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HomeMy WebLinkAbout1982-12 09-27 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of September, 1982 at 8;00,,p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Ordinances regarding animals. ORDINANCE NO. 82 -12 AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING ANIMALS Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner Section 1 -101. DEFINITIONS. [The following definitions shall apply to terms as used in this ordinance:] The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. [Animal means dogs, domestic animals, and wild animals.] Animals means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At large means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel. Commercial kennel means any place limited to C2, 11, and I2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted. [The term commercial kennel shall include] including pet shops, animal hospitals and other similar [type] establishments. [Family. An individual or individuals living together as a single housekeeping unit in a dwelling unit.] 5. Family Any of the following definitions shall apply: 1. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; 2. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit_ approved and certified by the appropriate public agency; 3. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, [harbors, or] keeps, or has custody of an animal in the City of Brooklyn Center. ORDINANCE NO. 82 -12 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for R -1 or R -2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. [1. Dog License. Every dog owner in Brooklyn` Center shall annually obtain from the City Clerk a dog license and tag for each dog exceeding six months old. Dogs kept in a commercial kennel need not be individually licensed. A license tag shall be affixed by the owner to the collar of each dog so licensed and shall be constantly worn.] 1. Dog Licenses. No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License. Every person [desiring to operate] operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License. Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth in Chapter 23 of Brooklyn Center Ordinances. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as provided in Chapter 23 of Brooklyn Center Ordinances, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds, Prorating, and Transfers. No dog license fee, commercial ORDINANCE NO. 82 -12 kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. [Section 1 -104. LICENSE APPLICATION PROCEDURES.] [1. Dog License. Applications for dog licenses shall be made before the City Clerk. Upon receipt of the license fee and upon presentation of proof of rabies vaccination, the City Clerk is authorized to issue a receipt of payment and a metallic, identifying license tag.] [2. Commercial Kennel License. Application for a commercial kennel license shall be made to the City Clerk. A plan and description of the kennel premises and proposed operation shall be submitted to the extent requested by the Public Health Sanitarian. Upon receipt of the license fee the City Clerk shall refer the application to the Public Health Sanitarian for recommendation and to the City Council for approval.] Section 1 -104. VACCINATION REOUIRED. The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Dog License. The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 2. Issuance of Dog License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost Dog License. If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrending the license payment receipt and by paying the charge for a duplicate licenses as provided in Chapter 23 of Brooklyn Center Ordinances. 4. Application for Private Kennel License or Commercial Kennel License. Initial application for a private kennel license or a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. 5. Hearing Required. A commercial kennel license application'shall be referred to the Public Health Sanitarian who shall review the kennel design and ORDINANCE.NO. 82 -12 operation and make a recommendation to the City Council on the adequacy thereof. Applications for private kennel license and commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. 6. Council Approval. The City Council may approve the private kennel license or commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a private kennel license of a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. 7. Renewal of License. A copy of the private kennel license or commercial kennel license shall be forwarded to the Director of Planning and Inspection who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October lst of the then current calendar year and shall be renewable on October 1st of each year thereafter by the City Clerk upon payment of a renewal license fee set forth in Chapter 23 of Brooklyn Center Ordinances, only in the event no complaint regarding the kennel's operation has been received during the license vear. In the event that no revocation of the license is made or contemplated by the Citv Council, the license shall be renewable as set forth in this subdivision. 8. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the Director of Planning and Inspection and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. [Section 1 -105. LICENSE FEES AND CONDITIONS. 1. Annual Fees. Dog License Male or Female. $5.00 Neutered Male $3.00 Spayed Female $3.00 (Upon presentation of proof thereof) Delinquent Dog License $15.00 Commercial Kennel License .$35.00] ORDINANCE NO. 82 -12 [2. Expiration Dates. Dog licenses shall expire on May 31 each year. Commercial kennel licenses shall expire December 31 each year.] [3. Refunds, Prorations, and Transfers. No dog or kennel license fees shall be refunded for any reason. Neither shall such license fees be prorated. Licenses shall not be transferable.] [4. Lost, Destroyed or Mutilated License Tags. The City Clerk shall, upon payment of $3, issue a duplicate dog license tag, to an owner whose dog license tag has been lost, destroyed or mutilated.] [Section 1 -106. KEEPING OF DOGS LIMITED. No family shall own or keep more than two dogs exceeding six months of age on the family premises in Brooklyn Center.] [Section 1 -107. MANNER OF KEEPING ANIMALS. No person shall keep any dogs or other animals in Brooklyn Center in an insanitary place or condition or in a manner which results in noisome odors, or in such a way as to constitute a nuisance or a disturbance by reason of barking, howling, fighting or other noise, or in such a way as to permit the animals to annoy, injure or endanger any person or property.] [Section 1 -108. CONFINEMENT AND CONTROL. No person who owns or keeps an animal shall allow or permit such animal on the private property of another person except upon invitation from such other person. When upon his owner's private property an animal must be effectively restrained to the premises by leashing or fencing or by responding to the immediate supervision and verbal command of the owner or his agent. No person who owns or keeps an animal shall allow or permit such animal to be on any public street, public park, school grounds or other public place without being effectively restrained by chain or leash. Animals in heat shall be confined to the owner's premises in an enclosure which prevents escape or the entry of other animals.] [Section 1 -109. C014MERCIAL KENNEL DESIGN. Commercial kennel floors and walls shall be constructed of easily cleanable materials and all structures, areas, and appurtenances so designed as to facilitate convenient cleaning, Commercial kennels shall be adequately ventilated and all doors, windows and other openings to the out of doors shall be screened from May to October. Commercial kennels shall be provided with adequate and safe water and sewer facilities. Plans for all new commercial kennels or for repairs and alterations to existing kennels must be filed with and approved by the City Public Health Sanitarian as a condition of licensure.] [Section 1 -110. COMMERCIAL KENNEL OPERATION.] 11. Treatment of Animals. Commercial kennels shall be operated in a humane manner. The licensee and his agents shall not deprive the kenneled animals of necessary food, water, or shelter, nor perform any act of cruelty to the animals nor in any way permit or condone cruelty to the animals.] [2. Sanitary Conditions Required. Every commercial kennel shall be maintained in a clean, healthful, sanitary, and safe condition in a manner not to create a health hazard or a public nuisance. All cages, pens, benches, boxes or receptacles in which animals are confined shall be kept sanitary and in good repair and shall be humanely proper in size for the confinement of the respective animals. Animal delivery vehicles shall be kept clean. All plumbing fixtures and all utensils used in the preparation of food and the feeding of the animals shall be kept clean, sanitary, and in good repair. All refuse and other wastes shall be removed frequently and stored and disposed of as prescribed in Chapter 7 of the City ordinances.] ORDINANCE NO. 82 -12 [Section 1 -111. DISEASED ANIMALS PROHIBITED. No person shall knowingly bring into Brooklyn Center nor have in his possession nor sell to another person any animals that are afflicted with infectious or contagious diseases. All such diseased animals must be destroyed in a humane manner unless the disease is curable and the animal is under the care of and receiving treatment from a licensed veterinarian.] [Section 1 -112. ANIMAL CONTROL OFFICER. The Animal Control Officer shall have the following duties:. a. To impound any dog found within the municipality without a current license. b. To impound any animal found within Brooklyn Center running at large off the premises of the owner and out of the immediate supervision and verbal command of the owner or his agent. C. To dispose of all unclaimed dead animals found within the City. d. To patrol the streets of Brooklyn Center for the purpose of enforcing the provisions of this ordinance.] [Section 1 -113. IMPOUNDMENT ADMINISTRATION.. The City Manager shall establish animal impoundment procedures including designation of impounment facilities, provisions for notification and release to the owner of impounded animals, disposition of unclaimed animals, and a schedule of charges intended to cover apprehension and impoundment costs.] [Section 1 -114. UNLICENSED DOGS. Unlicensed dogs which are apprehended by the Animal Control Officer shall be impounded. No unlicensed dog shall be released to the owner thereof until the owner has secured a dog license by paying the delinquent dog license fee in addition to other apprehension and poundage fees established. Securing such delinquent dog license and paying such poundage fees shall not relieve the owner of any misdemeanor charges which may be filed under the provisions of this ordinance.] [Section 1 -115. INTERFERENCE PROHIBITED. No person shall interfere with nor hinder the Animal Control Officer nor the City Public Health Sanitarian in the discharge of their duties under this ordinance.] [Section 1 -116. IMPOUNDMENT FOR BITING. Any animal which is capable of transmitting rabies and which has bitten a human being shall be impounded for at least ten days, separate and apart from all other animals and under the care and supervision of a licensed veterinarian until it is determined whether or not said animal had or has rabies. If the animal is found to be rabid, it shall be destroyed; if it is found not to be rabid, the animal shall be returned to the owner provided that the owner shall pay the full costs of impoundment.] [Any animal which has been bitten by a known rabid animal shall be destroyed unless the owner thereof makes provisions for a suitable quarantine for a period of not less than six months for unvaccinated animals or for a period of not less than thirty days if proof of previous vaccination is furnished and booster injections are given by a licensed veterinarian at the expense of the owner.] ORDINANCE NO. 82 -12 [Section 1 -117. PENALTY. Whoever does any act or omits to do any act which constitutes a breach of this ordinance shall upon conviction thereof be punished by a fine not to exceed five hundred dollars ($500) and by imprisonment not to exceed ninety (90) days.] Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall con- sist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this Ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARDS FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed 3 years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of more than four cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed 3 years, in which to find a place where the cats can be legally, safely, and humanely harbored. Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for anv person to keep animals in an unsanitary condition or in any way which constitutes a nuisance under Chapter 19 of City Ordinances. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its dog to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. ORDINANCE NO. 82 -12 Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any dog running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal:; If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on'a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be 'kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal'is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following. 1. The license fee for the animal, if the license has not previously been obtained. 2. The late license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as provided in Chapter 23 of City Ordinance. ORDINANCE NO. 82 -12 Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in 'this City, a license shall be obtained by such person before possession of the animal is 'given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this Ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $500.00 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute 'a separate offense. Section 2. This ordinance shall become effective after the adoption and upon thirty (30) days following its legal publication. Adopted this 27th September P day of P 19 $2, Mayor ATTEST: �f Clerk r Date of Publication August 26, 1982 Effective Date September 27, 1982 (Underline indicates new matter, brackets indicate matter to be deleted.)