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HomeMy WebLinkAbout1974-21 08-19 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 74 -21 • [AN ORDINANCE REGULATING THE KEEPING OF DOGS, AND REGULATING KENNELS, PROVIDING FOR LICENSING THEREOF, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND AMENDING CHAPTER 1 OF THE VILLAGE ORDINANCES] THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 1 of the City Ordinances is hereby amended by the repeal of the following: [ Section 1 -101. LICENSING: Every owner or keeper of one or more dogs shall obtain an appropriate license from the office of the Municipal Clerk.] [Section 1- 101.1. The following licenses are appropriate: a. DOGS: A dog license shall be evidenced by a tag provided by the municipality. b. DOG KENNEL LICENSE: Kenneled dogs need not be individually licensed but the owner or keeper must obtain a kennel license, issued by the municipality.] . [ Section 1-101. 2 . AFFIXING AND DISPLAYING LICENSE: Every dog license must be firmly affixed to the dog's collar. Every kennel license shall be displayed upon the enclosure wherein the dogs are kept or in any other manner which makes the license visible to any person inspecting the enclosure.] [Section 1- 101.3. LICENSING FEES: Dog License - Male . . . . . . . . . $3.00 Female . . . . . . . . 5.00 Spayed Female . . . . . 3.00 (Upon presentation of proper proof thereof) Kennel License . . . . . . . . . . . . . 3.001 [ Section 1-101.4. LICENSE APPLICATION. Application for an appropriate license shall be made upon forms provided by the municipality. Appli- cation for an appropriate license shall be made within 7 days of the day upon which any person becomes the owner or keeper of any dog or of a kennel. Any applicant for a dog or kennel license shall in addition to paying the license fee, present to the office of the Municipal Clerk satisfactory proof that the dogs have received vaccination for rabies within 18 months previous to the application with Rabies Vaccine, Modified Live Virus Type, or within 3 months previous to the application, with Rabies Vaccine, Killed Virus Type.] Ordinance No. 74 -21 • [ Section 1 -101.5 . LICENSE CONDITION: The number of dogs may be limited pursuant to this ordinance.] [ Section 1-101. 6 . LOST, DESTROYED OR MUTILATED LICENSES: Any licensee whose license has been lost, destroyed or mutilated shall immediately apply to the Municipal Clerk's Office for a duplicate license. If the licensee pre - sents to the Municipal Clerk's Office the receipt showing payment of the original license fee and pays a fee of $1.00, the office of the Municipal Clerk shall, if the license has not expired, issue a duplicate license.] [Section 1- 101.7. LICENSE EXPIRATION: Every dog and kennel license shall expire on December 31, next following the issuance of the license.] [ Section 1-101.8. LICENSES NOT TRANSFERABLE: Dog and kennel licenses shall apply solely to the named licensee and shall not be transferable to any other person.] [ Section 1- 101.9. NO REFUND. No refunds will be made of any dog or kennel license fee.] [Section 1- 101.10. EXCEPTIONS: The following persons are exempted from the licensing requirements of this ordinance: • The owner or keeper of: One or more dogs less than 6 months old.] [ Section 1 -102. KENNELS:] [Section 1- 102.1. NUMBER OF DOGS: Every person who owns or keeps within the Village three (3) or more dogs six (6) months old or older shall obtain a kennel license. The maximum number of dogs permitted by this ordinace to be kept in a licensed kennel shall be five (5) . Any person, however, may apply for special permission to keep more than five dogs, but not more than ten (10). Such applica- tion for special permission shall be rra de upon a form provided by the municipality and shall state: a. The number of dogs the applicant proposes to keep. b. The breed and sex of the dogs. C. The length of time the applicant proposes to keep more than five dogs. d. That the applicant has contacted each of his abutting neighbors • and has informed each neighbor of his plans to keep more than five dogs for the period indicated. Ordinance No. 74 -21 The Municipal Clerk's Office shall than determine: • a. Whether the applicant's kennel facilities satisfy the require- ments of Section 1 -102.2 of this ordinance. b. Whether the applicant's property is in a residential or non- residential neighborhood. The Municipal Clerk shall issue special permission if: a. The applicant's kennel facilities satisfy the requirenre nts of Section 1 -102.2 of this ordinance. b. The applicant's property is in a non - residential neighborhood and the Municipal Clerk's Office may attach to the license conditions as to the duration of the special permission and as to the number of dogs in excess of five (5) that are to be permitted.] [Section 1- 102.2. STANDARDS FOR KENNEL OPERATION: Every kennel shall be operated in a clean, healthful, sanitary, safe condition and humane manner in accordance with standards set forth in Chapter 347.23, Laws of Minnesota 1963, said standards being incorporated herein by reference, and so as not to create a . public nuisance, and failure to do so shall constitute grounds for revocation of the license of such kennel. The determination by the Village Council as to the manner of operation of any kennel in relation to any of said matters shall be presumptive proof thereof. ] [Section 1 -103. ANIMAL CONTROL OFFICER:] [ Section 1- 103.1. APPOINTMENTS: The animal control officer shall be appointed by the governing body of the municipality and shall serve for a period of one year or until earlier termination of the appointment by the Council.] [ Section 1- 103.2. DEPUTIES: The animal control officer may appoint a deputy to assist him in performing his duties.] [ Section 1- 103.3. DUTIES: 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 dog found within the municipality running at large, i.e. off of the premises of the owner and either unleashed or out of the immediate control of a responsible person. • Ordinance No. 74 -21 C. To inspect the kennel facilities of any applicant for a kennel license. d. To impound and dispose of, pursuant to this section, any wild animals, as defined by this ordinance, which are found within the Village. e. To dispose of all dead animals found within the Village. f. To patrol the streets of the municipality for the purpose of performing the above mentioned duties and to enforce the provisions of this ordinance. The hours of patrol will be prescribed by the resolution of the governing body appointing the animal control officer and by any amendments thereto approved by the governing body. g. To refer violations of this ordinance to the municipal attorney for review.] [ Section 1 -104. VILLAGE POUND:] [ Section 1- 104.1. POUND ESTABLISHED: A village pound is hereby established for the purpose of holding animals impounded pursuant to the provi- sions of this ordinance.] [ Section 1- 104.2. POUNDMASTER: The governing body of the munici- pality may appoint a poundmaster who shall serve for a period of one year or until his appointment is sooner terminated by the governing body.] [ Section 1- 104.3. POUNDMASTER'S DUTIES: The poundmaster shall have the following duties: a. To maintain the facilities approved by the governing body as the municipal pound in a clean healthful, sanitary and safe condition and in a humane manner. b. To notify the person named as licensee that the dog bearing his license has been impounded and may be redeemed pursuant to the provisions of this ordinance. C. To dispose of unclaimed dogs, wild animals and wild fowl pursuant to the provisions of this ordinance.] - [Section 1 105. IMPOUNDED DOGS: a. Every impounded dog shall, unless sooner claimed, be held • in the municipal pound for five (5) days. b. Any dog not claimed at the end of the fifth day may be dis- posed of pursuant to the provisions of Section 35.71 , Minnesota Laws of 1955, C. 122. Ordinance No. 74 -21 C. Any wild animal or wild fowl may be disposed of as provided above or in any other reasonable and humane manner.] [ Section 1 -106. RELEASE OF IMPOUNDED DOGS: The poundmaster shall release any dog claimed by any person, upon payment of a poundage fee of $8.00 and upon payment of $1.25 for each day or part thereof for which the dog has been impounded; except that he shall not release any unlicensed dog unless the claimant also shall obtain and display to the poundmaster a current dog or kennel license. A dog license shall be firmly affixed to the dog's collar before the dog is released.] [ Section 1 -107. RESTRAINT OF DOGS: The animal control officer shall order the owner or keeper of any dog which has bitten a human being or domestic animal to keep said dog tied up securely for a period of 14 days following the biting, when in his opinion the dog may be afflicted with rabies.] [ Section 1 -108. MUZZLING: When in his opinion there is danger to the public from rabid dogs, the Animal Control Officer shall recommend to the governing body of the municipality that it require the muzzling of every dog found within the municipality unless the dog is securely tied or held upon the owner or keeper's premises.] [ Section 1 -109. FINES AND PENALTIES:] [Section 1 -109.1 It shall be unlawful for any person to permit a dog to run at large off of the premises of the owner or keeper and either unleashed or out of the immediate control of a responsible person.] [ Section 1- 109.2. It shall be unlawful for any person to own or keep more than 2 dogs on his premises in the municipality without obtaining a kennel license pursuant to this ordinance.] [ Section 1- 109.3. It shall be unlawful for any person to own or keep a greater number of dogs than is designated upon his kennel license.] [ Section 1- 109.4. It shall be unlawful for any person to own or keep any unlicensed dog in the municipality, unless specifically excepted herein.] [ Section 1- 109.5. It shall be unlawful for any person to maintain dogs in such a way as to create a public nuisance.] [ Section 109 .6. It shall be unlawful for any person to violate a muzzling proclamation enacted by the governing body.] i Ordinance No. 74 -21 [Section 1- 109.7. FEMALE DOGS: It shall be unlawful for any • person, firm or corporation owning, keeping or harboring any female dog or dogs to allow them to run at large within the City while in heat and the Animal Control Officer and his deputies are hereby authorized and directed to take up and impound such female dogs, wherever found, whether licensed or not, and to release said dogs only when properly licensed and upon the order of the City Council. In the event that any unidentified or stray female dog in heat is impounded while running at large on public streets, playgrounds, parks or other public property such dog may be immediately disposed of by the Animal Control Officer or the City Police in accordance with the provisions of this ordinance.] [ Section 1 -110. PENALTY: Upon conviction of any of the foregoing forbidden acts, any person may be punished by a fine not to exceed Three Hundred ($300.00) Dollars and by imprisonment not to exceed ninety (90) days.] [ Section 1 -111. DEFINITIONS: Animal - An animal as used in this section includes dogs and wild animals. Wild animal - A wild animal where used in this ordinance is intended to exclude dogs, cats and domestic animals. Wild Fowl - Wild Fowl is intended to exclude domestic fowl and pet • fowl. Appropriate License - Appropriate license means either a dog or kennel license. Person - Person means any natural person, corporation, partnership or joint venture, or association.] Section 2: Chapter 1 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE REGULATING THE KEEPING OF DOGS AND REGULATING KENNELS, AND PROVIDING FOR LICENSING THEREOF Section 1 -101. DEFINITIONS. The following definitions shall apply to terms as used in this ordinance: Animal. Animal means dogs, domestic animals, and wild animals. 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. Ordinance No.74 - 21 Commercial Kennel. Commercial kennel means any place limited to C2, Il , and I2 zoning districts where the business of keeping, t raising, selling, boardina , breeding, showing, 'treating, or grooming of dogs and other animals is conducted. The term commercial kennel shall include pet shops, animal hospitals and other similar type operations. Family. An individual or individuals living 'together as a single housekeeping unit in a 1welling unit. Own er. Owner means a pers or the. arent or auardian_of a person under 18 y of awe wiio owns. harbors. or keens a a nimal in the City of Brooklyn Center. Person. Person means any _Rersonf corporation_,partnership, ioint venture or association. Section 1 -102. LICENSES REQUIRED 1. Dog License. Eve dog owner in Brooklyn Center shall annuall obtain from the City lark a do g license an taa for each doa exceeding six months old. Dogs kept in a comm kennel ne n ot be individu l icensed. A license tag shall be affixed by the owner to the collar of each dog so licensed and shall be constantly? worm • 2_ C ommercial Kennel License. Every_erson desiring to operate a commercial kennel shall annu obtain from the City Clerk authorization by the City Council, a commercial kennel license. Kennel licenses shall be posted in a co nspicuous place within the licensedoremise_s. Section 1 -103. VACCINATION REQUIRED. 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 -104. LICENSE APPLICATION PROCEDURES. 1. Dog License. _ pplications for dog lic enses shall be m ade befor the City Clerk. Upon receipt of the license fee and upon presentation of proof of r vaccination the - City Clerk is authorized to issue a receipt of pavment and a meta identifvinq licen .se_tag. 2. Commercial Ken nel License. __Application for a comme kennel license shall be made to the City Clerk. A plan and description of the kennel premises and proposed operation shall be s ubmitted to th ex tent reguested by the Public Health Sanitarian Upon r eceipt of th e license fee the _City Clerk shall refer the application _t_o_ 'the _Pub1ic Health S for recom and to the City • Council for approval. ^� I Ordinance No. Section 1 -105. LICENSE FEES AND CONDITIONS. • 1. Annual Fees. Dog License —Male or Fe ... . . . . . . $ 8.00 - N .Male . . . __ _5 - Sia?ed Female . . . . $ 5.00 - �(U�o � esfntation of proof thereof) Delinquent Dog License . . . . . . . . . . _ . $15 Commercial Kennel License . . . . . . . $35.00 2. Expirat D __ licenses shall expire on Mav 31 each year. Commercial kennel_ licenses s'7a'.1 exoire Dence 31 each year. 3. Refunds, Prorations,_and Transfers. No dog or kennel license f e e s shall be refu for a reason Ne ither shall such license fees be prorated. Licenses shall not be 4 . _Lo De or Mut License Tags. The City Clerk shad, upon payment of $3_ issue a duplicat - dog_ license tag to an owner w hose dog license tag has been lost, destroyed or mutilated. • Section 1 -106. K OF DOGS LIMITED. No fa mily shall own_ or keep more than. two dogs exceeding six months of age on the family premises in roo Bklyn Center. ----- _...._____�____ Section 1 -107. MANNER 0 KEUING ANI MALS. No perso shall keep any do gs or other animals in Brooklyn Center in an _insanitary place or con dition or in a manner which re s u lts in noisome odors, or in such a way as to constitute a nuisance or a d b y rea of barking, howling, fighting or other noise, or in su a way as to permit the animals to annoy, in or endanger any person or property. - S ection_1 - CONFIN AND CONTROL. No per wh o owns o keeps an animal shall all uc p ermit such animal on the private property of a no t her person except upo in v it ation f such other person. When upon his ow private pr an anima must be effec restrained to the premises by leash or fencin or by responding to the immediate sup and ver c za of the owner or his agent No person who owns or keeps an animal _shall allow or permit sucli an imal t o be on a ny public street, public park, grounds or other public place without bei e ffectively restrained by chain or A in heat shall be confined to the owner I s premises in an enclosure which preve escape or the entry of other animals. Ordinance No. 74 -21 Section 1 -109. COMMERCIAL 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. 1. 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. 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 destroy_ ed 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 doq found within the municipality without a current license. b. To impound any doq 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. Ordinance No. 74 -21 Section 1 -113. IMPOUNDMENT ADMINISTRATION. The Citv_ Manager shall establish dog impoundment procedures including designation of • impoundment facilities, provisions for notification and release to the owner of, impounded dogs, disposition of unclaimed dogs, 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 un- licensed 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 doa license and paying such poundage fees shall not relieve the owner of any mis -, demeanor 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. 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 three hundred dollars ($300) and by imprison- ment not to exceed ninety (90) days. Section 3: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 19th day of Auaust 19 _74• Ordinance No. 74 -21 Mayor A' C'C E ST :. —. -- Clerk' Published in 'the official newspaper — August 1, 1974 Effective Date August 31, 1974 (Brackets indicate matter to be deleted, underline indicates new matter.)