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HomeMy WebLinkAbout1982-12 08-26 AP 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 Park- way, to consider an amendment to the City Ordinances regarding animals. ORDINANCE NO..— ANOROINANCEAMENDING ;L, 1 BROOKLYN CENTER POST CHAPTER 1 OF THE CITY ORDIN- *ICES REGARDING ANIMALS on 1. Chapter 1 of the City' noes a the City Brooklyn' AFFIDAVIT OF PUBLICATION i5' hereby amen in the following manner. Section' -1' -101. DEFINITIONS. (The folloA efin"'ons shall apply to terms as` d in this ordinance:) The term rms' when used in this STATE OF MINNESOTA ordinA4 have the meanings' as hem: SS. 1. Ani' t Animal (Animal means dogs, COUNTY OF HENNEPIN domestic animals, and wild animals.) Animals means dogs and cats. 3. 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, Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice-President 3. At large means an animal that is of The Post Publishing Co., publisher and printer of the newspaper known as off the property of its owner and not under restraint. BROOKLYN CENTER POST 6. Commercial Kennel. Commercial kennel means any place limited to C2, and has full knowledge of 4hefacis herein stated as follows: 11, and 12 zoning districts where the (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent business 64 zoning is r ids selling, in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which boarding, breeding, showing, treating, it purports to serve and does not wholly duplicate any other publ ication and is not made up entirely of patents, plate matter or groomino'of "dogs and other animals and advertisements. (4) Said newspaper is circulated in and near The municipality which it purports To serve, has at is conducted'." (The term commercial least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation kennel shall Include) including pet currently paid or no more than three months in arrears and has entry as second -class matter in its local post shops, animal hospitals and other similar (type) establishments. office. (5) Said newspaper purports To serve the (Family. An individual or in- CITY OF BROOKLYN CENTER dividuals living "together as a single housekeeping unit in a dwelling unit.) in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open S. Family Any of the following during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main definitions shall 8ppiy:. tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all 1. A person 0fliersons related by such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately blood, mar0ilage, or adoption, with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years together wW sny' domestic "ser preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of vants or grglllitous guests, main- Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of taining a ci*mon' household' in a State and signed by the managing officer of said newspaper and sworn to before a notary public stating That The newspaper dwelling un[f;" is a legal newspaper. 2. Group or fttgter care of not more than six (61 4 ards or clients by an Hefurtherstares on oath that the printed authorized "person or persons,' p related by blood, marriage, or adoption, together with any estic servants or gratuitous s, all maintaining a common sehoId in a dwelling unit ap- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in proved and certified by the ap- propriate public agency; 3. A group n not more than five (d the English language, once each week, for.. successive weeks; that it was first so published on persons not related by blood,. marriage, or adoption maintaining a common The household in a dwelling un day Of ..19...... and was thereafter printed and published on every...... 6. Owner. Owner means any person or the parent or guardian of a person to and including the.......... day of ..19 and that the following is a printed copy of The under 18 years of age who owns, (harbors, or) keeps, or has custody of an animal in the City of Brooklyn lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in Center. 7. Person. Person means any per-' son, firm, corporation, partnership,' The composition and publication of said notice, to wit: joint venture or association. 6. Private Kennel means any premises zoned or used for R -1 or R -2 _purposes, as defined in the Brooklyn abcdefghijklmnopgrstuvwxyz -5 pt. Sans 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 r com person it and to that f fK ..,1..: 1; t person's commands, or within a vehicle being driven or parked on a Subscribed and sworn To before public street, or if it is within the property limits of its owner's premises. me this.. ':'......day of A.D 19 Section 1 -102, LICENSES REQUIRED. .f (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 (NOTARIAL SEAL) old. Dogs kept in a commercial kennel need not be individually licensed. A license tag shall be affixed by the Notary Public ........................County, Minnesota owner to the collar of each dog so ed and shall be constantly My Commission Expires .......................19...... Oog "Licenses. No person shall ewn, harbor, keep or have custody of a uog over six months of age within the C of Brooklyn Center unless a c It license for such dog has been o. ied as provided in this ordinance. Each license shall be valid for the duration of the effective period of the No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 1 1 dog's rabies vaccine as stated in the Compendium of Animal Rabies the health, safety, welfare or property Vaccines published by the Conference .values of the persons residing, living of State Public Health Veterinarians or owning property within the im- ficer shall have the following duties: and the Center for Disease Control of mediate area. The form of approval a. To impound any dog found within the Department of Health and Human for a license shall be the resolution of the municipality without a current Services. Dogs kept to a commercial approval, a certified copy of which license. kennel need not be Individually shall be forwarded to the applicant. b. To impound any animal found 2. licensed. 7 Renewal of license. A copy of the within Brooklyn Center running at Commercial Kennel License, private kennel license or commercial large off the premises of the owner. Every person (desiring Te el shall kennel license shall be forwarded to and out of the immediate super operating a commercial kennel s the Director of Planning and In- vision and verbal command of The annually obtain from the City Clerk, spection who shall maintain a register owner or his agent. upon authorization by the City g Council, a commercial kennel license. of kennel licenses. The license shall be c. To dispose of all unclaimed dead Commercial kennel licenses shall be valid for a period of one year and until animals found within the City. posted a conspicuous place within October 1st of the then current d: To patrol The streets of Brooklyn the licensed premises. calendar year and shall be renewable Center for the purpose of enforcing Section 1 -114, QUARANTINE. Any 3. Private Kennel License. Every on October 1st of each year thereafter the provisions of this ordinance.) animal, including wild animals that person operating or maintaing a by the City Clerk upon payment of a (Section 1 -113. IMPOUNDMENT have bitten a person shall im- p erson kennel shall annually obtain renewal license fee set forth in ADMINISTRATION. The City mediately be impounded for at least 10 from the City Clerk, upon Chapter 23 of Brooklyn Center Or- Manager shall establish animal im= days and kept apart from other authorization by the City Council, a dinances, only in the event no com- poundment procedures including animals, under the supervision of a private kennel license. plaint regarding the kennel's desig of impoundment facilities, veterinarian, until it is determined Section 1.103. LICENSE FEES. The operation has been received during provi for notification and release whether such animal had or has a license fee for each dog license, each the license year. In the event that no to thq ler of impounded animals, disease which might have been commercial kennel license, each revocation of the license is made or disposition of unclaimed animals, and transmitted by such bite. Such im- private kennel license, each duplicate contemplated by the City Council, the a schedule of charges intended To pounding may be done by the owner, license, each renewal license, each license shall be renewable as set forth cover apprehension and impoundment and need not be at the pound impounding penalty, and the late in this subdivision. costs.) designated by the City, but if it is not penalty described herein shall be as 8. License Revocation. in the event a (Section 1 -114. UNLICENSED at the designated pound, the owner set forth in Chapter 23 of Brooklyn complaint has been received by City DOGS. Unlicensed dogs which are shall notify the police department Center Ordinances. offs a report thereof shall be apprehended by the Animal Control immediately and shall furnish proof in 1. Late Penalty. If any license ma. the City Council, by the Officer shall be impounded. No ,.writing that such animal is being so _required .hereunder is obtained while Dire,.-, e' of Planning and Inspection unlicensed dog shall be released to the impounded. Upon the expiration of 10 the dog is impounded by the City, or and the City Council may direct the owner Thereof until the owner has days, if it is determined that the after the required licensing period has applicant to appear to show cause why secured a dog license by paying the animal does not have a disease which commenced, there shall be added to the license should not be revoked. A delignuent dog license fee in addition might have been transmitted by such the regular license fee, a late license license may be revoked for violation of To other apprehension and poundage bite, it may be released, and the police penalty as provided in Chapter 23 of this ordinance, Chapter 19 of the fees established. Securing such department shall be notified im- Brooklyn Center Ordinances, Brooklyn Center Ordinances, or any delinquent dog license and paying mediately prior to such release by the provided, however, that any person condition Imposed at the time of such poundage fees shall not relieve owner of the animal. If the animal is whr quires a dog after the start of a issuance. the owner of any misdemeanor impounded at the designated pound, it lic ear, or any person who owns, 1 -105. LICENSE FEES charges which may be filed under the may be reclaimed as hereinafter kee, .,arbors, or has custody of a dog 'ND CONDITIONS. provisions of this ordinance.) provided. Any animal which has been tme o} becoming a resident of i, Annual Fees. (Section 1.115. INTERFERENCE bitter a rabid animal shall be killed at the the t shall a allowed a days of Dog License PROHIBITED. No person shall in- or i nded and kept in the same to secure a license, without incurring, Male or Female $5.00 terfere with nor hinder the Animal man, (or a period of, six months; any late license penalty. -Neutered Male ...............$3.00 Control Officer nor the City Public provided that if the animal which 2. Refunds, Prorating, and Trans. -Spayed Female ..........$3.00 Health Sanitarian in the discharge of has been bitten by a rabid animal fens. No dog license fee, commercial, (Upon presentation of proof thereof) their duties under this ordinance.) has been vaccinated at least three kennel license fee, or private kennel Delinquent Dog License $15.00 (Section 1.116. IMPOUNDMENT weeks before such bite and with- ken Commercial Kennel License.$35.00) FOR BITING. Any animal which is in''one year of such bite and if it is license s Prorated, fee ee shall r refunded or provisions of Chapter 23 R. Expiration Dates. Dog licenses capable of transmitting rabies and again immediately vaccinated, then of Brooklyn Center Ordinances not- shall expire on May 31 each year, which has bitten a human being shall such animal shall be confined or withstanding. No license required Commercial kennel licenses shall be impounded for at least ten days, impounded for a period of 40 days hereunder shall o expire December 31 each year.) separate and apart from all other before it is released. The owner of an on I be transferrable. LICENSE AP- (3. Refunds, Prorations, and animals and under the care and animal which has been bitten by a (Section PROCEDURES.) .Transfers. No dog or kennel license supervision of a licensed veterinarian rabid animal shall notify the police P (Secti n 0. Dog License. Applications for fees shall be refunded for any reason. until it is determined whether or not .department immediately prior to the dog licenses shall be made before the Neither shall such license fees be said animal had or has rabies. If the release of any such animal. prorated. Licenses shall not be animal is found to be rabid, it shall be Section 1 -115. DANGEROUS City Clerk. Upon receipt of the license transferable.) destroyed; if it is found not to be rabid, ANIMALS. If an animal is diseased, fee and upon presentation of proof of (4. Lost, Destroyed or Mutilated The animal shall be returned to the vicious, dangerous, rabid or exposed rabies vaccination, the City Clerk is. License Tags. The City Clerk shall, owner provided that the owner shall To rabies and such animal cannot be _authorized to Issue a receipt of upon payment of $3, issue a duplicate pay The full costs of impoundment.) impounded after a reasonable effort or payment and a metallic,. identifying dog license tag to an owner whose dog (Any animal which has been bitten cannot be impounded without serious license tag.) license tag has been lost, destroyed or by a known rabid animal shall be risit to any person or persons, or if the (2. Commercial Kennel License. mutiliated.) destoryed unless the owner thereof iimal has made more than one at- Application for a commercial kennel (Section 1.106. KEEPING OF DOGS makes provisions for a suitable t'on a person or persons, such license shall be made to the City Clerk. LIMITED. No family shall own or quar ^'ine for a Period of not less than &I may be Immediately killed by, A plan and description of the kennel eP. m than d exceeding the direction of a police of z premises and proposed operation shall six ths of age on the family or I, ,period of not less than thirty be submitted to the extent requested pre In Brooklyn Center.) hs for unvaccinated animals days it proof of previous vaccination is by the Public Health Sanitarian. Upon (S. _.on 1 -107. MANNER OF furnished and booster injections are ficer. receipt of the I icense fee the City Clerk KEEPING ANIMALS. No shall Section 1-116. TREATMENTS person shall refer the application to the p given licensed veterinarian at The DURING IMPOUNDING. Any animal Public Health Sanitarian for keep any dogs or other animals in expensse e o of the owner.) which is impounded in the designated nd a the for Brooklyn Center in an unsanitary place (Section 1.117. PENALTY. Whoever pound shall be kept in accordnance recommendation or condition or in a manner which does any act or omits to do any act Council fora on an .106 of this Ordinance. If pp with Section 1 results in noisome odors, or in such a which constitutes a breach of this the animal 1 not known or suspected Section 1.104 VACCINATION way as to constitute a nuisance or a ordinance shall upon conviction REQUIRED. The owner of every dog of being diseased and has not bitten a in Brooklyn Center shall cause such disturbance by reason of barking, thereof be punished by a fine not to person or been bitten by a rabid dog to be currently vaccinated for howling, fighting or other noise, or in exceed five hundred dollars (8500) and animal, it shall be kept in the pound rabies. A certificate of vaccination or such a way as to permit the animals to by imprisonment not to exceed ninety for at least five days, unless It is other statement of the same effect annoy, injure or endanger any person (90) days.) sooner reclained by its owner. if such executed by a licensed veterinarian or property.) Section 1.106. STANDARDS FOR animal is known to be or is suspected shall constitute prima facie proof of (Section 1 -108. CONFINEMENT PRIVATE KENNELS. A private of being diseased with a disease which the required vaccination. AND CONTROL. No person who owns kennel shall consist of an enclosed might be transmitted to persons, it Section 1 -105 APPLICATION or keeps an animal shall allow or space in which all animals are con- shall be kept to the pound for at least PROC° %ORES AND ISSUANCE OF permit such animal on the private fined when not under restraint and 10 days. LICE S. Applications for all property of another person except constructed. so as to prevent the Section 1.117. REDEMPTION OF invitation from such other person, animals from running at large. IMPOUNDED ANIMALS. Any animal licen:, equfred by this ordinance When upon his owner's private Provision must be made to provide may be redeemed from the pound by 1. Dog License. shall og made The The application Clerk. ication fora property an animal must be ef- shelter during inclement weather. the owner upon payment of the e. ppl fectively restrained To the premises by Every private kennel shall be kept in following: dog license shall include the name and leashing or fencing or by responding to good repair and shall be maintained in 1. The license fee for the animal, if the address of the owner of the dog and the immediate supervision and verbal a clean and sanitary condition. It shall .license has not previously been such other information as the City command of the owner or his agent, be unlawful to maintain a private obtained. Clerk shall require. All applicants No person who owns p keeps an kennel in f way which constitutes a 2. The late- license penalty, where a shall be of legal age. Applicants shall animal shall allow or permit such violation of te r Ordinance, a nuisance license has not been previously provide a certificate issued by a animal a on any public street, under Chapter i of the City Or- obtained. doctor of veterinary medicine showing that the dog has been vaccinated public park, school grounds or other dinances, or in violation of any con- 3. The amount of the boarding tee against rabies, the type v vacated- public place without being effectively dition imposed by the City Council at which the City is required to pay the been, and The length of time the restrained by chain or leash. Animals the time the license is granted. pound keeper. vaccination is efength in heat shall be confined to the ownerls Section 1.107, STANDARDS FOR 4, An impounding penalty as provided va c Issuance o f Dog License. Upon, premises in an enclosure which COMMERCIAL KENNELS. All in Chapter 23 of City Ordinance. 2. receipt of the application, the Upon, prevents escape or the entry of other commercial kennels shall be designed, Section 1 -118. DISPOSAL OF fee and proof eta rabic thetlicens, animals.) operated and maintained according to UNREDEEMED ANIMALS. The the City Clerk .shall Issue a metallic (Section' 1-104. COMMERCIAL the following stnadards: City's designated pound keeper shall KENNEL DESIGN. Commercial 1. Commercial kennel floors and make an effort to contact the owner of license tag bearing the license kennel floors and walls shall be con- walls shall be constructed of im- any animal which has been impounded number, the name of the City and the structed of easily cleanable materials pervious materials and all sturctures, and which has Identification On it. if at year'and month when the license and all structures, areas, and ap- areas, and appurtenances shall be the end of the impounding period the period tends. The dog shall con- purtenances so designed as to designed to facfliate' thorough and animal is not reclaimed by the owner, l i Commerca tinuo rear a collar or harness to facilitate convenient cleaning. convenient cleaning. such animal shall be deemed to have which tense tag is firmly affixed. Commercial kennels shall be kennels shall be adequately ventilated been abandoned and may be disposed It shall ue unlawful for any person to adequately ventilated and all doors, and all doors, windows, and other of or sold to any person following the hall be id t he outside s make or use a counterfeit tag. windows and other openings to the out openings to t procedures `contained in Minnesota 3. Replacement of Lost Dog License• of doors shall be screened from May to screened, May through October. The Str' `as 514.93 relating to the sale of If any dog license tag is lost or stolen, Octo' ':ommercial kennels shall be commercial kennels shall be provided, u; led animals by veterinarians. the applicant may obtain a new tag by prov with adequate and safe with adequate and potable wafer If', enimal is to be kept in this City, surrendfng the license payment water „no sewer facilities. Plans for supplies and shall be equipped with a license shall be obtained by such .receipt and by paying the charge for a all new commercial kennels or for sewer facilities. Plans for all new person before possession of the animal airs or and re l n kennels enes a p duplicate license as provided in repairs and alterations To existing is given to the purchaser. Chapter 23 of Brooklyn Center Or- kennels must be filed with and ap- alternations to existing commercial Section 1 -119. ABANDONMENT. it dinances. proved by the City Public Health kennels must be filed with and ap- shall be unlawful for any person to 4. Application for Private Kennel Sanitarian as a condition of Iicensure.) proved by the City's Public Health abandon any animal, including wild Sanitarian as a condition of the License or Commercial Kennel (Section 1 -770. COMMERCIAL animals in Brooklyn Center. License. Initial application license. tion for a KENNEL OPERATION.) Section 1 -720. PENALTY. Any .private kennel license or a com (i. Treatment of Animals. Com- 2. Operating Standards. The person violating the provisions of this inertial kennel license shall be made merc(al kennels shall be operated in a licensee, it agents and employees shall Ordinance, or any conditions of a to the City Clerk. The application shall humane manner. The licensee and his operate and maintain the kennel in license, shall, upon conviction thereof, State the name and address of the agents shall not deprive The kenneled accordance with standards set out in be guilty of a misdemeanor and shall applicant, the property address or animals of necessary food, water, or Title 9, Chapter 1, Subchapter A, Part be subject to a fine of not more than legal description of the proposed shelter, nor perform any act of cruelty 3, Section 3.100 through 3.106 of the ssoo.00 or to imprisonment for a period kennel location,& sketch or drawing of To the animals nor in any way permit United States Department of not to exceed 90 days, or both, together the proposed kennel describing con- or condone cruelty to The animals) Agriculture, Animal and Plant Health with the costs of prosectution. Each struction, operation, and the ap- (2. Sanitary Conditions Required. Inspection Service, a copy of which is day that a violation exists shall con- proximate number of animals to be Every commercial kennel shall be adopted by reference. stitute a separate offense. confined therein, together with the maintained in a clean, healthful, Section 1 -108. KEEPING OF DOGS Section 2. This ordinance shall applicable license fee. sanitary, and safe condition in a IS LIMITED. No family shall keep, become effective after the adoption S. Hearing Required. A commercial manner not to create a health hazard harbor or have custody of more than and upon thirty (30) days following its kennel license application shall be or a public nuisance.,All cages, pens, two dogs exceeding six months of age legal publication. referred to the Public Health benches, boxes or receptacles in which in the family dwelling unit or on the Adopted this ay of -19 Sanitarfanwho shall review the kennel animals are confined shall be kept family premises without obtaining a design and operation and make a sanitary and in good repair and shall private kennel license. Mayor recommendation to the City Council be humanely proper in size for the Section 1 -104. KEEPING OF CATS ATTEST: on the adequacy thereof. Applications confinement of the respective IS LIMITED. No family shall keep, Clerk for private kennel license and com- animals. Animal delivery vehicles harbor or have custody of more than Date of Publication- mercial kennel license shall be placed shall be kept clean. All plumbing four cats exceeding six months of age Effective Date- on the agenda of the City Council for a fixtures and all utensils used in the in the family dwelling unit or on the (Boldface indicates new matter, public hearing at the regular City preparation of food and the feeding of family premises without obtaining a brackets indicate matter to be Council meeting next following 14 days the animals shall be kept clean, private kennel license. deleted.) after the application is received. Not sanitary, and in good repair. All refuse Section 1 -170. NUISANCE (Published in The Brooklyn Center less than seven (7) days before the and other wastes shall be removed PROHIBITED. It shall be unlawful for Post August 26, 1982.) date of the public hearing, the City frequently and stored and disposed of any person to keep animals in an Clerk shall mail notice of the hearing as prescribed in Chapter 7 of the City unss pry condition or in any way to the applicant and to the owners of ordinances.) wh' institutes a nuisance under property within 150 feet of the (Section 1.111. DISEASED Cha, 19 of City Ordinates. proposed kennel location. The failure ANIMALS PROHIBITED. No person Section 1 -111. RUNNING AT of any- -owner to receive such notice shall knowlingty bring into Brooklyn LARGE PROHIBITED. It shall be shag Invalidate the proceedings. Center nor have in his possession nor unlawful for any owner to allow Its dog 6.', tail Approval. The City sell to another person any animals to run at large. Couna, may approve the private that are afflicted with infectious or Section 1.112. ANIMAL CONTROL kennel license or commercial kennel contagious diseases. All such diseased OFFICER. The City Council may license and may attach to such ap. animals must be destroyed in a provide for a City Animal Pound, proval any conditions necessary to either within or outside the corporate insure compliance with this or hums, ginner unless the disease is limits and may provide for an Animal dinance, with Chapter 19 of Ctty Or- abl and the animal is under the Control Officer to enforce this or- dinances, and any other condition re of and receiving treatment from dinance. necessary to protect the health, a licensed veterinarian.) Section 1-113 ENFORCEMENT safety, welfare and property values in (Section 1-112 ANIMAL CONTROL:. .PROCEDURES. The Animal Control the immediate area. The City Council OF. x'CER. The Animal Control Of- Officer may capture and impound any may deny a private kennel license ors dog running at large, and any commercial kennel license upon unlicensed dog. finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect