HomeMy WebLinkAbout1965 12-27 CCM Regular Session 243
Minutes of the Proceedings of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota
December 27, 1965
The Village Council met in regular session and was called to order
by Mayor Gordon Erickson at 7 :30 P. M.
Roll Call: Present were Mayor Gordon Erickson, Phil Cohen, john
Leary, Earl Simons and Howard Heck. Also present were A. J. Lee, D. G.
Poss, T.L. Hadd, P.W. Holmlund, T. L. Willard, M. R: Hyde and Chief
O'Hehir.
Motion by John Leary and seconded by Phil Cohen - to approve the
minutes of the December 13, 1965 Council Meeting as recorded. Motion
carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to approve the
minutes of the December 20, 1965 Council Meeting as corrected. Notion
carried unanimously.
Motion by John Leary and seconded . by Howard Heck to accept
alternate bid No 2 s
ubmitted ardware Mutual Insurance
H Mu a fa
by Co. C r the
provision of General Liability Insurance for the years 1966, 1967 and 1968.
Motion carried unanimously.
Motion by Phil Cohen and seconded by John Leary to declare the
first reading of an ordinance amending Chapter 6 of the Village Ordinances
and order a second reading placed on the January 10th agenda. Motion
carried unanimously.
Motion by John Leary and seconded by Phil Cohen to declare the
first reading on Park and Recreation Advisory Commission and order a second
reading placed on the January I`0th agenda. Motion carried unanimously.
Mr. Leary requested that the clerk enter into the minutes a notice
of receipt on December 27 of a carbon copy of a notice of hearing pertaining
to the abatement of taxes on the Earle Brown Farm, said hearing to be held
on December 28.
Member Howard Heck introduced the following Ordinance Amendment
and moved its adoption, and further moved that for the purposes of the
minutes of the proceedings of the Village Council, the text of the ordinance
shall be attached to the minutes and be a part thereof:
AN ORDINANCE AMENDING CHAPTER 3 OF THE BUILDING
ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER BY ADOPTING
THE UNIFORM BUILDING CODE 1964 EDITION AS PUBLISHED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
TOGETHER WITH APPENDICES INCLUDED IN SAID CODE, BY
REFERENCE, AND REPEALING CONFLICTING PROVISIONS
The motion for the adoption of the foregoing ordinance amendment was duly
seconded by member Earl Simons, and upon vote being taken thereon, the
following voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons,
John Leary and Howard Heck, and the following voted against the same:
none, whereupon said ordinance amendment was declared duly passed and
adopted.
Member Phil Cohen introduced the following ordinance amendment,
moved to waive the policy requirement of two readings of proposed
ordinances and adopt the following ordinance amendment, provided, however,
that for the purposes of the proceedings of the Village Council, the text of
the ordinance amendment shall be attached to the minutes and shall be
considered a part thereof:
-1-
245
AN ORDINANCE REGULATING THE KEEPING OF
DOGS, AND REGULATING KENNELS, PROVIDING
FOR LICENSING THEREOF, AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
The motion for the adoption of the foregoing ordinance amendment was duly
seconded by member John Leary, and upon vote being taken thereon, the
following voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons,
John Leary and Howard Heck, and the following voted against the same:
none, whereupon said ordinance was declared duly passed and adopted.
Motion by John Leary and seconded by Howard Heck to authorize
the Mayor and Clerk to sign an agreement with the Animal Control Officer.
Motion carried unanimously.
Member Howard Heck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 65 -251
RESOLUTION AUTHORIZING A $16, 000.00 ADVANCE`
FROM THE PUBLIC UTILITIES OPERATING FUND TO
THE 1956 B FUND
The motion for the adoption of the foregoing resolution was duly seconded Y
member John Leary, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons, John
Leary and Howard Heck, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Motion by Howard Heck and seconded by John Leary to approve the
purchase of the balance of the street salt requirement for - the current winter
season with Carguard additive, from the Cargill Corporation, in accordance
with bids previously submitted. Voting for the motion: Phil Cohen,. John
Leary and Howard Heck and against the same: Gordon Erickson and Earl
Simons. Motion carried.
Motion by Phil Cohen and seconded by Earl Simons to approve the
final plat of Halek's 5th Addition, contingent upon the submission of
required bonds and guarantees. Motion carried unanimously.
Motion by John Leary and seconded by Howard Heck to approve the
following licenses:
Electrical License
Bill Richmond Electric Co. 916 - 1 t Ave. No.
Cigarette Licenses
Ideal Northbrook Drug 5740 Morgan Ave. No.
Quik Pic Superette 4401 - 69th Ave. No.
Gasoline Service Station License
Sears Brookdale 1297 Brookdale Center
Retail "Off Sale" License
Quik Pic Superette 4401 - 69th Ave. No.
Motion carried unanimously.
Member Phil Cohen introduced the following resolution and moved
its adoption:
RESOLUTION NO. 65 -252
RESOLUTION TRANSFERRING FUNDS FROM THE BOND
FUND TO THE CERTIFICATE OF INDEBTEDNESS FUND
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247
The motion for the adoption of the foregoing resolution was duly seconded
by member john Leary, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons, john
Leary and Howard Heck, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
The bills having been audited, Earl Simons moved and Howard Heck
seconded to order paid the bills set forth in the schedule dated December
27, 1965, and filed in the permanent record book. Motion carried
unanimously.
Motion by Phil Cohen and seconded by Howard Heck to adjourn.
Motion carried unanimously. The Village Council adjourned at 11:59 P. M.
C- 0 Mayor
Clerk
-3-
AN ORDINANCE AMENDING CHAPTER 3 OF THE BUILDING
ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER BY ADOPTING
THE UNIFORM BUILDING CODE 1964 EDITION AS PUBLISHED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
TOGETHER WITH APPENDICES INCLUDED IN SAID CODE, BY
REFERENCE, AND REPEALING CONFLICTING PROVISIONS
THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN
AS FOLLOWS:
Section 1: Chapter 3 of the Village Ordinances is hereby amended to
read as follows:
Section 3 -101. ADOPTION OF THE U.B.C. WITH APPENDICES.
Those documents,, P 3 copies of which are on file in the Office of the
Village Clerk, being marked as "Uniform Building Code 1964 Edition" together
with appendices included with said codes, published by the International
Conference of Building Officials excepting only therefrom the amendments
and additions included in Chapter 3 of the Building Ordinance of the Village
of Brooklyn Center and excepting Section 303 entitled "Building Permit Fees"
and Chapter 70 of the U. B. C entitled "Excavation and Grading ", are hereby
adopted by reference as the Building Code of the Village of Brooklyn Center
and all terms of said code and appendices thereto are made a part thereof
as if fully set forth in Chapter 3 excepting for amendments and additions
referred to.
Section 3 -102 VARIANCES. Variances from the Uniform Building
Code adopted in Section 3 -101 are as follows:
Section 3- 102.1 MAXIMUM SPAN OF FLOOR JOISTS. The maximum
allowable span of floor joists shall be those determined from Table No. 25 -Q
Chapter 25, deleting therefrom Column 2 (entitled "Without Plaster Ceiling
Below ") in each of the groups 1 through 4.
Section 3- 102.2 EXTERIOR WALL SHEATHING. Type V buildings
which are one or more stories in height shall have all exterior walls covered
with solid sheathing. Sheathing shall be one or more of the following
materials:
(1) Boards not less than 1" nominal thickness
(2) Plywood not less than 1/2" thickness complying with
Uniform Building Code Standard 25 -11 -64
(3) Fibreboard not less than 1/2" thickness complying with
Uniform Building Code Standard 22 -1 -64
(4) Gypsum sheathing shall not be used
Section 3- 102.3. PLYWOOD ROOF SHEATHING. Plywood having a
minimum thickness of 1/2 inch may be used. Adequate blocking or edge
supports shall be used when the span exceed 24 inches O.C. for 1/2
Inch plywood, 32 inches O.C.for 5/8 inch plywood and 36 inches 0. C.
for 3/4 inch plywood, in compliance with table 25-p -of U. B.C.
Section 3- 1.02.4, FITS.
(1) Buildings classified in Group I occupancy shall have not less
than two exits located in remote parts of the building and leading directly
to a street,' alley, court or yard. Stairs shall be wholly enclosed and
shall together with the exit door, comply with the requirement of Chapter
33 of the Uniform Building Code.
(2) Apartment buildings classified in Group H occupancy shall
have not less than two exits adequately separated so that if one becomes
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unusable for any reason, the other will be available and useable. One-
fifth of the perimeter of the building shall be considered adequate separation
between entrances to exits or w
bet een termination of exits. Said apartme nt
buildings shall in all other respects conform to the requirements pertaining to
stairs, exits, and smoke proof enclosures as specified in Chapter 33 of the
Uniform Building Code.
3 Apartment buildings classified in Group H occupancy of O P ng P P Y type
5 or 5N construction shall have not less than two exits from each apartment
unit opening directly upon a street or alley or upon a yard or courtyard not
less than four feet in width and connected to a street or alley or into an
approved passageway not less in width than the stairway opening into such
passageway and not less than seven feet in width.
Section 3- 102.5.. ACCESSORY BUILDINGS. Private garages, sheds,
and agricultural buildings or other detached accessory buildings perms "tted
upon a residential lot but not to be used for human occupancy shall conform
to the following specifications.
(1) Foundation. The building shall be constructed upon a floating
slab or other approved foundation on soil free of organic material withi
the construction limits The slab, when used, shall be poured in a mon .3lithic
manner with a minimum thickness of 4" increasing to 8" for a 6" width
around the perimeter. Concrete having a 28 day strength of 3000 lbs. per
square inch shall be used. If the slab rests on fill, it shall be reinforced
with 6" x 6" #10 - 10 wire mesh, lapped 6" at splices and bent down into
the edge of the slab at least 6"
(2) Bottom Plate. The bottom plate shall consist of not less than
one 2" x 4" anchored by 3/8" x 8" bolts with washer and nut and spaced
not more than 6 feet on centers and not more than 12 from each corner on all
sides of the building.
(3) Studs. The wall studs shall be not less than 2" x 4" boards
spaced 16" O.C.
(4) Top Plate. The top plate shall consist of not less than 2" x 4"
boards lapped at corners and overlapped at splices not less than 32 ".
(5) Wall Sheathing. The walls shall be sheathed with any of the
materials permitted in Section 3 -102, subsection b, of this ordinance.
If wood board sheathing is used, corner bracing of minimum size 1" x 4"
shall be let into the studs and plates.
Section 3 -102.5 (Cont'd)
6. Headers. The headers over doors shall be of the following
sizes:
For Door Openings Headers
Not over 8' Two 2" x e"
Not over 10 Two 2" x 10"
Not over 12' Two 2" x 12"
For openings greater than 12 feet, the header is to be designed to carry
the vertical and lateral forces acting thereon.
(7) Rafters. Rafters are to have a minimum size of 2" x 4" . When
the unsupported span does not exceed 8 feet, it is to be provided with rafter
ties spaced not more than 4' O.C. For unsupported spans not exceeding 14',
collar ties of a minimum size of 2" x 4" shall be provided at a spacing of
not more than 4' O. C. and for unsupported spans of not more than 20', collar ties
of a minimum size of 2" x 6" spaced not more than 4' O. C. shall be provided. For
unsupported spans in excess of 20', a properly designed truss capable of .3upporting
the dead, snow, and wind loads on the roof shall be used.
(8) Roof Sheathing. Roof sheathing shall consist of 1 nominal
thickness boards or of 1/2 inch minimum thickness plywood applied
perpendicular to the framing members.
(9) Shingles. Either wood shingles or composition shingles or
other roofing material complying with and applied as specified in Sections
1704 and 3203 of the Uniform Building Code as adopted in Section 3 -101 of this
ordinance shall be used.
(10) Exterior Wall Covering. The exterior wall covering shall be
of a type complying with and applied according to Section 2507 -f -2 of the
Uniform Building Code.
( 1 1) Windows and Doors. All windows and doors shall be installed
in approved frames, and all glass shall be installed in approved sash, as
determined by the Building Official.
Section 3 -103 BOARD OF APPEALS.
The Board of Appeals -created by Section 204 of the U. B.C. shall
consist of the rAembers of the Village Council. When sitting as the Board
of appeals, the Council shall engage and have present such persons as may
be qualified to provide technical advice on the matters under. considera ion.
Section 3 -104 GROUND WATER AND GRADE DETERMINATION
INSPECTIONS; FINAL INSPECTIONS.
Section 3- 104.1 At the time of inspecting the building foundation,
the Building Official shall, where and when he deems it appropriate, require
adequate test borings at the site to determine the level of the ground water
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table at the site.
} Section 3- 104.2. Every building shall be so constructed that the
level of the finished basement floor shall be:
(1) three (3) feet above the level of the ground water table
as determined by the Building Official; or
(2) protected by a drainage system approved by the Building
Official.
Section 3- 104.3. Every lot shall be so graded that the finish grade
of the lot measured at the building foundation shall be a minimum of one
foot above the center line of the abutting public street; except that deviatior .
from this provision may be authorized by the Village Engineer when an
adequate storm water drainage system, approved by the Engineer, has been
installed.
Section 3 -105 INCOMPLETE EXTERIOR CONSTRUCTION.
Buildings or structures having exterior walls made up of building
paper or unpainted wood, except those structures with exterior wall surfaces
specifically designed for natural weathering which are comprised of materials
which will not deteriorate appreciably, shall not be considered completed
within the meaning of this code, and shall not receive final inspection while
in this condition.
Section 3 -106 BOUNDARY LOCATIONS,
Section 3- 106.1 At the time of the footing inspection, the person,
firm or corporation responsible for the construction of the building or
structure shall have in place accurate survey stakes indicating the boundaries
of the lot or parcel upon which the structure is to be built.
Section 3 -106.2 At the time of final inspection, the person, PM,
or corporation responsible for the construction of the building or structure,
shall have in place survey monuments indicating the boundaries of the tract or
lot upon which such structure is built. These monuments shall consist of
Iron stakes, together with a 2" x 2" stake, the top of which shall be at least
1 foot above the established grade. These survey monuments shall correspo:)�:
to the tract or plot of land which is proposed to be conveyed to a third party.
Section 3 -107. NOTICE AND PENALTY FOR NON - CONFORMANCE W1 ali
PLANS, TIME LIMIT ON PERMITS.
Section 3- 107.1. Should the "Building Official" find that the
construction or alteration for which a permit was issued is not proceeding
according to the plans and specifications submitted to him, he shall give
written notice to the person to whom such permit was granted or the person in
charge of such construction or alteration of such finding, and of the particulars
in which such plans or specifications are not being complied with, whereupon
such construction or alteration shall be made to conform to said plans and
specifications. If after such notice the corrections are not made to make
such construction or alteration conform to such plans and specifications,
the Building Inspector shall revoke the permit by a written notice to be given
to the person to whom such permit was granted or to the person in charge
of such construction or alteration.
Section 3- 107.2. If the construction or alteration for which a
permit was issued is not commenced within 60 days after the date of
.issuance of such permit, such permit shall expire and be of no effect„
Section 3- 107.3. It shall be unlawful to commence or to proceed
with the construction or alteration for which a permit was issued and
subsequently was revoked or expired, until a new permit is issued therefore.
Section 3 -108, BUILDING PERMIT FEES.
Section 3- 108.1. For any permit for the erection of any buildings
or structures other than commercial and industrial buildings and buildings
of public assemblage or for the erection of any addition for similar
occupancy to any existing building, the fees so charged shall for each
such building or addition included in such permit be based on the cubical
contents of each building or addition, and shall be at the rate of $3.00 for
the first 1,000 cubic feet or fraction thereof and $.75 for each additional
1,000 cubic feet or fraction thereof, of space within the proposed stricture.
Section 3-108.2. For any such permit �or the erection of a commercial
or industrial building or buildings of public assemblage or for the erection
of any addition or similar occupancy to any existing building, a fee shall
be charged at the rate of $1.10 for every 1,000 cubic feet or fraction thereof
of space within the proposed structure.
Section 3- 108.3. For any such permit for the repair, remodeling,
or alteration to any existing building or structure, the fee charged for such
permit shall be as follows:
(1) If the estimated cost for all proposled work is $50.00 or less
no fee shall be charged.
(2) If the estimated cost for all proposed work is between $ 50.00
and $500.00, the fee shall be $3.00.
(3) If the estimated cost for all proposed work is between $ 500.00
and $1,000.00, the fee shall be $5.00.
(4) If the estimated cost for all proposed work exceeds $1,000.00,
the fee shall be $5.00 plus $2.00 for each thousand dollars of estimated
cost or fraction thereof in excess of $1, 000.00.
Section 3- 108.4. For the purpose of clomputing fees for building permitE
as above provided, the cubical contents of any proposed structure or addition
to an existing structure shall be computed in the following manner to determine
the cost of the building permit:
(1) If the proposed structure or addition consists of one story without
basement, the cubic feet shall be determined by multiplying the actual square
footage by 15.
I
I
Section 3 -108.4 (Cont'd)
(2) If the proposed structure or addition consists of one story and
basement, the cubic feet shall be determined by multiplying the actual
square footage by 20.
(3) If the proposed structure or addition consists of one story, a
basement and expansion area, the cubic feet shall be determined by
multiplying the actual square footage by 24.
(4) If the proposed structure or addition consists of two stories
and basement, the cubic feet shall be determined by multiplying the actual
square footage by 28.
(5) The cubic feet of garages, porches and breezeways shall be
determined by multiplying the actual square footage therein by 10.
(6) If the proposed stricture or addition does not fit in the categories
set out in (1) through (5) above, the cubic feet shall be determined in
accordance with accepted engineering methods.
Sect ion 3 -109. PLAN CHECKING FEES. When the valuation of the
proposed construction (except one and two family dwellings, and structures
accessory thereto) exceeds $1,000.00 and a plan is required to be submitted
by Section 301 (c) of the U.B.C. , a plan checking fee shall be paid to the
Village Clerk at the time of submitting plans and specifications for checking.
Said plan checking fee shall be as indicated on this accompanying table
3 -A.
TABLE NO. 3A - PLAN CHECKING FEES
TOTAL VALUATION FEE
The first $1,000.00 . ............................... $ 3.00
Each additional $1, 000.00 or fraction, to and
including $25,000.00 ........................ $ 1.50
Each additional $1,000,00 or fraction over
$25,000.40 to and including $50,000.00 ....... $ 1.25
Each additional $ 1, 000.00 or fraction over
$50, 000.00 to and including $100, 000.00 ...... $ 75
Each additional $1,000.00 or fraction, more than
$100,000.00 . .............................. $ . 50
Section 3 -110, VALIDITY. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portions of this
ordinance. The Village Council hereby declares that it would have passed
Section 3 -110 (Cont'd)
this ordinance and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
or clauses and phrases be declared unconstitutional.
Section 3 -111. SUPREMACY CLAUSE. Any conflict between the
provisions of Sections 3 -101 through 3 -110 of this ordinance and provisions
of the U. B. C. shall be resolved in favor of the provisions of this ordinance.
Section 2. Section 3 -101 through 3 -302, and Section 3 -816 through
3 -817, both inclusive, of the Village Ordinances, and other ordinances in
conflict herewith are hereby repealed.
Section _ 3. This ordinance shall be effective from and after its legal
publication.
Adopted this 27th day of December 1965.
Mayor
ATTEST:
Clerk
DEC 2 71965
AN ORDINANCE REGULATING THE KEEPING OF DOGS, AND
REGULATING KENNELS, PROVIDING FOR LICENSING THEREOF,
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND
AME 111DING CHAPTER 1 OF THE VILLAGE ORDINANCES
THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN
AS FOLLOWS:
Section 1: Chapter I of the Village Ordinances is hereby amended to
read as follows:
Section 1 -101. LICENSING: Every owner or keeper of one or more docks
shall obtain an appropriate license from the office of the Municipal Clark.
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:
Dog License - Male ............... $3.00
Female. . . 5.0 0
Spayed female....... 3.00
( upon presentation of
proper proof thereof)
Kennel 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. 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.
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.
g
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 issues special permission if-
P pe pe
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 any kennel in relation to any of
said matters shall be presumptive proof thereof.
Section 1 -103. ANIMAL CONTROL OFFICER:
1- 103.1. APPOINTMENTS: The animal control officer shall be
appointed by the governing body of the municipality and shall serve fc 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 serve 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.
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.
Section l -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 hereL
repealed.
Section 3: This ordinance shall be effective from and after its legal
publication.
Adopted this 27th day of December 1965.
Mayor
Clerk