Mandan City Commission to Discuss New Dog Ordinance

UPDATE: 8:47 p.m.

Tonight at the Mandan City Commission meeting, Ordinance 1303 was brought forth.

The bulk of the ordinance is definitions: Defining a dog owner, as well as what a dangerous dog is and what it means for a dog to be a nuisance.

That way, it’s easier for law enforcement to know when there has been a violation.

The commission also proposed shortening the leash law. A ten foot leash would no longer be acceptable, dog owners will need to keep their pet within six feet or less of them.

With the new ordinance, a Police Officer is now able to give out citations and a 20 dollar fine to anyone who violates the rules.

To pass an ordinance, it needs to be read in front of the Commission and public twice. The second reading will happen at the next meeting.

The full text is below:

ORDINANCE NO. 1303

An Ordinance to Amend and Re-enact Article 1, Sec. 6-1-1, Article 2, 6-2-1, 6-2-2, 6-2-5 and 6-2-7 of Chapter 6 of the Mandan Code of Ordinances Relating to Animals Be it Ordained by the Board of City Commissioners as follows:

ARTICLE 1. – IN GENERAL Sec. 6-1-1. – Definitions. Animal control authority: An entity authorized to enforce the animal control laws of the City of Mandan, whether acting alone or in concert with other governmental authorities.

ARTICLE 2. – DOGS AND CATS Definitions. Owner: a person who (a) has a right of property or custody of a dog or cat provided that the right is not merely temporary. (b) keeps or harbors a dog or cat other than temporarily; or (c) knowingly permits a dog or cat to remain indefinitely on or about any premises occupied by that person. If a dog or cat customarily returns daily for a period of 7 days to a place and are given food or shelter, the occupiers of that place shall be deemed to be owners.

Sec. 6-2-1. – Restricted Activities. It is unlawful and is declared a nuisance for any person to allow any dog owned by him or under his control for that dog to by loud and frequent yelping, barking or howling, to annoy any reasonable person.: (a) Damages or soils or defecates on private property other than private property owned or occupied by the dog’s owner, or on public walks and recreation ares unless such waste is immediately removed and properly disposed of by the person in charge of the dog; (b) Causes a disturbance by loud and frequent yelping, barking or howling, to annoy any reasonable person. (c) Chases vehicles, or molests, threatens, or interferes with persons or other domestic animals while the latter are on public property, irrespective of whether the dog is on private or public property.

Sec. 6-2-2. – Restraint, Running at large prohibited; dogs to be leashed required. It is unlawful and is declared a nuisance for any person to permit or allow any dog of which he is the owner or keeper to run at large within the city, or for the dog to be free of restraint except within the dog park. Any person who violates this section is guilty of an infraction. (b) A dog shall be considered under restraint if it is (a) within the real property limits of its owner and securely confined thereon by a physical fence; or (b) secured by a leash or lead no more than 6 feet in length being held by a person capable of controlling that dog. A dog that frees itself from its owner’s real property limits, from a leash or lead, or a dog that is in a vehicle in a manner that would not prevent escape or contact with other persons or animals shall be considered as not being under restraint. (c) A dog shall be deemed running at large when off or away from the premises of the owner, possessor, keeper, or member of his immediate family and not under control, either by leash, cord or chain of not more than 12 6 feet in length. (d) Any dog conveyed in an open compartment of any vehicle must be controlled either by being confined in a kennel or by a leash, cord or chain of a length which prevents the animal from reaching the walls or edge of the open compartment. Dogs conveyed within the passenger compartment of any vehicle need not be controlled. (e) Enforcement of this section may be by citation issued by the City enforcement officers carrying a fixed fee of $20.00.

Sec. 6-2-5. – Dangerous/Vicious Dogs. No person shall own, keep, possess or harbor a dangerous or vicious dog within the city. For the purposes of this section, the term “dangerous or vicious dog” is defined and declared to be a dog that has without provocation, bites or attacks human beings or other animals, either on public or private property, or, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon a street, sidewalk, or any public ground or place.: (1) Engaged in or has been trained to engage in exhibits of fighting; (2) Attacked a person or domestic animal without justification or provocation, causing serious bodily harm or death. Serious bodily injury is considered to be laceration to or avulsion of the face of a human being, laceration to or avulsion of another area of a person’s body requiring sutures, resulting in broken or dislocated bones, nerve damage, partial or total loss of use of a part of the body for a significant period of time, or disability of fifty percent or more for a significant period of time.

Sec. 6-2-7. – License required. It is unlawful for any person within the city to keep, maintain or have in his custody or under his control any dog or cat over the age of six months which is not licensed or inoculated against rabies. identified at all times by a microchip or tag that states, at a minimum, the name and address of the owner. Dogs and cats must be inoculated against rabies. A license issued under this article is valid for the duration of the rabies vaccination under which it is obtained and shall expire on the date when the last rabies vaccination of the dog or cat expires. The license must be renewed for so long as the cat or dog is kept within the city by payment of the fee established in this article.

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Four months after a dog attacked and injured a child and her mother, the Mandan City Commission is taking action. 

Tonight at the commission meeting, they will look over a new proposed rule.

The Commission says it has been talking to people in Mandan and have worked hard over the last several weeks in order to come up with stricter laws when it comes to animals. 

As the ordinance looks now, they are not banning any sort of dog breed. 

Instead they’re adding further regulations and giving police officers more flexibility when it comes to citing dog owners. 

Mandan city commission meets tonight at 5:30 at City Hall.

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