Midway Dog Ordinance

ANIMAL AND DOG ORDINANCE

Town of Midway St. Louis County, Minnesota Dog & Animal Ordinance No. 02-5 AN ORDINANCE PROVIDING FOR THE LICENSED IDENTIFICATION OF AND THE REGULATION OF DOGS/ANIMALS. ALSO, THE AUTHORIZATION FOR THEIR IMPOUNDING AND SALE OR SUMMARY DESTRUCTION

Section I. In addition to the other duties prescribed in this Ordinance, the Animal Control Officer shall have the power to perform the duties of a Constable as authorized by the Midway Town Board.

Section 2. Law Enforcement Office (Animal Control Officer) is authorized to impound any animal/dog running at large, contrary to the provisions of this Ordinance.

Section 3. The Town of Midway shall impound dogs/animals (board them) in such place as it deems most convenient, or at the Duluth facility.

Section 4. No person shall harbor or keep any dog over three months of age unless it is registered with the clerk of the Town of Midway, and properly licensed. a. Each lifetime license will cost $5.00 and will be issued to the resident on a one dog to one license basis. b. Said license is transferable to a new dog upon loss of the previous dog. c. Replacement tags will be made for the price of materials. d. The provisions of this section shall not be intended to apply to dogs being boarded in an authorized kennel (and not owned by Midway resident), or to a dog being temporarily cared for by a resident of Midway.

Section 5. No person shall harbor or keep any dog which by loud and frequent or habitual barking, yelping, or howling shall cause annoyance to the neighborhood, or to people passing upon the streets (roads), sidewalks, or other public places in the Town of Midway. Section 5a. Habitual barking is defined as a dog barking continually for 15 minimum or more. Frequent barking will not be allowed after 10:00 P.M. If a dog frequently barks after 10:00 P.M., or habitually barks, the Animal Control Officer/Law Enforcement Officer shall issue a warning. Said warning shall notify that the dog is frequently/habitually barking and will result in a fine payable to the Town of Midway. Violators will have an option by accepting an administrative fine, or a District Court summons. Violation: Fine: First Violation: Warning Second Violation: $25.00 Third Violation: $50.00 Fourth Violation: $100.00 Fifth Violation: $100.00 If an owner of a dog continues to allow a dog to habitually bark, the Town Board may order the dog to be impounded & sold or order the owner to remove said animal. If owner is to remove the animal, he/she will have up to 30 days to do so.

Section 6. No person shall harbor or keep any dog which shall cause annoyance to the neighborhood, or to people passing upon the streets (roads), sidewalks, or other public places in the Town of Midway by frequent physical interference with any such people.

Section 7. No person owning or harboring a dog/animal shall permit a dog/animal to run at large. For the purpose of this Ordinance, a dog/animal shall be deemed at large: a. When off the premises of the owner, and not under control of the owner or other responsible person by means of a leash, chain or otherwise. b. When such dog/animal commits damage to the person or property of anyone other than the owner or creates a nuisance upon the property of one other than the owner, except in defense of the owner, his family or property.

Section 8. Law Enforcement Officer and Animal Control Officer have the authority to promptly seize, take up and impound all dogs/animals that may be found running at large contrary to the provisions of this Ordinance. a. For every dog so impounded, there shall be a fine paid to gain release of the dog/animal (The same charge that the Duluth facility charges). 1. Subsequent offenses will be fined by a $10.00 fee plus the boarding fee. 2. There will be a fine of $5.00 extra (above the cost of registration) for a non-registered dog. 3. An impounded dog will be kept for at least 5 days, after time the Animal Control Pound Officer or Law Enforcement Officer will dispose of said dog by an appropriate means....death or sale. 4. Sale will be on permission by the town board, who will receive the monies from such sale. 5. Any mad or hopelessly crippled or seriously injured dog/animal in the Town of Midway be killed by any Animal Control Officer or Law Enforcement Officer, after a reasonable attempt has been made to notify the owner by means of the dog identification license. 6. Any dog known to be treacherous or vicious or any dog that has bitten persons or animals may, if allowed to run at large, may be killed by any Animal Control Officer, or Law Enforcement Officer. b. The Animal Control Officer must notify the owner of an impounded licensed (clearly identified) dog within 24 hours of its impounding.

Section 9. Any person violating the provisions of this ordinance shall, on conviction thereof, be punished by a fine not exceeding $300.00 or imprisonment for a term not exceeding 90 days or both. Failure to comply with the enforcement provisions of the ordinance shall not subject the pound-master, Animal Control Officer or Law Enforcement Officer, or other public officials to the penalties of this Section 9.

Section 10. If owner has a dog tag, the registration fee is $5.00.

Section 11. Animals are also subject to Midway Zoning Ordinance, Article XVIII, Sub. Section 18.08. Section 12. If a resident and/or property owner repeatedly allows their animals to wander off of their properties, or if a resident/property owner continues to allow animals under their control to roam on property that is not properly fenced for control of said animals, the Animal Control Officer may at the officer's determination issue a citation for failure to control animals for animals running at large. Violation: Fine: First Offense: $30.00 Second Offense $75.00 Third Offense $100.00 Resident/owner of dog shall have the option of receiving an administrative fine, or a summons to District Court. Section 13. If a resident/land owner fails to control animals on their property that creates a situation that can be a danger, harassment, or safety issue to the community, the Town Board of Midway will notify the resident/ property owner of this matter and it will be reviewed at the next town board meeting. At this meeting the Animal Control Officer will outline complaints and results of investigation of said complaint. Property owner/resident will then present their statements regarding said violations. The Town Board shall make a determination if the animal(s) are to be removed, or what corrective actions the resident/property owner must comply with to keep said animal(s). ________________________________________ James Aird, Chairman Midway Town Board ________________________________________ Margaret Taylor, Supervisor Midway Town Board ________________________________________ Richard Kari, Supervisor Midway Town Board Attest:_____________________________ Clerk Date:______________________________