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misdemeanor. The Court upon a finding of the defendant's guilt hereunder, is authorized <br />to order, as part of the disposition of the case, that the animal be destroyed based on a <br />written order containing one or more of the following findings of fact: <br />a. The animal is dangerous as .demonstrated by a vicious attack, an <br />unprovoked attack, an attack without warning, or multiple attacks; or <br />b. The owner of the animal has demonstrated an inability or <br />unwillingness to control the animal in order to prevent injury to <br />persons or other animals. <br />If the Court does not order the destruction of the dog, the Court, as an alternative, may <br />order the defendant to provide, and show proof to the Court of public liability insurance <br />in the minimum amount of $300,000.00, <br />Subd. 18. Stopping an Attack. If any Police Officer or Animal <br />Control Officer is witness to an attack by a dog upon a person or another animal, the <br />Officer may take whatever means they deem appropriate to bring the attack to an end and <br />prevent further injury to the victim. <br />Subd: 19. Dogs Disturbing the Peace. It shall be unlawful for any <br />person to own, keep, have in possession, or harbor any dog which howls, yelps, or barks <br />to the reasonable annoyance of another person or persons. Any person violating this <br />section, who upon first requested by a Police officer or Animal Control Officer to stop or <br />prevent the annoyance, and refuses to comply with the request will be issued a citation or <br />arrested in accordance with 1Vlinnesota Rules of Criminal Procedure, and, if the Officer <br />deems it necessary to stop the annoyance, may have the dog taken to the City animal <br />pound. Any dog placed in the pound may be reclaimed by the owner upon payment of <br />the. fee prescribed in Subd. 9, and if not reclaimed may be disposed of in the manner <br />provided in Subd. 11. <br />Subd. 20. Removal of Excrement.. It is unlawful for any person who <br />owns or has custody of a dog to cause or permit such animal to defecate on any private <br />property without the consent of the property ovv~ier or on any public property unless such <br />person immediately removes the excrement and places it in a proper receptacle. The <br />provisions of this section shall not apply to seeing-eye dogs under the control of a blind <br />person or dogs while being used in City Police-activity. <br />Historical Note <br />Ord. #99-16 amended §5.09.03 (Dog <br />Regulations) providing for administrative kennel <br />licenses to keep 3 dogs on a property, and amending or <br />adding definitions for commercial dog kennel, private <br />dog kennel, boarding,. dog, and dog owner. Effective <br />December 23,.1999. <br />-164- <br />