Dog and Animal Ordinance NO. 02-5 (click)

          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 AUTHOR-
IZATION 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 minutes
 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.

 Fines: 

    1st Violation                Warning   
    2nd Violation               $  25.00
    3rd Violation                $  50.00
    4th Violation                $100.00
    5th 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 author-
 ity 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
            found in the Town of Midway be forthwith 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.

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). 
            
                             ____________________________
       Earl Elde, Chairman
       Midway Town Board
       ____________________________
       James Aird, Supervisor
       Midway Town Board
       ____________________________
       Margaret Taylor, Supervisor
       Midway Town Board

Attest:_____________________________
            Lois G. Lennartson, clerk

Date:______________________________