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HomeMy WebLinkAbout1974-21 08-01 AP CITY OF BROOKLYN CENTER ORDINANCE NO.— (AN ORDINANCE REGULATING THE KEEPING OF DOGS, AND REGULATING KENNELS, PROVIDING FOR LICENSING THEREOF, AND PROVIDING BROOKLYN CENTER POST PENALTIES FOR THE VIOLATION (A continuation of the Brooklyn Center Press) THEREOF AND AMENDING + CHAPTER 1 OF THE VILLAGE ORDINANCES) AFFIDAVIT OF PUBLICATION 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 repr .f the following: STATE OF MINNESOTA ( +n 1 -101. LICENSING: Every 01 r keeper of one or more dogs SS. r s' ',tain an appropriate license COUNTY OF HENNEPIN % _ 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. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of b. DOG KENNEL I ICENSE- Ken- The Post Publishing Co., publisher and printer of the newspaper known as neled dogs need not be individually BROOKLYN CENTER POST (A Continuation of Brooklyn Center Press) • license., but the ,caner or keeper must obtain a kennel license, issued and has full knowledge of The facts herein stated as follows: by the municipality.) (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent (Section 1- 101.2. AFFIXING AND in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each DISPLAYING LICENSE: Every dog week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community licesne must be firmly affixed to the which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, dog's collar. plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports Every kennel license shall be To serve, has at least 500 copies regularly delivered To paying subscribers, has an average of at least 75 percent of its displayed upon the enclosure where in total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its the dogs are kept or in any other local post- office. (5) Said newspaper purports to serve the • manner which makes the license CITY OF BROOKLYN CENTER visible to any person inspecting the enclosure.) in The County of Hennepin and it has its known office of issue in The City of Crystal in said county, established and open (Section 1- 101.3. LICENSING during its regular business hours for The gathering of news, sale of advertisements and sale of subscriptions and FEES: maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control Dog License –Male .............53.00 during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each Female ......... S.00 issue immediately with the State Historical Society. (7) Said newspaper has complied with all theforegoing conditions Spayed for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with Female ....... 3.00 the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form (Upon presentation of prescribed by the Secretary of State and signed by The managing officer of said newspaper and sworn to before a • proper proof thereof) notary public stating that the newspaper is a legal newspaper. Kennel License ............... 3.00) (Section 1- 104,4. LICENSE AP- _ PUCATION. Application for an ap- HefurthersTatesonoaih that the printed .•,:....:,'.....�.,. - '� „ e propriate license shall be made upon 4 forms provided by the municipality. f Application for an appropriate license ',.:..:, .............. .............................................................. ............................... shall be made within 7 days of the day upon which any person becomes the onwer or keeper of any dog or of a hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in • kennel. Any applicant for a dog or kennel license shall in addition to paying the license fee, present to the the English language, once each week, for....... successive weeks; that it was first so published on r...' ..... _.,..:6.'.`..� .. . office of the Municipal Clerk satisfactory proof that the dogs have - received vaccination for rabies within the.-:........ day of... ............ 19 ...... and was thereafter printed and published on every..................... 18 months previous to the application with Rabies Vaccine, Modified Live Virus Type, or within 3 months to and including the.......... day of ........................ 19 ...... and that the following is a printed copy of the previous to the application, with + Rabies Vaccine, Killed Virus Type.) (Section 1- 101.5. LICENSE CON- lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in DITION. The number of dogs may be _ limited pursuant to this ordinance.) (Section 1- 101.6. LOST, Thecomposition and publication of said notice, towit: DESTROYED OR MUTILATED LICENSES: Any licensee whose license has been lost, destroyed or , mutilated shall immediately apply to abcdefghijklmnopgrstuvwxyz -5 / z pt. Sans the Municipal Clerk's Office for a t duplicate license. If the licensee presents 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 ex- pired, issue a duplicate license.) (Section 1- 101.7. LICENSE EX- .............:...............................:.............. . ............... PIRATION. Every dog and kennel license shall expire on December 31, Subscribed and sworn t0 before . next following the issuance of the license.) (Section 1- 101.8. LICENSES NOT TRANSFERABLE: Dog and kennel me This..' ....... ...........day of:- . :.`.. .:.... _--4.D., 19.`..... licenses shall apply solely to the _ named licensee and shall not be `n - 7 transferable to any other person.) - ` c.;/'• ,� G (Section 1- 101.9. NO REFUND. No refunds will be made of any dog or (NOTARIAL SEAL) kennel license fee.) - (Section 1- 101.10. EXCEPTIONS: The following persons are exempted from the licensing requirements of Notary Public ................... ...........County, Minnesota this ordinance: The owner or keeper of: One or more dogs less than 6 My Commission Expires ....... .......................19....., months old.) (Section 1 -102. KENNELS:) (Section 1- 102.1. NUMBER OF DOGS: Every person who owns or e keeps within The Village three (3) or more dogs six (6) months old or older j� .IpV No . ................ Affidavit of Publication of r., • R • °f Publish9d in BROOKLYN CENTER POST 5617 Corvallis Ave. N. MINNEAPOLIS, MINNESOTA 55429 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST i ESTABLISHED: A village pound is not, and to release said dogs only when 2. Commercial Kennel License. hereby established for the purpose properly licensed and upon the order Application for a commercial kennel of holding animals impounded of the City Council. In the event that license shall be made to the City Clerk. pursuant to the provisions of this any unidentified or stray female dog in A plan and description of the kennel ordinance.) heat is impounded while running at premises and proposed operation shall shall obtain a kennel license. The (Section 1 -104.2 POUNDMASTER: large on public streets, playgrounds, be submitted to the extent requested maximum number of dogs permitted The governing body of the parks or other public property such by the Public Health Sanitarian. Upon by this ordinance to be kept in a ii- municipality may appint a pound- dog may be immediately disposed of' receipt of the license fee the City Clerk tensed kennel shall be five (5). Any + master who shall serve for a period by the Animal Control Officer or the shall refer The application to the person, however, may apply for of one year or until his appointment City Police in accordance with the Public Health Sanitarian for recom- special permission to keep more than is sooner terminated by the provisions of this ordinance.) mendation and to the City Council for five dogs, but not more than ten (10). governing body.) (Section 1 -110. PENALTY: Upon approval. Such application for special per- (Section 1 -104.3 POUNDMASTER'S conviction of any of the 'foregoing Section 1 -109. COMMERCIAL a mission shall be made upon a form DUTIES: The poundmaster shall forbidden acts, any person may be KENNEL DESIGN. Commercial provided by the municipality and shall have the following duties: punished by a fine not to exceed Three kennel floors and walls shall be con - state: a. To ii,aintain the facilities approved Hundred ($300.00) Dollars and by strutted of easily cleanable materials a. The number of dogs the applicant by the governing body as the imprisonment not to exceed ninety and all structures, areas, and ap- proposes to keep. municipal pound in a clean health- (90) days.) purtenances so designed as to b. The breed and sex of the dogs. ful, sanitary and safe condition and (Section 1 -111. DEFINITIONS: facilitate convenient cleaning. c. The length of time the applicant in a humane manner. Animal - An animal as used in this Commercial kennels shall be proposes to keep more than five b. To notify the person named as section includes dogs and wild -adequately ventilated and all doors, dogs. licensee that the dog bearing his animals. windows and other openings to the out d. That the applicant has contacted license has been impounded and Wild animal -A wild animal where of doors shall be screened from May to each of his abutting neighbors and may be redeemed pursuant to the used in this ordinance is intended to October. Commercial kennels shall be has informed each neighbor of his provisions of this ordinance. - exclude dogs, cats and domestic provided with adequate and safe plans to keep more than five dogs c. To dispose of unclaimed dogs, wild animals. water and sewer facilities. Plans for f the i indicated. intend 1 kennels or period ated animals and wild fowl pursuant to Wild Fowl -Wild Fowl is intended all new commeraa ne s or for The Municipal Clerk's Office shall the provisions of this ordinance.) to exclude domestic fowl and pet repairs and alterations to existing than determine: (Section 1 -105. IMPOUNDED fowl. kennels must be filed with and ap- a. Whether the applicant's kennel DOGS: Appropriate License - Appropriate proved by the City Public Health facilities satisfy the requirements a. Every impouhded dog shall, unless license means either a dog or kennel , Sanitarian as a condition of licensure. of Section 1 -102.2 of this ordinance. sooner claimed, be held in the license. Section 1 -110. COMMERCIAL KEN- ', b. Whether the applicant's property is municipal pound for five (5) days. Person- Person means any natural NEL OPERATION. in a residential or non - residential b. Any dog not claimed at the end of person, corporation, partnership or 1. Treatment of Animals. Com- neighborhood. the fifth day may be disposed of joint venture, or association.) mercial kennels shall be operated in a The Municipal Clerk shall issue pursuant to the provisions of Sec- Section 2: Chapter 1 of the City humane manner. The licensee and his special permission if: tion 35.71, Minnesota Laws of 1955, Ordinances is hereby amended by the agents shall not deprive the kenneled a. The applicant's kennel facilities C 144, addition of the following: animals of necessary food, water, or satisfy the requirements of Section c. Any wild animal or wild fowl may AN ORDINANCE REGULATING shelter, nor perform any act of cruelty 1 -102.2 of this ordinance. be disposed of as provided above or THE KEEPING OF DOGS AND to the animals nor in any way permit L. TL. 1 `:, in a r.,=. in any other reasonable and REGULATING KENNELS, AND i or condone cruelty to the animals. residential neighborhood and the humane manner.) PROVIDING FOR LICENSING 2. Sanitary Conditions Required. Municipal Clerk's Office may at- (Se. ioi 1C RvL1 ASE OF IM- THEREOF Every commercial kennel shall be • tach to the license conditions as to POUNDED DOGS The ooundmaster Section 1 -101. DEFINITIONS. The maintained in a clean, healthful, the duration of the special per- following definitions shall apply to sanitary, and safe condition in a mission and as to the number Of shall release any dog claimed by any dogs in excess of five (5) that are to person, upon payment of a poundage terms as used in this ordinance: manner not to create a health hazard be permitted.) fee of $8.00 and upon payment of $1.25 Animal: Animal means dogs, or a public nuisance. All cages, pens, domestic animals, and wild animals. benches, boxes or receptacles in which (Section 1- 102.2. STANDARDS FOR for each day or part thereof for which nr;,,,a, rantron nffirer. Animal animals are confined shall be kept KENNEL OPERATION: Every + the dog has been impounded; except Contol Officer means that person or sanitary and in good repair and shall kennel shall be operated in a clean, that he shall not release any agency designated by the City 1 be humanely proper in size for the healthful, sanitary, safe condition and unlicensed dog unless the claimant Manager to control the keeping of confinement of the respective humane manner in accordance with also shall obtain and display to the animals within Brooklyn Center. standards set forth in Chapter 347.23 poundmaster a current dog or kennel Commercial Kennel. Commercial animals. Animal delivery vehicles Laws of Minnesota 1963, said stan- license. A dog license shall be firmly kennel means any place limited to dards being incorporated herein by affixed to the dog's collar before the C2, 11, and 12 zoning districts where shall be kept clean. All plumbing reference, and so as not to create a dog is released.) the business of keeping raising, fixtures and all utensils used in the public nuisance and failure to do so (Section 1 -107. RESTRAINT OF selling, boarding, breeding, p , g, g, g, preparation of food and the feeding of shall constitute grounds for revocation DOGS: The animal control officer showing, treating, or grooming of the animals shall be kept clean, of the license' of such kennel. The o shall order the owner or keeper of any dogs and other animals is con - sanitary, and in good repair. All refuse determination by the Village Council dog which has bitten a human being or ducted. The term commercial and other wastes shall be removed as to the manner of operation of any domestic animal to keep said dog tied kennel shall include pet shops, frequently and stored and disposed.of kennel in relation to any of said up securely for a period of 14 days animal hospitals and other similar , as prescribed in Chapter 7 of the City r matters shall be presumptive proof following the biting, when in his type operations. ordinances. thereof.) opinion the dog may be afflicted with , Family. An individual or individuals Section 1 -111. DISEASED ANIMALS (Section 1 -103. ANIMAL CONTROL rabies.) living , together as a single PROHIBITED. No person shall OFFICER:( (Section 1 -108. MUZZLING: When in housekeeping unit in a dwelling unit. knowingly bring into Brooklyn Center (Section 1- 103.1. APPOINTMENTS: his opinion there is danger to the Owner. Owner means any person or nor have in his possession nor sell to The animal control officer shall be public from rabid dogs, the Animal the parent or guardian of a person another person any animals that are appointed by the governing body of the ' Control Officer shall recommend to under 18 years of age who owns, afflicted with infectious or contagious municipality and shall serve for a the governing body of the municipality harbors, or keeps an animal in the diseases. All such diseased animals period of one year or until earlier that it require the muzzling of every City of Brooklyn Center. must be destroyed in a humane termination of The appointment by the dog found within The municipality Person. Person means any person, manner unless the disease is curable + Council.) unless the dog is securely tied or held firm, corporation, partnership, joint and the animal is under the care of and (Section 1 -103.2 DEPUTIES: The upon The owner or keeper's premises.) , venture or association, receiving treatment from a licensed animal control officer may appoint a (Section 1 -109. FINES AND Section 1 -102. LICENSES veterinarian. deputy to assist him in performing his PENALITIES:) REQUIRED Section 1 -112. ANIMAL CONTROL duties.) (Section 1- 109.1. It shall be unlawful 1, Dog License. Every dog owner in OFFICER. The Animal Control Of. (Section 1- 103.3. DUTIES: The for any person to permit a dog to run at Brooklyn Center shall annually obtain ficer shall have the following duties: animal control officer shall have the ' large off of the premises of the owner from the City Clerk a dog license and a. To impound any dog found within following duties. or keeper and either unleashed or out tag for each dog exceeding six months the municipality without a current a. To impound any dog found within of, the immediate control of a old. Dogs kept in a commercial kennel license. the municipality without a current responsible person.) need not be individually licensed. A b. To impound any dog found within + license. (Section 1- 109.2. It shall be unlawful license tag shall be affixed by the Brooklyn Center running at large b. To impound any dog found within for any person to own or keep more , owner to the collar of each dog so off the premises of the owner and the municipality running at large, than 2 dogs on his premises in the licensed and shall be constantly worn. out of the immediate supervision i.e. off of the premises of the owner municipality without obtaining a 4. Commercial Kennel license and verbal command of the owner and either unleashed or out of the kennel license pursuant to this or- Every person desiring to operate a or his agent. immediate control of a responsible dinance.) commercial kennel shall annually c. To dispose of all unclaimed dead person. (Section 1- 109.3. It shall be unlawful obtain from the City Clerk, upon animals found within the City. c. To inspect the kennel facilities of for any person to own or keep a authorization by the City Council, a d. To patrol the streets of Brooklyn any applicant for a kennel license. greater number of dogs than is commercial kennel license. Kennel Center for the purpose of enforcing d. To impound and dispose of, pur- designated upon his kennel license.) licenses shall be posted in a con- the provisions of this ordinance. n suant to this section, any wild (Section 1- 109.4. It shall be unlawful spicuous place within the licensed Section 1 -105. LICENSE FEES AND animals, as defined by this or- for any person to own or keep any CONDITIONS. unlicensed dog in the municipality, premises. dinance,whicharefoundwilhin4he y' Section 1 -103. VACCINATION 1. Annual Fees. Village. unless specifically excepted herein.) REQUIRED. The owner of every dog Dog License: e. To dispose of all dead animals found (Section 1- 109.5. It shall be unlawful Male or Female .............$8.00 within the Village. for any person to maintain dogs in in Brooklyn Center shall cause such f dog s. be currently vaccinated for Neutered Male .............. $5.00 . To patrol the streets of the t such a way as to create a public rabies. A certificate of vaccination or Spayed Female ..............$5.00 municipality for the purpose of nuisance.) other statement of the same effect Upon presentation of proof performing the above mentioned (Section 109.6. It shall be unlawful executed by a licensed veterinarian thereof) duties and to enforce the provisions for any person to violate a muzzling shall constitute prima facie proof of r Delinquent Dog License ....$15.00 • of this ordinance. The hours of proclamation enacted by the gover- the required vaccination. Commercial Kennel License $35.00 patrol will be prescribed by the ning body) Section 1 -104. LICENSE APPLICA- 2. Expiration Dates. Dog licenses resolution of the governing body (Section 1- 109.7. FEMALE DOGS: It TION PROCEDURES. shall expire on May 31 each year. appointing the animal control of- shall be unlawful for any person, firm 1. Dog License. Applications for dog Commercial kennel licenses shall ficer and by any amendments or corporation owning, keeping or licenses shall be made before the City expire December 31 each year. thereto approved by The governing harboring any female dog or dogs to Clerk. Upon receipt of the license fee 3. Refunds, Prorations, and body. + allow them to run at large within the and upon presentation of proof of Transfers. No dog- or kennel license g. To refer violations of this ordinance City while in heat and the Animal rabies vaccination, the City Clerk is fees shall be refunded for any reason. to the municipal attorney for Control Officers and his deputies are authorized to issue a receipt of Neither shall such license fees be review.) hereby authorized and directed to take payment and a metallic, identifying prorated. Licenses shall not be (Section 1 -104. VILLAGE POUND:) up and impound such female dogs, license tag. transferable. (Section 1- 104.1. POUND wherever found, whether licensed or ..,� 4. Lost, Destroyed or Mutilated Section 1 -117. PENALTY. Whoever License Tags. The City Clerk shall, does any act or omits to do any act (t upon payment of $3, issue a duplicate which constitutes a breach of this dog license tag to an owner whose dog ordinance shall upon conviction license tag has been lost, destroyed or thereof be punished by a fine not to mutilated. exceed three hundred dollars (4300) Section 1 -106. KEEPING OF DOGS and by imprisonment not to exceed LIMITED. No family shall own or ninety (90) days. keep more than two dogs exceeding six Section 3: This ordinance shall months of age on the family premises become effective after adoption and in Brooklyn Center. upon thirty (30) days following its Section 1 -107. MANNER OF legal publication. KEEPING ANIMALS. No person shall Adopted this day of_ keep any dogs or other animals in 19 Brooklyn Center in an insanitary place or condition or in a manner which Mayor results in noisome odors, or in such a ATTEST: way as to constitute a nuisance or a Clerk disturbance by reason of barking, Published in the official newspaper_ howling, fighting or other noise, or in Effective Date such a way as to permit the animals to Brackets indicate matter !o be annoy, injure or endanger any person deleted, boldface indicates new or property. Section 1-10 matter.) CONFINEMENT AND (Published in The Brooklyn Center keeps an animal l shall allow or permit CONTROL. person who owns Post Aug. 1, 1974) " t 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 super. vision 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 I other public place without being ef- fectively 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 -113. IMPOUNDMENT ADMINISTRATION. The City Manager shall establish dog im- poundment 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 ap- prehended 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 iicense by paymg the delinquent dog license fee in addition to other apprehension and poundage fees established. Securing such delinquent dog license and paying poundage fees shall not relieve the owner of any misdemeanor charges which may be filed under the z provisions of this ordinance. Section 1.115. INTERFERENCE PROHIBITED. No person shall in- terfere 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 ha% 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 proofof previous vaccination is furnished and booster injections are given by a licensed veterinarian at the expense of the owner.