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HomeMy WebLinkAbout1965-20 12-27 CCO AN ORDINANCE REGULATING THE KEEPING OF DOGS, AND �® REGULATING KENNELS, PROVIDING FOR LICENSING THEREOF, • AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND A- MENDING CHAPTER 1 OF THE VILLAGE ORDINANCES • THE VLs,LAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 1 of the Village Ordinances is hereby amended to read as follows: 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. 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. • 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. 1- 101.3. LICENSING FEES: D og License - Male ............... $3.00 F emale ............. 5.00 Spayed female....... 3.00 ( upon presentation of proper proof thereof) K ennel License ................... 3.00 1- 101.4. LICENSE APPLICATION. Application for an appropriate license shall be made upon forms provided by the municipality. Application • for an appropriate license shall be made within 7 days of the day upon which any person become s 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, prese t t he 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 • 1-101.5. LICENSE CONDITION: The number of dogs may be limited pursuant to this ordinance. 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 presents to the Municipal Clerk's Office the receipt showing payment of the original licensee 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. 1- 101.7. LICENSE EXPIRATION: Every dog and kennel license shall expire on December 31, next following the issuance of the license. 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. 1- 101.9. NO REFUND. No refunds will be made of any dog or kennel license fee. 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: • 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 ordinance 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 application for special permission shall be made 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. The Municipal Clerk's Office shall then determine: a. Whether the applicant's kennel facilities satisfy the requirements 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 requirements 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. 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 an kennel in relation to pe y at on any of said matters shall be presumptive proof thereof. Section 1 -103. ANIMAL CONTROL OFFICER: 1- 103.1. AP POINTMENTS. 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. 1- 103.2. DEPUTIES: The animal control officer may appoint a deputy to assist him in performing his duties. 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. 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: 1- 104.1. POUND ESTABLISHED: A village pound is hereby established for the purpose of holding animals impounded pursuant to the provisions of this ordinance. 1- 104.2. POUNDMASTER: The governing body of the municipality may appoint a poundmaster who shall seine for a period of one year or until his appointment is sooner terminated by the governing body. 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 disposed of pursuant to the provisions of Section 35.71, Minnesota Laws of 1955, C. 112. s 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: 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. 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. 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. 1-109.4. It shall be unlawful for any person to own or keep any unlicensed dog in the municipality, unless specifically excepted herein. 1- 109.5. It shall be unlawful for any person to maintain dogs in such a way as to create a public nuisance. 1- 109.6. It shall be unlawful for any person to violate a muzzling proclamation enacted by the governing body. 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 Village 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 Village 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 Village 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 $100.00 or by imprisonment not to exceed 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. A Section 1 -111 (Cont'd) 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: Sections 1 -101 through 1 -119 of Chapter 1 are hereby repealed. Section 3: This ordinance shall be effective from and after its legal publication. Adopted this 27th day of December 1965. • Mayor Clerk