SECTION I. Definitions. The following terms as used in this section shall have the meanings stated:
A. Cats and dogs wi II hereinafter be referred to as pets.
B. The term "owner'· means any person owning, harboring or keeping a pet.
C. The term ·'running at large•· of pets means permitting any pet to go on or about the streets or other public places, or any other places, except the premises of the owner and excepting when such pet is in an automobile or under similar confinement, or when on a leash and under the control of persons accompanying such pet.
D. The term ·'harborer•· means any person who has the custody of any pet or permits any pet to be kept or allows any pet to stay on or about his premises.
SECTION 2. Running at Large Prohibited.
It is a petty misdemeanor for any person who is the owner, or other person who is the owner or other person in possession of a pet to permit such pet to run at large.
SECTION 3. License Required.
It is a petty misdemeanor for any person to own, harbor or keep any pet over the age of six (6) months without obtaining a license therefore from the city.
SECTION 4. Application.
Application for a pet license shall be a form supplied by the city. The applicant shall present a certificate from a licensed veterinarian showing that the pet has been vaccinated for rabies not more than three (3) years prior to the date of the application and if the application is for an initial license for an neutered pet, a statement from the licensed veterinarian that such pet has been neutered.
SECTION 5. Period and Fee.
All pet licenses are here are lifetime tags. The lifetime fee for each pet license shall be $25.00.
SECTION 6. Tag Required.
All licensed pets shall wear a collar and have a tag firmly affixed thereto evidencing its registered number. Pet licenses shall not be transferable and no refunds shall be made on any pet license fee because ofleaving the city or death of the pet.
SECTION 7. Animal Pound.
Any pet found in the city without a tag, or running at large, shall be placed in the animal pound and the pound master shall keep an accurate record of the time of such placement of each pet. Every pet so placed in the animal pound shall be retained for a period of five (5) days, Sundays and legal holidays excepted, and if unclaimed, may be humanely destroyed and the carcass disposed of or placed in the custody of a person deemed to be a responsible or suitable owner and who consents to comply with the provisions of this section.
SECTION 8. Disturbing the Peace.
It is a petty misdemeanor for any person, as owner or possessor of a pet, to suffer or permit such pet to disturb the peace and quiet of the neighborhood by barking, howling, whining or making any other loud and unusual noise.
SECTION 9. Vicious and Unsafe Pets.
Any vicious pet or any pet which cannot be safely taken up and impounded may be summarily immobilized or disposed of, and any police officer of the City is hereby authorized and empowered to immobilize or dispose of any pet when the same is found running at large.
SECTION 10. Setback.
A. It shall be a petty misdemeanor for the harborer to have an animal attached to a stationery leash on the premises of the harborer that allows the animal to come within a distance of IO feet from any public sidewalk or public street.
8. A harborer must keep a potentially dangerous dog as defined in Sec. 14, Subd. 2 below or the current definition of Minn. Stat. Sec. 347.50, after the owner has received written notice from the City that the dog is potentially dangerous, within a proper enclosure that is a distance of20 feet from any public sidewalk, public street or alley and a distance of IO feet from any neighboring property line. A ·'proper enclosure" means securely confined indoors or in a securely enclosed and locked pen, kennel or similar structure with cement floor and enclosed cover suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage or other structure that would allow the dog to exit of its volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting.
C. A violation of Section 12 (b) shall be a petty misdemeanor.
SECTION 11. Penalties.
A. A subsequent violation of the same harborer within one year from the date of a previous conviction of any of the enumerated Sections of 1-12, regardless of whether the animal is same one, shall be a misdemeanor, punishable by a fine not to exceed current maximums for a misdemeanor by state statute, currently $1,000.00 and/or 90 days in jail.
B. Any violation of Sections 1-12 that involves a potentially dangerous dog as defined in Sec. 14, Subd. 2 below or the current definition of Minn. Stat. Sec. 347.50 shall be a misdemeanor if the violation occurs after the owner has received written notice from the city that the dog is potentially dangerous.
C. In addition to the penalties set forth above, an owner, caretaker or harborer of a dog or cat convicted ( or charged if leads to a conviction) of three or more violations of Section 1-12 within one year, may be ordered by the court upon request of the City to either destroy the animal(s) or remove it (them) permanently to a location outside the City of Morton.
SECTION 12. Definitions.
Subdivision I. Dangerous Dog. ··Dangerous Dog'' means any dog that has:
( 1) without provocation, inflicted substantial bodily harm on a human being on public or private property ("Substantial bodily harm'' has the meaning given it under Section 609.02, Subd. 7a)
(2) killed a domestic animal without provocation while off the owner's property; or
(3) been found to be potentially dangerous and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
Subdivision 2. Potentially Dangerous Dog. ·'Potentially Dangerous Dog: means any dog that:
( 1) when unprovoked, inflicts bites on a human or domestic animal on public or private property;
(2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or
(3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
SECTION 13. The City of Morton shall as a matter of policy, aggressively pursue enforcement of Minn. Stat. Sec. 347 et.al. which requires registration and proper enclosure of all dangerous dogs as defined in Section 14, Subdivision 1 above and Minn. Stat. Sec. 347.
SECTION 14. The City of Morton may be enforced by injunction, action for abatement, or other appropriate civil remedy. THIS ORDINANCE shall be effective upon passage and publication. Said Ordinance No. 101-A was updated this 12th day of June 2024.