-five dollars ($35.00) for the taking or impounding of said cat or dog. Said dog or cat shall then be released to the owner; provided, however, that no dog or cat shall be released from the pound unless properly licensed.
(3) If the dog or cat is not redeemed by the owner within four (4) days after impounding, the police chief shall cause said dog or cat to be destroyed or delivered to the Grand Forks Humane Society; or the police chief may cause such dog or cat to be delivered to another person, not the original owner, upon payment of the assessment of penalty fees as provided by the preceding section.
(4) Upon the expiration of the four-day impoundment period, and upon delivery of the dog or cat to another person, all rights and incidents of ownership shall become vested in such person accepting delivery of the dog or cat.
(Ord. No. 3283, § 2, 4-19-93; Ord. No. 3854, § III, 7-17-00)
11-0113. Female dogs and cats in heat.
It shall be the duty of the owner of any female dog or cat in heat to keep said dog or cat securely confined on the owner's premises.
11-0114. Muzzling.
Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the mayor shall issue a proclamation ordering each person owning, keeping or harboring a dog to confine it securely on the person's premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any dog noticeably infected with rabies or displaying vicious propensities shall be killed by any police officer without notice to the owner. Dogs impounded during the first two (2) days of such proclamation shall, if claimed within five (5) days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in section 11-0112. If unclaimed after that period, such dog may be summarily destroyed.
11-0115. Setting of dogs or cats at large; prohibited, when.
It shall be unlawful for any person to open any door or gate of any private premises for the purpose of setting any dog or dogs or cat or cats at large, or otherwise enticing or enabling any dog or cat to leave any private premises, within which the same may be, for the purpose of setting any dog or cat at large.
11-0116. Barking dogs--Prohibited.
No person shall harbor or maintain at any place within the city any dog, whether licensed or unlicensed, which shall run out and bark at any person, automobile, or other passing object upon or along any street, highway, or other public ground within the city. No person shall harbor or maintain at any place within the city any dog which shall commit any nuisance or act of destruction upon the property of any person not the owner or keeper thereof, or which shall by barking, howling, whining or making disagreeable noises disturb the people in the locality where the same is kept or maintained; provided, however, that this section shall not apply to dogs owned by local, state, or federal governments during training or while used for law enforcement purposes.
11-0117. Same--Duties of police officers and disposition of dog.
Upon a verbal or written complaint by any person, it shall be the duty of each police officer, in addition to the penalties upon the owner herein before provided, to take up any dog, whether licensed or otherwise, which shall do any or all of the things prohibited by section 11-0116, and place the same in the dog pound or other suitable place. Dogs so taken shall be held for a period of four (4) days and the owner shall be immediately notified of the taking and cause therefor. The owner may redeem the same by payment of the fee of thirty-five dollars ($35.00) for the taking or impounding of a dog and the applicable amount for the care and keep of said dog as specified in the prevailing agreement and contract for care between the City of Grand Forks and Grand Forks Humane Society.
(Ord. No. 3955, § XVII, 12-2-02)
11-0118. Breaking into dog or cat pound; hindering officer.
It shall be unlawful for any unauthorized person to break upon any enclosure in which the police department has impounded any dog or cat or attempt to do so, or to take or let out any cats or dogs therefrom, or to take or attempt to take from any police officer any cat or dog taken up by the officer in compliance with this article, or in any manner to interfere with or hinder such officer in the discharge of the officer's duties under this article.
11-0119. Counterfeiting dog or cat tags; misuse of tag.
It shall be unlawful to counterfeit or attempt to counterfeit a city dog or cat tag, or to take from any dog or cat, without the owner's permission, a tag legally placed upon it, or to place a city dog or cat tag upon a dog or cat other than the dog or cat for which the tag was issued.
11-0120. Rabies; notice.
(1) If a dog or cat is believed to have rabies, or has been bitten by an animal suspected of having rabies, or bites a human being, such dog or cat shall be confined on the owner's premises and only be allowed outside of an enclosure under the direct supervision of an adult, provided the owner can provide proof that the animal is currently vaccinated for rabies. If no proof of a current rabies vaccination is provided, the animal will be quarantined with a licensed veterinarian or at the local humane society, at the expense of the owner, for a period of ten (10) days from the date of the bite. The owner shall notify the police chief of the fact that the dog or cat has been exposed to rabies or has bitten a human being and, if in the discretion of the chief of police, the dog or cat is not properly confined by the owner, the police chief if empowered to have such dog or cat removed from the owner's premises to a veterinary hospital or the local humane society and there placed under observation for a period of ten (10) days at the expense of the owner.
(2) It shall be unlawful for any person, knowing or suspecting a dog or cat has rabies to allow such dog or cat to be taken off of such person's premises or beyond the limits of the city without the permission of the police chief. Every owner, or other person, upon ascertaining a dog or cat is rabid shall immediately notify the police chief or a police officer who shall either remove the dog or cat to the pound or summarily destroy it.
(3) A dog or cat at large with no identification tags will be deemed a stray animal and shall be impounded by the city for a period not to exceed four (4) days. A stray animal that has bitten a human being will be impounded by the city for a period not to exceed four (4) days. Thereafter, the animal will be humanely destroyed and his brain tissue examined for rabies. A stray animal that appears to be suffering from infection or disease during the four-day period will be humanely destroyed immediately and his brain tissue examined for rabies.
(Ord. No. 3283, §§ 3, 4, 4-19-93)
11-0121. Leash requirement.
(1) All dogs shall be kept under restraint either by leash, cord or chain, or by being kept in an enclosure; provided, however, that all dogs owned or used by local, state or federal governmental bodies, while in active duty or during training, and under the supervision of a peace officer, shall be exempt from the provisions of this section.
(2) No person having the custody or control of any dog shall permit the same to be within or upon any unfenced area or lot abutting upon a street, sidewalk, public park, public place, or upon any other private land without being effectively restrained by chain, rope, cord, or other such restrictive leash effectively preventing such animal from reaching any street, sidewalk, public park, public place, or any private land belonging to another.
(Ord. No. 3299, § 1, 6-21-93)
11-0122. Duty of animal owners to be responsible.
(1) It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from their animals' behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.
(2) In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with.
11-0123. Dogs in single-family dwellings.
It shall be unlawful to keep or harbor any more than two (2) dogs, six (6) months of age or older, in any single-family dwelling in the City of Grand Forks.
11-0124. Dogs in multifamily dwellings.
It shall be unlawful to keep or harbor any more than one (1) dog, six (6) months of age or older, in any living unit in any residential building containing four (4) or more living units.
11-0125. Failure to remove dog or cat feces without delay.
It shall be unlawful for any dog or cat owner or person in possession of any dog or cat to fail to remove without delay any feces left by such cat or dog on any public street, sidewalk, other public areas, or the private property of another within the corporate limits of the City of Grand Forks.
11-0126. Dog kennel--Permit; fee.
Every person conducting or operating a dog kennel shall secure an annual permit from the public health department. The fee shall be ten dollars ($10.00), to be due on January first of each year. An individual who keeps dogs for the individual's own use and has paid fees for dog licenses equal to or in excess of ten dollars ($10.00) shall not be required to pay a fee under this section.
11-0127. Same--Premises.
The premises shall be kept free from decayed or decaying food and filth of any kind and adequate food and water shall be provided. Light and air shall be suitable and runways provided for exercises.
ARTICLE 2. CONTROL AND PROTECTION OF ANIMALS
11-0201. Impounding animals, generally.
(1) Any animals found running and being at large, contrary to the provisions of this article, shall be liable to be taken or driven to the pound of the district in which they may be so found, and there impounded by any person who is the owner or occupant of any lot or lands, or the owner's or occupant's child, servant or agent, and it shall be the duty of a community service officer to receive and impound any such animal or animals so driven or taken to the pound. A community service officer animal warden shall, upon view of or upon information that any animals are at large, contrary to the provisions of this article, take or drive the same to the pound and there impound the same.
(2) When a community service officer shall have impounded any such animal as aforesaid it shall be the officer's duty there to keep the same safely until the owner or some person for the owner shall come and pay to the animal warden the fine and fees and charges herein provided for, or until such animal or animals shall be sold according to the provisions of this article.
(Ord. No. 3890, § IV, 5-21-01)
11-0202. Nonpayment of fines, charges, etc.--Complaint to municipal judge.
Upon the refusal or neglect of the owner of any animal mentioned in this article for twenty-four (24) hours after the impounding of such animal or animals to pay the fine, penalty, fees, and charges provided for herein, a community service officer shall make a complaint in writing to the municipal judge, stating a general description of the animals so impounded, and the date when impounded, and if known, the name of the owner; and the municipal judge shall then fix a day and hour for hearing said complaint and the trial of the matter, which shall be not less than three (3) nor more than ten (10) days from the date of the filing of such complaint. Such municipal judge shall issue notice of such hearing or trial to such owner, if known, and if the name of the owner be unknown then to the "unknown owner" of such animals.
(Ord. No. 3890, § IV, 5-21-01)
11-0203. Same--Manner of serving notice.
It shall be the duty of community service officers to cause notice to be served by mail upon the owner of such animal, if known, such notice to be mailed at least two (2) days prior to the posting of the notice of impounding hereinafter provided.
(Ord. No. 3890, § VI, 5-21-01)
11-0204. Hearing--Conduct generally; trial alternative.
If notice shall be served or posted as aforesaid, three (3) days before the day therein named for such hearing, then the said complaint shall be set for hearing or trial at the time and place mentioned in said notice. The city shall be plaintiff and the owner or "unknown owner" of the animals impounded, defendant in such case or trial. Either party shall be entitled to a trial by jury upon the same conditions and in the same manner, as near as may be in other cases before said courts.
11-0205. Same--Default at.
If the owner shall fail to appear at the time and place of hearing or trial, the owner's default shall be entered and a hearing may be had before the court as in other cases of default.
11-0206. Same--Appearance at.
If, at the time set for hearing, it should appear that the animals named in the notice are owned by two (2) or more persons, the hearing shall be separate, but the notice aforesaid shall be sufficient.
11-0207. Trial and judgment.
Trial of any such complaint shall be conducted as near as practicable as other trials in such court, and if the owner or "unknown owner" of such animals be convicted of a violation of the provisions of this article, then judgment shall be rendered against the owner for the fine or penalty, fees, costs, and charges provided herein, and the court shall also make an order directing a community service officer to forthwith proceed and sell such animals to pay such fine or penalty, costs, and charges aforesaid.
(Ord. No. 3890, § VII, 5-21-01)
11-0208. Sale of impounded animals--Notice.
Immediately upon receipt of such order a community service officer shall proceed to sell said animals at public auction at the pound where they are impounded, by first giving ten (10) days' notice of said sale by posting the same at the door of the pound where such animals are impounded, which notice shall specify the time and place of such sales; a general description of the animals to be sold; an officer shall also cause such notice to be published once in a newspaper published in the city at least five (5) days previous to the time of sale; provided, that in case of the sale of any swine, sheep, or calves, it shall not be necessary to publish such notice as aforesaid, but written notice, posted as aforesaid, shall be sufficient notice of such sale.
(Ord. No. 3890, § VIII, 5-21-01)
11-0209. Same--Disposition of proceeds.
All sales made under the provisions of the foregoing section shall be for cash in hand, and the sale may be adjourned from day to day for good cause. Out of the proceeds of the sale a community service officer shall retain all fines or penalties mentioned herein, and pay over the same to the city auditor who shall receipt therefor, and all fees and charges that may be accrued in pursuance hereof against any animal so sold, and any balance that may remain the officer shall pay to the city auditor for the use of the owner of such animal or animals.
(Ord. No. 3890, § IX, 5-21-01)
11-0210. Trespassing animals; who may impound.
Any and all animals which shall at any time be found trespassing within any enclosure within the limits of the city, surrounded by good and sufficient fence, shall be liable to be taken up and restrained by the owner or occupant of such enclosure, a child, servant or agent of the owner or occupant, and to be driven to the pound and it shall be the duty of the community service officer to receive the same into the pound, to be there dealt with and disposed of in the same manner as though the same had been found at large, contrary to the provisions hereof.
(Ord. No. 3890, § X, 5-21-01)
11-0211. Breaking into pound.
No person or persons shall in any manner molest, injure, or break open any city pound, or any pound belonging to or erected by the city, within the limits of same, nor shall aid or assist, abet, or advise any person or persons to molest, injure, or break open any such pound or any person or persons who shall let out or rescue, nor aid or assist or abet in letting out or rescuing any animal or animals which may be impounded in any such pound.
11-0212. Resisting community service officer.
No person or persons shall hinder, delay, resist, or obstruct any community service officer or other person engaged in taking or driving to the pound any animal or animals liable to be impounded under the provisions hereof.
(Ord. No. 3890, § XI, 5-21-01)
11-0213. Releasing animals.
No person or persons shall open, let down, break down, tear down, or injure, or shall aid, assist, or advise in opening, letting down, breaking down, tearing down, or injuring any gate, bars, fence, yard, shed, stable, barn, or other enclosure or building of any person whereby any animal or animals belonging to any other person shall get out or escape from any building or enclosure.
11-0214. Cruelty to animals.
(1) It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, abuse, or cruelly beat, strike, or abuse any animal, or by an act, omission, or neglect, cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals. Any unwanted animals should be delivered to the humane society for proper disposal. It shall be unlawful for any person in charge of any animal to fail, refuse, or neglect to provide such animal with food, potable water, shade or shelter, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner.
(2) As used in this section:
(A) Shade shall mean protection from the direct rays of the sun during the months of June through September.
(B) Shelter as it applies to animals, shall mean a moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat, made of durable material with a solid floor raised at least two (2) inches from the ground and with the entrance covered by a flexible, wind-proof material. Such structure shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness.
11-0215. Animals and fowl; nuisance, defined and prohibited.
The keeping of any animal or fowl which causes annoyance, disturbance or offense to persons residing in, or passing through the neighborhood, either by reason of:
(1) Barking, howling, braying, crowing, or other sound common to its species; or
(2) Biting, threatening, chasing or molesting persons upon the public sidewalks or streets, or the property of persons other than the owner; or
(3) By reason of the failure of the owner to maintain all structures, pens, coops or yards wherein any animal or fowl is kept, in a clean and sanitary condition devoid of rodents and vermin, and free from all objectionable odors; or
(4) Keeping any animal or fowl in violation of any provision of this section is hereby declared to be a nuisance and the keeping or maintaining of such nuisance is hereby prohibited. Each day's continuance of such nuisance shall be a separate offense.
11-0216. Prohibited animals.
No swine, cattle, horses, mules, sheep, goats, or other hard-hoofed animals shall be kept by any person within the city, except:
(1) For industrial uses in industrial districts as provided by Chapter 18.
(2) Registered purebred miniature Vietnamese potbelly pigs and other similar registered purebred miniature pigs provided that the miniature pig shall not exceed one hundred (100) pounds and no more than two (2) miniature pigs, six (6) months of age or older, shall be allowed in any single family dwelling. All miniature pigs shall be maintained under restraint as provided by section 11-0121. The owner of any miniature pig shall further comply with the provisions of section 11-0125.
(Ord. No. 3212, § 1, 7-6-92)
11-0217. Domestic fowl.
(1) It shall be unlawful for the owner, keeper, or custodian of chickens, ducks, geese, turkeys, pigeons, or other domestic fowl to permit or allow the same to run at large within the limits of the city.
(2) No such fowl shall under any circumstances be kept within an enclosure within the city at a distance less than seventy-five (75) feet from any dwelling house without the written consent of the owner or tenants of said dwelling.
(3) The keeping of any such fowl which cause unpleasant odors, or the noise from which is an annoyance to persons in the vicinity, or which attract vermin, or which are a hazard or danger to the health of persons living nearby, at a distance less than two hundred (200) feet from any dwelling house is declared to be a public nuisance.
(4) Any person who owns or keeps at any time within the limits of the city any fowl of any kind declared to be a public nuisance within ten (10) days after notice thereof shall be deemed guilty of maintaining a public nuisance. Each days' continuance of such nuisance shall be a separate offense.
11-0218. Trapping within city limits.
(1) No person shall set, lay, or prepare any trap or mechanical device anywhere within the city limits that is capable of killing, injuring, or maiming any person, domestic animal, or wildlife. No owner or person having the care, custody, or control of any dwelling, building, or other structure shall permit such a trap or device to be set or to remain set on the premises inside or outside such dwelling, building, or structure.
(2) The provisions of this section do not apply to the following:
(A) Representatives of the city, county, state, federal government, or licensed pest control operators while in the course of their official duties and a more humane trap is not available.
(B) The use of any trap specifically designed to kill rats, mice, gophers, or moles, with the consent of the owner or occupant of the property where the trap is set.
(C) The use of cage type live traps employed for the control of nuisance animals as long as such traps are tended each twelve (12) hours.
(3) Any person, firm, or corporation violating any provision of this section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. No. 3249, § 1, 12-21-92)
ARTICLE 3. DANGEROUS ANIMALS
11-0301. Definitions.
(1) "Dangerous animal" as the term is used in this section means:
(A) Any animal known to its owner or harborer to have a propensity, tendency, or disposition to attack, bite, cause injury or to otherwise endanger the safety of or menace human beings or domestic animals; or
(B) Any animal which attacks, bites, or injures a human being or another domestic animal one (1) or more times without provocation; or
(C) Any animal which, when unprovoked, in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or
(D) Any animal owned or harbored primarily or in part for purposes of fighting or any animal trained for fighting; or
(E) Any animal not licensed according to state and/or city law; or
(F) Any animal certified by a doctor of veterinary medicine licensed within the State of North Dakota, after observation thereof, as posing a danger to human life or property if not kept in the manner required by this article; or
(G) Any animal which has been determined to be dangerous by the city council or municipal court under this article.
(2) Notwithstanding the foregoing, no animal may be found or declared dangerous if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, abusing, or assaulting the animal or was committing or attempting to commit a crime.
(3) No animal may be found or declared dangerous if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, taunting, abusing or assaulting the animal. No animal may be declared dangerous if the animal was protecting or defending a human being within the immediate vicinity of the animal from an attack or assault. No animal may be deemed dangerous if the animal was protecting or defending its young offspring.
(Ord. No. 3955, § XVIII, 12-2-02)
11-0302. Prohibition and control of dangerous animals.
Except as permitted hereinafter, it shall be unlawful for any person to own, keep or harbor a dangerous animal within the city limits.
11-0303. Confinement of dangerous animals.
(1) No person owning or harboring or having the care or custody of a dangerous animal shall suffer or permit such animal to go unconfined outdoors on the premises of such person. A dangerous animal is "unconfined outdoors" as the term is used in this section if said animal is not securely confined indoors or confined in a securely enclosed and locked pen, kennel, or fenced enclosure upon the premises of said person. Such pen, kennel, or fenced enclosure must also have sides at least six (6) feet high, and a securely attached top. If the pen or structure has no bottom or floor securely attached to the sides, the sides must be imbedded into the ground no less than one (1) foot. The pen, kennel, or fenced enclosure must be constructed in a manner to prevent escape by the animal and to prevent access by young children.
(2) All structures erected to house a dangerous animal shall comply with all zoning and building requirements and regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) No person owning or harboring, or having the care or custody of a dangerous animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is maintained in the manner as hereinbefore set forth or unless such animal is securely muzzled, harnessed, leashed and restrained with an unbreakable chain, leash or cord having a minimum tensile strength of three hundred (300) pounds and not exceeding four (4) feet in length, and shall be under the direct control and supervision of the owner or keeper of the animal.
(4) All owners, keepers, or harborers of any dangerous animal shall display in a prominent place on their premises, and at each entrance or exit to the area where such animal is confined, a sign warning that there is a dangerous animal on the premises.
(5) No person shall own or harbor any animal for the purpose of fighting, or training, tormenting, badgering, baiting, or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals except as hereinafter provided.
(6) No dangerous animal shall be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such structure on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open, or when such windows or screen doors are the only obstacle or obstruction preventing the animal from exiting the structure.
(7) Any person harboring or owning a dangerous animal and not adhering to the provisions of this article shall immediately remove said animal from the city or have the dangerous animal impounded until compliance with provisions of this article are met or until arrangements are made to remove the animal from the city.
(8) All owners, keepers, or harborers of dangerous animals shall present to the city auditor proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by such dangerous animal for a period not less than twelve (12) months, which policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of the city auditor or other licensing authority where such animals are licensed to be notified by the insurance company of any cancellation, termination, or expiration of the liability insurance policy.
(9) The owner or keeper of any dangerous animal shall sign a statement attesting that:
(A) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which said insurance is provided, unless the owner or keeper shall cease to own or keep the dangerous animal prior to expiration of said policy, or said policy is replaced by a newly issued policy.
(B) The owner or keeper shall have an enclosure for the dangerous animal on the property where the dangerous animal will be kept or maintained.
(C) The owner or keeper shall notify the police department within twenty-four (24) hours if a dangerous animal is on the loose, is unconfined, has attacked another domestic animal, or has attacked a human being.
(10) The police department and community service officers are hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article, and any such officer is hereby empowered to seize and impound any dangerous animal whose owner or keeper fails to comply with the provisions hereof.
(11) Upon such attack or assault, a community service officer or the police department is hereby empowered to confiscate and destroy such dangerous animal if the conduct of such dangerous animal or its owner or keeper constitutes a violation of the provisions of this article, punishable by the confiscation and destruction of the animal. However, notwithstanding the foregoing, no animal shall be destroyed within five (5) days of being impounded, exclusive of Sundays and holidays.
(12) If the owner or keeper of an animal impounded for an alleged violation of this section shall believe that there shall not have been a violation of such section hereof, such owner or keeper may petition the Municipal Court for the County of Grand Forks praying that the impounded animal not be destroyed. The impounded animal shall not be destroyed pending resolution of such owner's or keeper's petition, if the petition shall have been filed within five (5) days of impoundment of such animal and notice shall have been served within five (5) days of the impoundment of such animal upon the police department.
(13) In the event that a community service officer or the police department has probable cause to believe that an animal is dangerous, the officer or the chief of police or the designee shall be empowered to issue a citation in order to appear before the municipal court for the purposes of determining whether or not the animal in question should be declared dangerous. The community service officer or chief of police shall conduct or cause to be conducted an investigation and shall notify the owner or keeper of the animal that a hearing will be held, at which time he or she may have the opportunity to present evidence why the animal shall not be declared dangerous.
(14) In the event that a community service officer or the police department has probable cause to believe that the animal in question is dangerous and may pose a threat of serious harm to human beings or other domestic animals, the officer or police department may seize and impound the animal pending the aforesaid hearings. The owner or keeper of the animal shall be liable to the city for the costs and expenses of impounding such animal.
(15) It shall be unlawful for the owner, keeper, or harborer of a dangerous animal to fail to comply with the requirements and conditions set forth in this article. Any animal found to be the subject of the violation of this article shall be subject to immediate seizure and impoundment as hereinbefore provided. In addition, failure to comply shall be an offense punishable with a fine as hereinafter provided.
(16) In addition to those persons specified herein, any person may file a petition with the city council or a complaint with the municipal court to determine, declare, or find an animal dangerous as defined herein.
(Ord. No. 3890, § XII, 5-21-01; Ord. No. 3955, § XIX, 12-2-02)
11-0304. Exemptions.
The provisions of this article shall not apply to K-9 or other dogs owned by any police department or any law enforcement agency or officer which are used in the performance of police work.
11-0305. Violations.
Any person violating or permitting the violation of any provision of this article shall, upon conviction in municipal court, be found guilty of an infraction and fined a sum not more than five hundred dollars ($500.00). In addition to the foregoing penalty, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.
Minot, North Dakota
Code of Ordinances City of Minot North Dakota
ARTICLE I. IN GENERAL*
ARTICLE II. DOGS AND CATS*
DIVISION 1. GENERALLY
DIVISION 2. LICENSES
DIVISION 3. IMPOUNDMENT
ARTICLE III. COMMERCIAL RAISING OF ANIMALS*
ARTICLE I. IN GENERAL*
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*Editor's note: Ord. No. 2659, § 1, enacted Sept. 4, 1984, repealed former Arts. I and II, containing general provisions relative to animals, pertaining to the animal warden and dealing with the licensing and impounding of dogs and cats, and enacted in lieu thereof new Arts. I and II. Former Arts. I and II were derived from Rev. Gen. Ords. 1962, §§ 7-0303, 7-0307, 15-0101, 15-0103--15-0112, 15-0202, 15-0203, 15-0301, and Ord. Nos. 1348; 1383; 1721; 1902; 2239; 2267; and 2602.
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Secs. 7-1--7-4. Reserved.
Sec. 7-5. Keeping of certain animals prohibited; exception.
(a) No person shall keep or maintain within the corporate limits of the city any of the animals named hereafter:
(1) Alligators;
(2) Bears;
(3) Bees;
(4) Cattle;
(5) Coyotes;
(6) Crocodiles;
(7) Felines other than domestic house cats;
(8) Foxes;
(9) Goats;
(10) Horses;
(11) Mules;
(12) Rabbits;
(13) Raccoons;
(14) Scorpions;
(15) Sheep;
(16) Skunks;
(17) Snakes;
(18) Swine;
(19) Wolves; and
(20) Any other poisonous or venomous animal.
(b) This section shall not apply to:
(1) The Minot Park District;
(2) Animals while being used in a theatrical production, parade or circus;
(3) Non-venomous snakes or rabbits kept under the authority of a permit issued by the city animal warden upon showing satisfaction to him that the animals are being kept for a bona fide educational purpose and that is the animals were to escape captivity they would present only a nuisance and not a danger to the public. The permit may be conditioned upon continued observation by the permittee of such reasonable limitations as the animal warden considers to be proper to protect the public health, safety and welfare.
(Ord. No. 2659, § 1; Ord. No. 2836, § 1; Ord. No. 3116, § 1)
Sec. 7-6. Keeping of fowl prohibited; exception.
No person shall keep fowl of any kind or pigeons within the city, except in those commercial zones where such animals are kept for sale.
(Ord. No. 2659, § 1; Ord. No. 3655, § 1)
Sec. 7-7. Cruelty to animals.
No person in the city shall torture or cruelly treat any animal.
(Ord. No. 2659, § 1)
Sec. 7-8. Failure to provide food and shelter.
No person in the city shall fail to provide any animal in his charge or custody with necessary food, drink, and protection from the elements.
(Ord. No. 2659, § 1)
Sec. 7-9. Abandonment.
No person in the city shall abandon any animal.
(Ord. No. 2659, § 1)
Sec. 7-10. Animal fights.
No person in the city shall maintain any place where fowl or animals are suffered to fight as an exhibition or for sport upon any wager.
(Ord. No. 2659, § 1)
Sec. 7-11. Killing and molesting certain birds.
No person in the city shall shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner, molest or injure any nondomesticated bird, except pigeons; nor in any manner molest or injure the nest eggs or young of any such bird; nor have in his possession the nest eggs, the young or body of such bird.
(Ord. No. 2659, § 1)
Sec. 7-12. Indecent exhibition of animals.
No person in the city shall exhibit any stud horse or bull or other animal indecently, nor shall any person let any male animal to any female animal unless it is done in some place wholly enclosed and out of public view.
(Ord. No. 2659, § 1)
Sec. 7-13. Unattended animal in motor vehicle.
No person shall leave an animal unattended in a motor vehicle in a manner as to, or under circumstances which, endanger its health or safety. As provided in NDCC 36-21.1-06, any police officer may use reasonable means to enter a motor vehicle and to remove an animal that has been left in the vehicle in violation of this section.
(Ord. No. 3054)
Sec. 7-14. Trapping of animals.
(a) No person shall enter upon land not owned by him, whether privately owned or publicly owned, for the purpose of trapping animals without first obtaining the permission of the owner or tenant of the land. For purposes of this section, the term "land" includes land submerged by the Mouse River, which land to the center of the river is owned by the respective adjacent landowners. (See NDCC 47-01-15.)
(b) No person shall operate an animal trap which is so designed or constructed that it might injure a human being who inadvertently comes upon it without conspicuously posting and thereafter maintaining a suitable notice reasonably designed and located so as to alert a person of common intelligence and understanding as to the presence of the trap and the dangers presented thereby.
(c) If a person establishes a trap is such a place that there is a substantial likelihood that the trap will capture a domesticated animal, then the trap employed must be a commercially manufactured live catch trap, which allows for the uninjured release of the animal. The trap must be so located as far as practical to protect captured animals from the elements. The trapper shall not allow a captured animal to remain therein an unreasonable period of time. The trapper shall turn over to the city animal warden any domesticated animal captured.
(d) Nothing herein shall be construed as attempting under home rule authority to supersede applicable state laws governing the same subject matter to the extent that the state law is more restrictive.
(Ord. No. 3116, § 2)
Sec. 7-15. Limitation of number of animals; permit to exceed limitation.
(a) No person shall harbor or keep more than ten (10) animals, of which ten (10) animals no more than four (4) may be cats or dogs, or a combination of dogs or cats, upon premises within the city which are owned or controlled by him, unless a permit is obtained pursuant to the subsections which follow.
(b) The city council may grant a person a permit to exceed the numerical limitations imposed by subsection (a), but such permit may not waive a prohibition on the harboring or keeping of a type or kind of animal, which prohibition is imposed outside of this section. The permit shall specify the number and kind of animals, which the permitee may harbor or keep, subject to such limitations and conditions as the council may impose. The permit shall attach to the premises to which it relates and shall be personal to the permitee and may not be transferred.
(c) In determining whether a permit shall issue or not, the council shall consider:
(1) The area in square footage of the premises to which the permit relates;
(2) The proposed facilities to house the animals and to provide them with an exercise area;
(3) The propose sanitation measures the permittee will employ;
(4) The size and customary habits of each type of breed of animal sought to be kept;
(5) The proximity, type, and configuration of residences surrounding the place where the animals are to be housed;
(6) The past history of the applicant with regard to violations of this chapter and generally with regard to providing sanitary and humane care for animals; and
(7) Any other factor reasonably likely to affect adversely the persons who live, work, visit or transact business in close proximity to the proposed permit area.
(d) An application for a permit under this section shall be made to the police department and shall be accompanied by a nonrefundable fee of fifteen dollars ($15.00). The chief of police is empowered to establish an application form and to require the applicant to submit such information, under oath, as the chief may reasonably deem necessary to accomplish the purposes of this section. In addition, he may conduct an inspection of the premises for which the permit is sought. Upon completing whatever investigation of the application he deems necessary, he shall forward his recommendations to the city council which shall not take final action on the permit application until conducting a public hearing thereon. Notice of the public hearing shall be provided to residents and landowners adjoining the premises to which the applications relates in such a manner as the council may direct, and in addition the council may provide for a notice to the public generally.
(e) The chief of police, upon the complaint of any interested person, may seek to revoke a permit for the willful or negligent breach or nonobservance by the permittee of any of its terms or conditions. The city manager shall hear and determine the application of the chief of police to revoke a permit and in so doing, he shall provide the permittee with reasonable prior notice of the hearing and an opportunity to be heard thereat, as well as all procedural rights and safeguards as may be required under the concept of "due process" established under federal and state constitutional law.
(f) The willful violation of any permit term or condition shall be an offense punishable under section 1-8 of the Code of Ordinances.
(g) As used in this section, the word "animal" means any animal older than six (6) months of age, and does not include fish.
(Ord. No. 3116, § 3; Ord. No. 3655, § 2)
Secs. 7-16--7-22. Reserved.
ARTICLE II. DOGS AND CATS*
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*Note: See the editor's footnote to Art. I.
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DIVISION 1. GENERALLY
Sec. 7-23. Definitions.
For purposes of this article, the following words or terms are given the following meanings:
Animal means dog or cat.
At large means without being under the control of a human by means of a leash or lead attached to an animal or by being carried, and without being under effective oral command.
Owner, when used in reference to an animal, means any person owning, keeping, or harboring an animal, and when used in reference to other property, means any person owning or lawfully in control of such property.
Trespass means to enter upon real property without the permission of the owner thereof, or contrary to an express prohibition on entry thereof issued by the owner of the property.
(Ord. No. 2659, § 1; Ord. No. 3116, § 4)
Sec. 7-24. Animals at large prohibited.
No owner of an animal shall allow the animal to run at large upon any public property within the city. No owner of an animal shall allow the animal to run at large upon private property within the city without the permission of the owner of such private property. That an animal was under effective oral command at the time of the claimed offense, and was therefore not running at large, shall be an affirmative defense. That an owner of private property extended permission to an animal to run at large upon his property shall likewise be an affirmative defense.
(Ord. No. 2659, § 1; Ord. No. 3116, § 5)
Sec. 7-25. Destructive and annoying animals declared a nuisance.
An animal within the city is a public nuisance under any one of the following circumstances:
(1) It damages or destroys any property which is not the property of its owner;
(2) Its actions frighten, under a reasonable person standard, any person not on the property of its owner;
(3) Its loud and frequent yelping, barking, howling, or other noise it makes annoys, under a reasonable person standard, any person not on the property of its owner;
(4) It defecates or urinates or does both on property other than that of the owner;
(5) It creates odors which are offensive, under a reasonable person standard, to any person not on the property of its owner;
(6) It causes unsanitary conditions harmful or tending to harm any person or animal; or
(7) It has been officially declared a public nuisance by the first district health unit.
(Ord. No. 2659, § 1; Ord. No. 3116, § 6)
Sec. 7-26. Trespassing animals declared a nuisance.
Any animal which trespasses upon private property is a public nuisance.
(Ord. No. 2659, § 1; Ord. No. 3116, § 7)
Sec. 7-27. Vicious animals declared a nuisance.
Any animal within the city which bites, claws, or otherwise harms a person who was not at the time trespassing on or injuring the property of the owner of the animal is a public nuisance.
(Ord. No. 2659, § 1; Ord. No. 3116, § 8)
Sec. 7-28. Owner or keeper of animal as maintaining nuisance.
Any person who owns or keeps an animal declared to be a public nuisance in sections 7-25 through 7-27 of this chapter, and who shall fail, neglect or refuse to abate the nuisance by destroying the animal, or by removing the animal from the city, or by permanently confining the animal, or by correcting the animal's behavior, whichever shall be necessary to the abatement of such nuisance, shall be deemed guilty of maintaining a public nuisance.
(Ord. No. 2659, § 1)
Sec. 7-29. Citation to animal owner; disposition.
Instead of making a formal arrest for a violation of this chapter committed in his presence, an officer may issue to the person charged a citation containing a notice to answer to the violation or charge in the municipal court at a time no later than thirty (30) days after the alleged violation. Upon promising to appear at the time specified in the citation, the person charged shall be released by the charging officer. If the person so charged refuses to sign the promise to appear he may be arrested or summoned to appear in municipal court. The willful failure of a person to honor his written promise to appear shall constitute a separate offense punishable under section 1-8 of the Code of Ordinances.
(Ord. No. 2659, § 1)
Sec. 7-30. Disposition of nuisance animal.
In the event of a conviction for a failure to abate a nuisance described in this division, the court may order the destruction of the animal unless the owner destroys, permanently confines, corrects the animal's behavior, or removes such animal from the city, as the court may direct, within a reasonable amount of time as set by the court.
(Ord. No. 2659, § 1)
Sec. 7-31. Poisoning domestic pets.
No person in the city shall poison any domestic pet or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any domestic pet. This section shall not apply to a veterinarian acting in the course of his practice.
(Ord. No. 2659, § 1)
Sec. 7-32. Reserved.
Editor's note: Ordinance No. 3116, § 9, adopted Dec. 7, 1992, repealed § 7-32. Formerly, such section pertained to the limitation on the number of dogs and cats and a permit to exceed said limitation, and derived from § 1 of Ord. No. 2659.
Sec. 7-33. Reserved.
Editor's note: Ordinance No. 3116, § 10, adopted Dec. 7, 1992, repealed § 7-33. Formerly, such section pertained to the trapping of animals and derived from § 2 of Ord. No. 2828.
Sec. 7-34. Regulation of pit bull dogs.
(a) "Pit bull dog" is defined to mean:
(1) The bull terrier breed of dog;
(2) Staffordshire bull terrier breed of dog;
(3) The American pit bull terrier breed of dog;
(4) The American Staffordshire terrier breed of dog;
(5) A dog of mixed breed or of other breeds than above listed which breed or mixed breed is known as a pit bull, pit bull dog or pit bull terrier;
(6) Any dog which has the appearance and characteristics of being predominantly of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bull, pit bull dog or pit bull terrier, or a combination of any of these breeds.
"Owner" is defined to include someone who keeps or harbors a pit bull dog.
(b) It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Minot, North Dakota, any pit bull dog; provided that a pit bull dog registered with the city on or before the first day of September, 1987 may be kept within the city subject to the conditions and limitations set forth in subsection (c).
(c) The provisions of subsection (b) of this section are not applicable to an owner of a pit bull dog registered with the City of Minot on or before the first day of September, 1987, provided however, the owner owned the dog on or before July 1, 1987. The registration and the keeping of the dog shall be subject to the following conditions and limitations:
(1) Leash and muzzle. No person shall permit a pit bull dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to an inanimate object such as a tree, post, building, etc. In addition, any pit bull dog on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals.
(2) Confinement. The pit bull dog shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. The pen, kennel or structure must have secure sides and a secure top attached to the sides. The structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. A structure erected to house a pit bull dog must comply with all zoning and building regulations of the city. The structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) Confinement indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its own volition. In addition, it may not be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) Signs. The owner of a pit bull dog must display in a prominent place on his premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign must be posted on the dog's kennel or pen.
(5) Insurance. The owner of a pit bull dog must provide proof to the city auditor of public liability insurance in a single incident amount of three hundred thousand dollars ($300,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of the dog. The insurance policy shall provide that no cancellation of the policy will be made unless (10) days written notice is first given to the Minot City Auditor.
(6) Identification photographs. The owner of a pit bull dog must provide to the city clerk two (2) color photographs of the animal clearly showing the color and approximate size of the animal.
(7) Reporting requirements. The owner, keeper or harborer of a pit bull dog must within ten (10) days of the incident, report the following information in writing to the city clerk as required hereinafter:
a. The birth of offspring to the pit bull dog;
b. The new address of a pit bull dog owner should the owner move within the corporate city limits.
(d) No person shall sell, barter, or in any other way transfer a pit bull dog registered with the city to any person within the city unless the recipient resides permanently in the same household as the registered owner of the dog; provided that the registered owner of a pit bull dog may sell or otherwise transfer a registered dog or the offspring of the dog to persons who do not reside within the city.
(e) All offspring born of a pit bull dog registered with the city must be removed from the city within six (6) weeks of birth.
(f) There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by [subsection 1 of] this section is in fact a dog subject to the requirements of this section.
(g) Failure to comply. It shall be unlawful for the owner of a pit bull dog registered with the City of Minot to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.
(Ord. No. 2844, § 1)
Editor's note: Ord. No. 2844, § 1, adopted Aug. 3, 1987, amended the Code by enacting provisions to be included as § 7-33. Inasmuch as a previous ordinance designated provisions as such, the provisions of Ord. No. 2844 have been numbered as § 7-34.
Secs. 7-35, 7-36. Reserved.
DIVISION 2. LICENSES
Sec. 7-37. Required; exceptions.
(a) It shall be unlawful for any person to keep, own, or harbor within the city any dog six (6) months or older or any cat six (6) months or older without first obtaining a license for the dog or cat and complying with the provisions of this division.
(b) The license requirement under subsection (a) shall not be required for any government service dog; or any animal held temporarily at pet shops, veterinary clinics, or the Souris Valley Humane Society; or any animal not within the city for more than thirty (30) days within any twelve-month period.
(Ord. No. 2659, § 1)
Sec. 7-38. Proof of inoculation for rabies prerequisite to license; reinoculation.
No license shall be issued for any dog or cat unless there shall first have been presented to the city proof in the form of a veterinarian's certificate or affidavit that the animal has been inoculated with rabies vaccine within a period of two (2) years prior to the date of application for the animal license.
(Ord. No. 2659, § 1)
Sec. 7-39. Fees; exception; proration.
(a) The owner or keeper of any animal shall pay a fee to the city for a license required by this division as follows:
(1) Five dollars ($5.00) for a dog or cat which dog or cat has been spayed or neutered; or
(2) Fifteen dollars ($15.00) for any other dog or cat.
(b) The fee required under subsection (a) shall not be required for a trained animal for a handicapped individual.
(c) The fee set forth herein shall be for a license issued for two (2) years. If the term of the license is less than two (2) years by virtue of section 7-41 the fee shall be prorated to the nearest quarter of a year.
(d) If a license is issued by a private person who is not an employee of the city, who the city has deputized to issue licenses, the license fee shall be increased by one dollar and fifty cents ($1.50) which such private person may keep as compensation for the work involved in issuing the license.
(Ord. No. 2659, § 1; Ord. No. 3116, § 11)
Sec. 7-40. Owner to carry burden of proof as to whether animal is spayed or neutered.
The burden of establishing by way of veterinarian certificate or affidavit, that any animal has been spayed or neutered shall be upon the owner of the animal.
(Ord. No. 2659, § 1)
Sec. 7-41. Duration of license.
A license issued under this chapter shall expire two (2) years after the date when the animal to which it relates was last inoculated for rabies.
(Ord. No. 2659, § 1)
Sec. 7-42. Reserved.
Sec. 7-43. Refunds and transfer of license prohibited.
No refund of any license fee required by this division shall be made upon the death of the animal or the removal of the animal from the city. A tag issued for an animal shall not be transferable to any other animal, and if a tag is transferred to an animal for which the license was not issued, the animal found wearing the license tag shall be immediately impounded as an unlicensed animal and handled in accordance with the provisions of this article relating to unlicensed animals.
(Ord. No. 2659, § 1)
Sec. 7-44. Tag to be affixed to collar.
Each owner or keeper of an animal shall cause the license tag issued by the city to be affixed to a collar and the collar shall be securely fastened about the neck of the animal licensed. The owner of the animal shall see that the collar is constantly worn.
(Ord. No. 2659, § 1)
Secs. 7-45, 7-46. Reserved.
Sec. 7-47. Fraudulent licenses.
It shall be unlawful for any person, with the intention to defraud to the city of the collection of a license fee, to put a collar with tag attached around the neck of any animal without having first paid the license fee required by this division.
(Ord. No. 2659, § 1)
Secs. 7-48--7-54. Reserved.
DIVISION 3. IMPOUNDMENT
Sec. 7-55. Reserved.
Sec. 7-56. Impoundment.
Any animal in violation of this chapter may be subject to impoundment. An impounded animal shall be held for at least three (3) business days unless earlier redeemed.
(Ord. No. 2659, § 1)
Sec. 7-57. Redemption of impounded animal; conditions.
(a) If the identity of the owner of an animal which is impounded is known, or becomes known or is ascertainable through a tag worn by the animal, the owner shall be notified by mail, telephone, or personally, immediately. Subject to subsection (b), if within three (3) business days of the impoundment, the owner or keeper claims the animal and pays to the city the fees required by this division, the animal shall be returned to the owner or keeper.
(b) If the impounded animal is a dog or cat which has been impounded previously, it shall not be released unless it has been spayed or neutered. If the lack of spaying or neutering prohibits the release of the animal under the prior sentence, the person seeking its release may arrange for its spaying or neutering, and if such arrangements are made within the time provided in section 7-59 for the redemption of an animal, the time allowed for redemption of the animal shall be extended accordingly. Arrangements for spaying or neutering shall consist of paying the fee established by the city council for such services.
(Ord. No. 2659, § 1; Ord. No. 3116, § 12)
Sec. 7-58. Fee for redemption of impounded animals.
(a) In any case where an animal is impounded, the owner or keeper claiming the animal shall pay to the city the license fee for the animal, if any, plus an impounding fee and a fee for the care and maintenance of the animal while in custody, as established by the city council.
(b) The impounding fee for an animal for the first impounding shall be twenty dollars ($20.00).
(c) In the event an animal is impounded a second time, the impounding fee shall be thirty dollars ($30.00).
(d) In the event an animal is impounded a third or subsequent time, the impounding fee shall be fifty dollars ($50.00).
(Ord. No. 2659, § 1; Ord. No. 3116, § 13)
Sec. 7-59. Disposition of unredeemed animal.
If an animal which is impounded is not redeemed within three (3) business days after placing the animal in the pound, the city shall cause the animal to be destroyed in as painless and humane a manner possible, or shall deliver the animal to any person not a resident of the city upon payment of the fees established by this division for keeping the animal or to any resident of the city upon the payment of the fees for taking and impounding the animal plus the payment of the standard license fees for the animal. The delivery of the animal to a person other than the owner shall be in accordance with the provisions of this code pertaining to the sale of abandoned property.
(Ord. No. 2659, § 1)
Sec. 7-60. Emergency destruction of impounded animal.
Notwithstanding anything in this division to the contrary, if the animal control officer certifies in writing that an impounded animal's behavior is such that it may endanger the persons in whose charge it is placed during the impoundment, and a licensed veterinarian endorses or confirms this finding in writing, the animal may be destroyed forthwith, provided that such destruction is accomplished in as painless and humane manner as possible.
(Ord. No. 3116, § 14)
Sec. 7-61. Animals suspected of being rabid.
If the city has a reasonable suspicion to believe a domestic animal has rabies, it shall be impounded for a minimum of ten (10) days with there being no right of redemption during the impoundment period. For purposes of the prior sentence, reasonable suspicion shall include, but not be limited to, evidence tending to establish that an animal, without provocation, has bitten a human and the refusal or inability of the owner or person in charge of such animal, after having been given a reasonable opportunity to do so, to provide satisfactory proof that the animal has been inoculated with a rabies vaccine within a period of twenty-four (24) months immediately preceding the biting incident.
(Ord. No. 2659, § 1; Ord. No. 3192, § 1)
Secs. 7-62--7-70. Reserved.
ARTICLE III. COMMERCIAL RAISING OF ANIMALS*
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*Editor's note: Section 1 of Ord. No. 3004, adopted Dec. 3, 1990, repealed former Art. III, §§ 7-71--7-74, pertaining to commercial raising of rabbits, and added a new Art. III, §§ 7-71 and 7-72, to read as herein set out. Former Art. III originated from Ord. No. 1903.
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Sec. 7-71. Definitions.
The term animal raising business shall be construed to include any establishment where live animals (other than birds or fish) which are not prohibited from being kept within the corporate limits of the city are raised, bred, housed, sold or otherwise disposed of for hire or for profit.
(Ord. No. 3004, § 1)
Sec. 7-72. Location.
Except for dogs and cats, an animal raising business may not be located in a district zoned residential under the zoning ordinance nor within fifty (50) feet of a residence.
(Ord. No. 3004, § 1)
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