Loading...
5.6. SR 11-18-1996ITEM 5.6. ~ty of iver FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Sandra Thackeray, City Clerk November 18, 1996 Ordinance Amendment pertaining to Dogs, Cats and other Animals INTRODUCTION Staff is proposing to entirely repeal the existing dog/animal ordinance and to adopt a new ordinance which would include cats. INCLUSION OF CATS The main purpose for adoption of the proposed ordinance is to include cats in the licensing requirements and some of the laws that pertain to dogs. This ordinance protects the residents from public nuisances of cats such as running at large; damage of property, odor, etc. LICENSING OF DOGS AND CATS The proposed ordinance requires dogs and cats over six months of age to be licensed. Prior to receiving a license, the dog or cat owner must provide evidence that the animal has been inoculated for rabies. A license is effective for a two year period and the license fees are set by the Council. KENNELS - PRIVATE AND COMMERCIAL The new ordinance differentiates between a commercial and a private kennel. A commercial kennel is a premises where more than three animals are boarded, trained, or bred for compensation or are offered for sale. A private kennel refers to an individual who has more than three dogs or three cats over six months of age, or more than ten cats if located on ten acres or more. Kennel licenses will be determined by the Council prior to the first of the year. CONCLUSION 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 If the Council approves the proposed ordinance, the zoning and land use issues pertaining to kennels will be discussed under the planning section of the agenda. The police chief will be present at Monday's meeting to present this ordinance. ACTION REQUESTED Council motion to adopt the ordinance pertaining to dogs, cats and animals. s :XcouncilXcatmemo.doc (EXISTING ORDINANCE) It shall be the duty of the Animal Warden to keep the following records, subject to inspection by the Council, City Administrator, or their designated agents as set forth in the following paragraphs: 1. Accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into custody. 2. Accurate and detailed records of all reported bite cases and investigations for a period of three (3) years. 3. Accurate records of all citations issued for violations of this ordinance. 4. Accurate and detailed records of all money collected and expended in the operation of the functions of his office. (EXISTING ORDINANCE) 502.08 - RUNNING AT LARGE PROHIBITED No dog shall be allowed by its owner to run at large and every owner of a dog shall cause the same to be: 1. Confined to the owner's property by training, fencing, or leashing and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such dogs shall not attract other dogs on account thereof. 2. While in any public place such as a school, playground, or a park to be on a leash, chain or cord of not more than six (6) feet in length and in the custody of a person of sufficient age to adequately control the dog at all times. 3. While in all other areas such as on a public street or in an automobile, to be in the custody of a person of sufficient age to adequately control the dog at all times, and to have and keep said dog under control. 502.09 - WILD OR VICIOUS ANIMALS PROHIBITED No person shall keep or allow to be kept any place in the City any animal of a ferocious or vicious character, habit or disposition, or any animal which is wild by nature. 502.10 - ANIMALS BITING HUMAN BEINGS 1. Whenever an owner within the limits of the City shall learn that his or her animal has bitten a human being, such person shall immediately confine the said animal in a place where it cannot escape or have access to any human being or other animal. The owner shall also immediately notify the Elk River Police Department. 2. Whenever the said officer of the Police Department shall learn that a human being has been bitten by any animal, said officer shall ascertain the identity of the animal and the person owning, harboring, or possessing it and shall immediately direct such person to confine such animal as deemed appropriate by the officer. A. Any animal so ordered confined shall be confined as so directed for a period of at least ten (10) days, kept apart from other animals. B. Upon expiration of said ten (10) days, if it is determined the animal does not have a disease which might (EXISTING ORDINANCE) have been transmitted by such bite, the animal may then be released. 3. Every fierce, dangerous or vicious animal, including dogs, that has a history of biting a human or any domestic animal, shall be confined by the owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 502.11 - CONFINEMENT OF ANIMALS WITH HISTORY OF BITINC Every fierce, dangerous or vicious animal, including dogs, that has a history of biting a human or any domestic animal, shall be confined by the owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 502.12 DOGS ON LEASH The restriction imposed by Section 502.08 shall not prohibit the appearance of a dog upon the streets or other public place when such dog is on a leash or under restraint, except a female dog in season. 502.14 - ABANDONMENT OF ANIMALS It shall be unlawful to abandon any dog or other animal within this City. 502.16 - DOG LICENSE REQUI~D 1. No person shall own, harbor or keep a dog over six (6) months of age within the City unless a current license for such dog has been obtained. The license shall be issued for a two (2) year period and shall expire on December 31 of the last year of the license issued. A late payment charge, in the amount set by the Council from time to time, shall be assessed for failure to apply for a renewal license by March 1 of the year of expiration of the current license. The City Administrator may prorate the amount of the license fee of one who owns, harbors or keeps a dog over six (6 months of age for less than a full two-year period. 2. The license fee for the keeping of a dog over six (6) months of age may be waived on application by a person who shall certify that he or she is over the age of sixty-five (65) years and has an annual income not in excess of Five Thousand Dollars ($5,000). 502.18 DOG LICENSE FEE AND APPLICATION (EXISTING ORDINANCE) It shall be required of each person owning, keeping or harboring a dog to pay a license fee to the City Administrator as imposed by this section, except as provided in Section 502.36 herein. The license fee for any dog shall be computed at the rate duly set by the Council from time to time. Each application for such license shall include a statement, signed by the person applying for the license, which certifies that the dog has been inoculated for rabies not more than twenty-four (24) months preceding the date of application. Upon receipt of the license fee and the signed application, the City Administrator shall execute the receipt in triplicate, the original of which shall be given to the person who pays the fee. The duplicate shall be given to the Police Department and the third copy shall be retained in the records of the City Administrator. This receipt shall describe the dog as to color, breed, age, sex and weight. Any owner shall produce for inspection the license receipt upon the request of the Animal Warden or a police officer. 502.20 - UNAUTHORIZED USE OF DOG LICENSE RECEIPTS, TAGS OF INOCULATION CERTIFICATES It shall be unlawful for any person to use for any dog a license receipt, license tag, or a rabies inoculation certificate issued to another person or dog. 502.22 - DOG TAGS The City Administrator shall procure a sufficient number of metallic tags for delivery of one such tag to the person paying the license fee. It shall be the responsibility of the owner of the dog for which said tag was obtained to permanently attach the tag to the collar of the dog in such manner that the tag may be readily seen. The tag is not transferable to any other dog or to a new owner of the dog. If a tag is lost or stolen, the owner may obtain a new tag by surrendering the license receipt for the first tag and by paying an additional fee as duly set by the Council from time to time. 502.24 IMPOUNDING DOGS The Animal Warden or any police officer of the City shall seize and impound any dogs found in the City without the tag provided for by this ordinance, or dogs running at large in violation of Section 502.08. To enforce this ordinance, said Animal Warden or police officer may enter upon any private premises in pursuit of a dog running at large. It shall be unlawful for any person or persons to interfere with the Animal Warden or a police officer engaged in taking a dog hereunder for impounding or to refuse to (EXISTING ORDINANCE) surrender a dog to the A~imal Warden or a police officer for confinement as required in Section 502.26 herein. 502.26 IMPOUNDING STRAY DOGS OR ANIMALS 1. The Animal Warden or any police officer may seize or impound any dog or animal found astray on public property or claimed to be astray by the owner of the premises upon which such animal may be found provided that the owner of the premises demands such seizure or impoundment and agrees in writing to indemnify and hold harmless the City from any claim for damages by the owner of said dog or other animal. 2. Disposition of such impounded stray shall thereafter be pursuant to the provisions of Section 502.28 herein. 502.28 - DISPOSITION OF CERTAIN DISEASED OR DANGEROUS DOGS OR OTHER ANIMALS 1. Any dog or other animal displaying symptoms of being rabid may be seized at any place or time and shall be confined in the City dog pound, or other appropriate place designated for such purpose by the Council from time to time, at the expense of the owner, until found to be free from rabies. 2. If any dog or other animal appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and such dog or other animal cannot be taken up and impounded without serious risk, such dog or other animal may be killed if reasonably necessary for the safety of any person or persons. 3. When any dog or other animal has bitten any person, wherein the skin has been punctured or the services of a doctor are required, a report of the incident shall be made to the Police Department by the owner or custodian of the biting dog or animal, or the person bitten or his parent or guardian within twenty-four (24) hours of the bite. 502.30 REDEMPTION OF DOGS AND OTHER ANIMALS 1. The City, upon the impounding of any dog or other animal, may condition redemption of said dog from impounding upon payment of the required impounding fee as duly set by the Council from time to time, plus the cost of boarding for each day said dog or other animal has been confined in said pound, together with the payment for a current license for said dog if no current license has been issued. The pound keeper shall issue a receipt in triplicate pursuant to the requirements of this section, the original of (EXISTING ORDINANCE) which shall be given to the person paying the required impounding fee, the duplicate to be furnished to the City Administrator, and the triplicate to be retained by the pound keeper. 2. If at the end of five (5) days after said impounding, the dog or other animal has not been redeemed, it may be sold at private sale, or the keeper of the pound may dispose of the dog or other animal in a humane manner or pursuant to the terms of Minnesota Statutes, Section 35.71. 502.32 - POSSESSION OF NUISANCE ANIMALS No person shall keep, own, harbor or otherwise possess within the City an animal which is a public nuisance animal or vicious animal as defined in Section 502.00. 502.34 - ANIMALS DISTURBING THE PEACE It shall he unlawful for any person to own, keep, have in his possession, or harbor any animal which by frequent and habitual howling, yelping, barking or otherwise, shall cause serious annoyance or disturbance to persons or to the neighborhood; provided, however, that the provisions of this ordinance shall not apply to duly authorized hospitals or clinics established and operating for the treatment of small animals. No person shall be convicted under the provisions of this ordinance except upon the evidence from fifty percent (50%) of the adult residents living within five hundred (500) feet of the residence of the animal complained of or from four (4) persons each of a different household, whichever is less, and no warrant shall be issued except after written notice has been mailed or delivered to the occupant of the premises where such animal is kept or harbored advising that a complaint has been made about the animal and calling attention to the provisions of this ordinance. 502.36 - PERMITS FOR COMMERCIAL DOG KENNELS: PERMITS FOR KEEPING MORE THAN THREE DOGS OVER THE AGE OF SIX MONTHS 1. No person shall operate a commercial dog kennel in this City without first obtaining a permit. Application for such permit shall be made to the City Administrator and shall be accompanied by the permit fee. 2. Commercial kennel permits shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel permit. The commercial kennel permit fee shall be the amount per year or fraction thereof as set by the Council from time to time. (EXISTING ORDINANCE) 3. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel permit may be revoked by the Council by reason of the violation of this ordinance or any health or nuisance order, laws or regulations. 4. No person shall own, harbor or keep upon his premises more than three (3) dogs over the age of six (6) months unless in a commercial kennel duly licensed under this section. 502.38 MAINTENANCE OF ANIMAL QUARTERS AND C0b~4ERCIAL DOG KENNELS. 1. Animal housing facilities and commercial dog kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. 2. Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain, and snow, together with adequate bedding when the temperature falls below 50 degrees. 3. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other dogs or any other objects. Chains shall be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well-fitted collar. Such chains shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail. 4. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. 5. The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. 6. Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards. 7. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. (NEW REVISED ORDINAC E) ORDINANCE 9 6 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA, AMENDING CHAPTER V OF THE CITY CODE, PUBLIC NUISANCES AND ANIMALS, BY REPEALING SECTION 502, DOGS AND OTHER ANIMALS, AND ENACTING A NEW SECTION 502 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED DOGS, CATS AND ANIMALS The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 502 of the City of Elk River Code of Ordinances, Dogs and Other Animals, is hereby repealed and one new section adopted in lieu thereof, which shall read as follows: SECTION 502 - DOGS, CATS OR OTHER ANIMALS 502.00 - DEFINITIONS Unless the context clearly indicates otherwise, the words, combination of words, terms and phrases as used in Section 502.00 et seq. shall have the meanings set forth in the following paragraphs: A/qIMAL: a carnivorous mammal; a domestic dog or cat raised in a wide variety of breeds. The term "animal" shall mean dogs or cats which are harbored, fed, or kept by any person(s). The term shall also include the plural and the plural thereof shall also mean the singular. ANIMAL WARDEN: the Chief of Police or his authorized representative, designated as such by him to perform the duties prescribed by this ordinance. AT LARGE: A animal is at large when it is off the property of the person owning, harboring, or keeping said animal, and it is not under restraint. CITATION: means a notice or complaint issued by the Animal Warden or a City police officer to the owner of any animal apprising said owner of one or more violations of this ordinance. KENNEL, COMMERCIAL: any premises where animals over six (6) months of age are boarded, trained or bred for compensation or are offered for sale, except for animal hospital, pet shop or veterinary clinic. KENNEL, PRIVATE: means any premises where more than three (3) dogs or three (3) cats over the age of six months, or ten (10) cats over the age of six months if located on a premises of ten acres or more as long as the cats have been spayed or neutered and documentation to that fact is provided. OWNER: means any person owning, keeping, harboring or acting as custodian of a dog, cat, or other domesticated animal. PERSON: means any individual, firm, partnership or corporation. PREMISES: means any building, structure, shelter or land whereon dogs, cats, or other animals are kept or confined. PUBLIC NUISANCE ANIMAL OR ANIMAL~: means any animal or animals which: 1 If a dog or cat, is repeatedly found at large. 2 Damages the property of anyone other than its owner. 3 Is/are vicious animal(s). 4 Causes fouling of the air by odor. 5 Causes unsanitary conditions of enclosures or surroundings. 6 By virtue of number of types of animals maintained, are offensive or dangerous to the public health, safety or welfare. 7. Excessively makes disturbing noises. 8. Molests passer(s) by or passing vehicles. 9. Attacks other domestic animals. 10. Has been designated by the Animal Warden to be a public nuisance animal or animals by virtue of being a menace to the public health, welfare and safety. UNDER RESTRAINT: A dog is under restraint if it is on the premises of the person harboring or keeping the dog; if it is at heel beside a person having custody of it or obedient to that person's command; if it is within a private motor vehicle of a person owning, harboring or keeping the dog; or if it is controlled by a leash not exceeding six (6) feet in length. VETERINARY HOSPITAL: means a place for the treatment, hospitalization, surgery, care and boarding of animals or birds, which place is owned and operated by a licensed veterinarian. VICIOUS ANIMAL OR ANIMALS: means any animal or animals which constitute a physical threat to human beings or other animals by virtue of one or more attacks of such severity as to cause property damage or physical injury. 502.02 - ENFORCEMENT The provisions of this ordinance shall be enforced by the Animal Warden and those officers designated in this ordinance, under the operational supervision of the Chief of Police pursuant to policies established by the Council. The Animal Warden may issue citations for violations of this ordinance. 502.04 - RIGHT OF ENTRY The Animal Warden shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed by this ordinance where there is a reasonable belief that a violation of this ordinance has been committed. 502.06 - RECORDS It shall be the duty of the Animal Warden to keep the following records, subject to inspection by the Council, City Administrator, or their designated agents as set forth in the following paragraphs: 1. Accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into custody. 2. Accurate and detailed records of all reported bite cases and investigations for a period of three (3) years. 3. Accurate records of all citations issued for violations of this ordinance. 4. Accurate and detailed records of all money collected and expended in the operation of the functions of his office. 502.08 - RUNNING AT LARGE PROHIBITED No dog or cat shall be allowed by its owner to run at large and every owner of a dog or cat shall cause the same to be: 1. Confined to the owner's property by training, fencing, or leashing and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such animals shall not attract other animals on account thereof. 2. Dogs, while in any public place such as a school or playground, shall be on a leash, chain or cord of not more than six (6) feet in length and in the custody of a person of sufficient age to adequately control the dog at all times. 3. While in all other areas such as on a public street or in an automobile, to be in the custody of a person of sufficient age to adequately control the dog or cat at all times, and to have and keep said dog or cat under control. 502.09 WILD OR VICIOUS ANIMALS PROHIBITED No person shall keep or allow to be kept any place in the City any animal of a ferocious or vicious character, habit or disposition, or any animal which is wild by nature. 502.10 - ANIMALS BITING HUMAN BEINGS 1. Whenever an owner within the limits of the City shall learn that his or her animal has bitten a human being, such person shall immediately confine the said animal in a place where it cannot escape or have access to any human being or other animal. The owner shall also immediately notify the Elk River Police Department. 2. Whenever the said officer of the Police Department shall learn that a human being has been bitten by any animal, said officer shall ascertain the identity of the animal and the person owning, harboring, or possessing it and shall immediately direct such person to confine such animal as deemed appropriate by the officer. A. Any animal so ordered confined shall be confined as so directed for a period of at least ten (10) days, kept apart from other animals. B. Upon expiration of said ten (10) days, if it is determined the animal does not have a disease which might have been transmitted by such bite, the animal may then be released. 3. Every fierce, dangerous or vicious animal, including dogs and cats, that has a history of biting a human or any domestic animal, shall be confined by the owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 502.11 CONFINEMENT OF ANIMALS WITH HISTORY OF BITING Every fierce, dangerous or vicious animal, including dogs and cats, that has a history of biting a human or any domestic animal, shall be confined by the owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 502.12 - DOGS ON LEASH The restriction imposed by Section 502.08 shall not prohibit the appearance of a dog upon the streets or other public place when such dog is on a leash or under restraint, except a female dog in season. 502.14 - ABANDONMENT OF ANIMALS It shall be unlawful to abandon any dog, cat, or other animal within this City. 502.16 - DOG/CAT LICENSE REQUIRED 1. No person shall own, harbor or keep a dog/cat over six (6) months of age within the City unless a current license for such dog/cat has been obtained. The license shall be issued for a two (2) year period and shall expire on December 31 of the last year of the license issued. 2. Dogs and cats owned by non-residents of the City are not permitted to remain in the City longer than ten 10) days without complying with the terms of this Ordinance. 502.18 DOG/CAT LICENSE FEE AND APPLICATION It shall be required of each person owning, keeping or harboring a dog/cat to pay a license fee to the City Administrator as imposed by this section, except as provided in Section 502.36 herein. The license fee for any dog/cat shall be computed at the rate duly set by the Council from time to time. Each application for such license shall include a statement, signed by the person applying for the license, which certifies that the dog/cat has been inoculated for rabies not more than twenty-four (24) months preceding the date of application. Upon receipt of the license fee and the signed application, the City Administrator shall execute the receipt in triplicate, the original of which shall be given to the person who pays the fee. The duplicate shall be given to the Police Department and the third copy shall be retained in the records of the City Administrator. This receipt shall describe the dog as to color, breed, age, sex and weight. Any owner shall produce for inspection the license receipt upon the request of the Animal Warden or a police officer. 502.20 UNAUTHORIZED USE OF DOG/CAT LICENSE RECEIPTS, TAGS OF INOCULATION CERTIFICATES It shall be unlawful for any person to use for any dog/cat, a license receipt, license tag, or a rabies inoculation certificate issued to another person or dog/cat. 502.22 DOG/CAT TAGS The City Administrator shall procure a sufficient number of metallic tags for delivery of one such tag to the person paying the license fee. It shall be the responsibility of the owner of the dog/cat for which said tag was obtained to permanently attach the tag to the collar of the dog/cat in such manner that the tag may be readily seen. The tag is not transferable to any other dog/cat or to a new owner of the dog/cat. If a tag is lost or stolen, the owner may obtain a new tag by surrendering the license receipt for the first tag and by paying an additional fee as duly set by the Council from time to time. 502.24 - IMPOUNDING DOGS/CATS The Animal Warden or any police officer of the City shall seize and impound any dogs/cats found in the City without the tag provided for by this ordinance, or dogs/cats running at large in violation of Section 502.08. To enforce this ordinance, said Animal Warden or police officer may enter upon any private premises in pursuit of a dog/cat running at large. It shall be unlawful for any person or persons to interfere with the Animal Warden or a police officer engaged in taking a dog hereunder for impounding, or to refuse to surrender a dog/cat to the Animal Warden or a police officer for confinement as required in Section 502.26 herein. 502.26 - IMPOUNDING STRAY ANIMALS 1. The Animal Warden or any police officer may seize or impound any animal found astray on public property or claimed to be astray by the owner of the premises upon which such animal may be found provided that the owner of the premises demands such seizure or impoundment and agrees in writing to indemnify and hold harmless the City from any claim for damages by the owner of said animal. 2. Disposition of such impounded stray shall thereafter be pursuant to the provisions of Section 502.28 herein. 502.28 DISPOSITION OF CERTAIN DISEASED OR DANGEROUS ANIMALS 1. ~_ny animal displaying symptoms of being rabid may be seized at any place or time and shall be confined in the City dog pound, or other appropriate place designated for such purpose by the Council from time to time, at the expense of the owner, until found to be free from rabies. 2. If any animal appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and such animal cannot be taken up and impounded without serious risk, such animal may be killed if reasonably necessary for the safety of any person or persons. 3. When any animal has bitten any person, wherein the skin has been punctured or the services of a doctor are required, a report of the incident shall immediately be made to the Police Department by the owner or custodian of the biting animal, or the person bitten or his parent or guardian. 502.30 REDEMPTION OF ANIMALS 1. The City, upon the impounding of any animal, may condition redemption of said animal from impounding upon payment of the required impounding fee as duly set by the Council from time to time, plus the cost of boarding for each day said animal has been confined in said pound, together with the payment for a current license for said animal if no current license has been issued. The pound keeper shall issue a receipt in triplicate pursuant to the requirements of this section, the original of which shall be given to the person paying the required impounding fee, the duplicate to be furnished to the City Administrator, and the triplicate to be retained by the pound keeper. 2. If at the end of five (5) days after said impounding, the animal has not been redeemed, it may be sold at private sale, or the keeper of the pound may dispose of the animal in a humane manner or pursuant to the terms of Minnesota Statutes, Section 35.71. 502.32 - POSSESSION OF NUISANCE ANIMALS No person shall keep, own, harbor or otherwise possess within the City an animal which is a public nuisance animal or vicious animal as defined in Section 502.00. 502.34 ANIMALS DISTURBING THE PEACR It shall he unlawful for any person to own, keep, have in his possession, or harbor any animal which by frequent and habitual howling, yelping, barking or otherwise, shall cause serious annoyance or disturbance to persons or to the neighborhood; provided, however, that the provisions of this ordinance shall not apply to duly authorized hospitals or clinics established and operating for the treatment of small animals. No person shall be convicted under the provisions of this ordinance except upon the evidence from fifty percent (50%) of the adult residents living within five hundred (500) feet of the residence of the animal complained of or from four (4) persons each of a different household, whichever is less, and no warrant shall be issued except after written notice has been mailed or delivered to the occupant of the premises where such animal is kept or harbored advising that a complaint has been made about the animal and calling attention to the provisions of this ordinance. 502.36 - PERMITS FOR COMMERCIAL DOG KENNELS: PERMITS FOR KEEPING MORE THAN THREE DOGS OVER THE AGE OF SIX MONTHS 1. No person shall operate a commercial dog kennel in this City without first obtaining a permit. Application for such permit shall be made to the City Administrator and shall be accompanied by the permit fee. 2. Commercial kennel permits shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel permit. The commercial kennel permit fee shall be the amount per year or fraction thereof as set by the Council from time to time. 3. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel permit may be revoked by the Council by reason of the violation of this ordinance or any health or nuisance order, laws or regulations. 4. No person shall own, harbor, or keep upon his premises more than three (3) dogs over the age of six (6) months unless in a private kennel duly licensed under this section. 5. No person shall own, harbor, or keep upon his premises more than three (3) cats over the age of six months unless in a private kennel. If his premises is ten (10) acres or more, said person may own up to ten (10) cats over the age of six (6) months as long as they have been spayed or neutered, and owner has provided documentation to that fact. 502.38 - MAINTENANCE OF PRIVATE KENNELS AND COMMERCIAL DO~ KENNELS. 1. Private and commercial kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. 2. Animals kept outside shall be provided with access to shelter to protect them from the sun, rain, and snow, together with adequate bedding when the temperature falls below 50 degrees. 3. If animals are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other animals or any other objects. Chains shall be of a size commonly used for the size of animals involved and shall be attached to the animal by means of a well-fitted collar. Such chains shall be at least three times the length of the animal as measured from the tip of its nose to the base of its tail. 4. Enclosure shall be of sufficient size to allow each animal to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the animal's legs and feet. 5. The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees Fahrenheit for animals not accustomed to lower temperatures. 6. Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards. 7. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. Section 2. Summary Approved. The City Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance No. 96-__, a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and shall be available for inspection by any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 5. Effective Date. This ordinance becomes effective upon its passage and the publication of its title and summary. Passed by the City Council of the City of Elk River this 18th day of November, 1996. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk s: ~ document ~ ordinanc ~ dogc at or. doc 10. (EXISTING ORDINANCE) SECTION 502 - DOGS AND OTHER ANIMALS 502.00 - DEFINITIONS Unless the context clearly indicates otherwise, the words, combination of words, terms and phrases as used in Section 502.00 et seq. shall have the meanings set forth in the following paragraphs: ANIMAL WARDEN: means the Chief of Police or his authorized representative, designated as such by him to perform the duties prescribed by this ordinance. AT LARGE: A dog is at large when it is off the property of the person owning, harboring, or keeping said dog, and it is not under restraint. CITATION: means a notice or complaint issued by the Animal Warden or a City police officer to the owner of any animal apprising said owner of one or more violations of this ordinance. COMMERCIAL KENNEL: means a place where more than three (3) dogs of over six (6) months of age are kept for purposes of breeding, sale or boarding. DOG KENNEL: means any place, building, tract of land, boat or vehicle wherein or whereupon dogs are kept, congregated or confined; such dogs having been obtained from municipalities, dog pounds, dog auction, or by advertising for unwanted dogs, or dogs abandoned or stolen. OWNER: means any person owning, keeping, harboring or acting as custodian of a dog or other domesticated animal. PERSON: means any individual, firm, partnership or corporation. PREMISES: means any building, structure, shelter or land whereon dogs or other animals are kept or confined. PUBLIC NUISANCE ANIMAL OR ANIMAL: means any animal or animals which: 1. If dog or dogs, is/are repeatedly found at large. 2. Damages the property of anyone other than its owner. 3. Is/are vicious animal(s). 4. Causes fouling of the air by odor. (EXISTING ORDINANCE) 5. Causes unsanitary conditions of enclosures or surroundings. 6. By virtue of number of types of animals maintained, are offensive or dangerous to the public health, safety or welfare. 7. Excessively makes disturbing noises. 8. Molests passer(s) by or passing vehicles. 9. Attacks other domestic animals. 10. Has been designated by the Animal Warden to be a public nuisance animal or animals by virtue of being a menace to the public health, welfare and safety. UNDER RESTRAINT: A dog is under restraint if it is on the premises of the person harboring or keeping the dog; if it is at heel beside a person having custody of it or obedient to that person's command; if it is within a private motor vehicle of a person owning, harboring or keeping the dog; or if it is controlled by a leash not exceeding six (6) feet in length. VETERINARY HOSPITAL: means a place for the treatment, hospitalization, surgery, care and boarding of animals or birds, which place is owned and operated by a licensed veterinarian. VICIOUS ANIMAL OR ANIMALS: means any animal or animals which constitute a physical threat to human beings or other animals by virtue of one or more attacks of such severity as to cause property damage or physical injury. 502.02 ENFORCEMENT The provisions of this ordinance shall be enforced by the Animal Warden and those officers designated in this ordinance, under the operational supervision of the Chief of Police pursuant to policies established by the Council. The Animal Warden may issue citations for violations of this ordinance. 502.04 RIGHT OF ENTRY The Animal Warden shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed by this ordinance where there is a reasonable belief that a violation of this ordinance has been committed. 502.06 RECORDS ORDINANCE 96- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA, AMENDING CHAPTER V OF THE CITY CODE, PUBLIC NUISANCES AND ANIMALS, BY REPEALING SECTION 502, DOGS AND OTHER ANIMALS, AND ENACTING A NEW SECTION 502 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED DOGS, CATS AND ANIMALS The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 502 of the City of Elk River Code of Ordinances, Dogs and Other Animals, is hereby repealed and one new section adopted in lieu thereof, which shall read as follows: SECTION 502 - DOGS, CATS OR OTHER ANIMALS 502.00 - DEFINITIONS Unless the context clearly indicates otherwise, the words, combination of words, terms and phrases as used in Section 502.00 et seq. shall have the meanings set forth in the following paragraphs: ANIMAL: A dog, cat, or other animal which is harbored, fed, or kept by any person or persons. The term shall also include the plural and the plural thereof shall also mean the singular. ANIMAL WARDEN: The Chief of Police or his authorized representative, designated as such by him to perform the duties prescribed by this ordinance. AT LARGE: An animal, except for a cat, is at large when it is off the property of the person owning, harboring, or keeping said animal, and it is not under restraint. A cat is at large when it is off the property of the person owning, harboring, or keeping said cat, and the cat does not have a collar on with a current license attached. CITATION: A notice or complaint issued by the Animal Warden or a City police officer to the owner of any animal apprising said owner of one or more violations of this ordinance. KENNEL, COMMERCIAL: Any premises where more than three (3) animals of over six (6) months of age are boarded, trained, or bred for compensation or are offered for sale, except for animal hospital, pet shop or veterinary clinic. KENNEL, PRIVATE: Any premises where: 1. more than three (3) dogs or three (3) cats over the age of six months; or 2. more than ten (10) cats over the age of six months if located on a premises of ten (10) acres or more as long as the cats have been spayed or neutered; are harbored or kept, except for a commercial kennel. OWNER: Any person owning, keeping, harboring, or acting as custodian of a dog, cat, or other animal. PERSON: Any individual, firm, partnership, or corporation. PREMISES: Any building, structure, shelter, vehicle, or land whereon dogs, cats, or other animals are kept or confined. PUBLIC NUISANCE ANIMAL OR ANIMALS: Any animal or animals which: 1. If a dog or cat, is repeatedly found at large. 2. Damages the property of anyone other than its owner. 3. Causes fouling of the air by odor. 4. Causes unsanitary conditions of enclosures or surroundings. 5. By virtue of number of types of animals maintained, are offensive or dangerous to the public health, safety or welfare. 6. Excessively makes disturbing noises. 7. Molests passer(s) by or passing vehicles. 8. Attacks other domestic animals. 9. Has been designated by the Animal Warden to be a public nuisance animal or animals by virtue of being a menace to the public health, welfare and safety. UNDER RESTRAINT: An animal is under restraint if it is on the premises of the person harboring or keeping the animal; if it is at heel beside a person having custody of it or obedient to that person's command; if it is within a private motor vehicle of a person owning, harboring or keeping the animal; or if it is controlled by a leash not exceeding six (6) feet in length. VETERINARY HOSPITAL: A place for the treatment, hospitalization, surgery, care, and boarding of animals or birds, which place is owned and operated by a licensed veterinarian. VICIOUS ANIMAL OR ANIMALS: Any animal or animals which constitute a physical threat to human beings or other animals by virtue of one or more attacks of such severity' as to cause property damage or physical injury, or any animal or animals of vicious character, habit, or disposition. 502.02 - ENFORCEMENT The provisions of this ordinance shall be enforced by the Animal Warden and those officers designated in this ordinance, under the operational supervision of the Chief of Police pursuant to policies established by the Council. The Animal Warden may issue citations for violations of this ordinance. 502.04 - RIGHT OF ENTRY The Animal Warden shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed by this ordinance where there is a reasonable belief that a violation of this ordinance has been committed. 502.06 - RECORDS It shall be the duty of the Animal Warden to keep the following records, subject to inspection by the Council, City Achninistrator, or their designated agents as set forth in the following paragraphs: 1. Accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into custody. 2. Accurate and detailed records of all reported bite cases and investigations for a period of three (3) years. 3. Accurate records of all citations issued for violations of this ordinance. 4. Accurate and detailed records of all money collected and expended in the operation of the functions of his office. 502.08 - RUNNING AT LARGE PROHIBITRD No dog, cat, or other animal shall be allowed by its owner to run at large and every owner of a dog shall cause the same to be: 1. Confined to the owner's property by training, fencing, or leashing, and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such dogs shall not attract other dogs on account thereof. 2. While in any public place such as a school, playground, or park, to be on a leash, chain, or cord of not more than six (6) feet in length and in the custody of a person of sufficient age to adequately control the dog at all times. 3. While in all other areas such as on a public street or in an automobile, to be in the custody of a person of sufficient age to adequately control the dog or cat at all times, and to have and keep said dog under control. 502.09 - WILD OR VICIOUS ANIMALS PROHIBITED No person shall keep or allow to be kept any place in the City any vicious animal, as defined in Section 502.00, or any animal which is wild by nature. 502.10 - ANIMALS BITING HUMAN BEINGS 1. Whenever an owner within the limits of the City shall learn that his or her animal has bitten a human being, such person shall inunediately confine the said animal in a place where it cannot escape or have access to any human being or other animal. A report of the incident shall immediately be made by the owner to the Elk River Police Department. The person bitten, or his or her parent or guardian, may also notify the Elk River Police Department. 2. Whenever the said officer of the Police Department shall learn that a human being has been bitten by any animal, said officer shall ascertain the identity of the animal and the person owning, harboring, or possessing it and shall immediately direct such person to confine such animal as deemed appropriate by the officer. A. Any animal so ordered confined shall be confined as so directed for a period of at least ten (10) days, kept apart from other animals. B. Upon expiration of said ten (10) days, if it is determined the animal does not have a disease which might have been transmitted by such bite, the animal may then be released. 502.11 - CONFINEMENT OF ANIMALS WITH HISTORY OF BITING Every animal that has a history of biting a human or any domestic animal shall be confined by the owner within a building or secure, covered enclosure. Such animal shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. 502.12 - DOGS ON LEASH The restriction imposed by Section 502.08 shall not prohibit the appearance of a dog upon the streets or other public place when such dog is on a leash or under restraint, except a female dog in season. 502.14 - ABANDONMENT OF ANIMALS It shall be unlawful to abandon any dog, cat, or other animal within this City. 502.16 - DOG AND CAT LICENSE REQUIRED 1. No person shall own, harbor, or keep a dog or cat over six (6) months of age within the City unless a current license for such dog or cat has been obtained. The license shall be issued for a two (2) year period and shall expire on December 31 of the last year of the license issued. 2. Dogs and cats over six (6) monhts of age owned or kept by non-residents of the City are not permitted to remain in the City longer than ten (10) days without complying with the terms of this Ordinance. 502.18 - DOG AND CAT LICENSE FEES AND APPLICATIONS It shall be required of each person owning, keeping, or harboring a dog or cat to pay a license fee to the City Administrator as imposed by this section, except as provided in Section 502.36 herein. The license fee for any dog or cat shall be computed at the rate duly set by the Council from time to time. Each application for such license shall include a statement, signed by the person applying for the license, which certifies that the dog or cat has been inoculated for rabies not more than twenty-four (24) months preceding the date of application. Upon receipt of the license fee and the signed application, the City Administrator shall execute the receipt in triplicate, the original of which shall be given to the person who pays the fee. The duplicate shall be given to the Police Department and the third copy shall be retained in the records of the City Administrator. This receipt shall describe the dog or cat as to color, breed, age, sex and weight. Any owner shall produce for inspection the license receipt upon the request of the Animal Warden or a police officer. 502.20 - UNAUTHORIZED USE OF DOG OR CAT LICENSE RECEIPTS, TAGS OF INOCULATION CERTIFICATES It shall be unlawful for any person to use for any dog or cat, a license receipt, license tag, or a rabies inoculation certificate issued to another person, dog or cat. 502.22 - DOG AND CAT TAGS The City Administrator shall procure a sufficient number of metallic tags for delivery of one such tag to the person paying the license fee. It shall be the responsibility of the owner of the dog or cat for which said tag was obtained to permanently attach the tag to the collar of the dog or cat in such manner that the tag may be readily seen. The tag is not transferable to any other dog or cat or to a new owner of the dog or cat. If a tag is lost or stolen, the owner may obtain a new tag by surrendering the license receipt for the first tag and by paying an additional fee as duly set by the Council from time to time. 502.24 - IMPOUNDING DOGS, CATS, AND OTHER ANIMALS The Animal Warden or any police officer of the City shall seize and impound any dogs or cats found in the City without the tag provided for by this ordinance, or animals running at large in violation of Section 502.08. To enforce this ordinance, said Animal Warden or police officer may enter upon any private premises in pursuit of an animal running at large. It shall be unlawful for any person or persons to interfere with the Animal Warden or a police officer engaged in taking an animal hereunder for impoundment or to refuse to surrender an animal to the Animal Warden or a police officer for confinement as required in Section 502.26 herein. 502.28 - DISPOSITION OF CERTAIN DISEASED OR DANGEROUS ANIMALS 1. Any animal displaying symptoms of being rabid may be seized at any place or time and shall be confined in the City pound, or other appropriate place designated for such purpose by the Council from time to time, at the expense of the owner, until found to be free from rabies. 2. If any animal appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and such animal cannot be taken up and impounded without serious risk, such animal may be killed if reasonably necessary for the safety of any person or persons. 502.30 - REDEMPTION OF ANIMALS 1. The City, upon the impounding of any animal, may condition redemption of said animal from impoundment upon payment of the required impounding fee as duly set by the Council from time to time, plus the cost of boarding for each day said animal has been confined in said pound, together with the payment for a current license for said animal if no current license has been issued. The pound keeper shall issue a receipt in triplicate pursuant to the requirements of this section, the original of which shall be given to the person paying the required impoundment fee, the duplicate to be furnished to the City Administrator, and the triplicate to be retained by the pound keeper. 2. If at the end of five (5) days after said impounding, the animal has not been redeemed, it may be sold at private sale, or the keeper of the pound may dispose of the animal in a humane manner or pursuant to the terms of Minnesota Statutes, Section 35.71. 502.32 - POSSESSION OF NUISANCE ANIMALS NO person shall keep, own, harbor, or otherwise possess within the City an animal which is a public nuisance animal as defined in Section 502.00. 502.34 - ANIMALS DISTURBING THE PEACE It shall be unlawful for any person to own, keep, have in his possession, or harbor any animal which by frequent and habitual howling, yelping, barking or otherwise, shall cause serious annoyance or disturbance to persons or to the neighborhood; provided, however, that the provisions of this ordinance shall not apply to duly authorized hospitals or clinics established and operating for the treatment of small animals. No person shall be convicted under the provisions of this ordinance except upon the evidence from fifty percent (50%) of the adult residents living within five hundred (500) feet of the residence of the animal complained of or from four (4) persons each of a different household, whichever is less, and no warrant shall be issued except after written notice has been mailed or delivered to the occupant of the premises where such animal is kept or harbored advising that a complaint has been made about the animal and calling attention to the provisions of this ordinance. 502.36 - PERMITS FOR COMMERCIAL AND PRIVATE KENNELS 1. No person shall own, harbor, or keep upon his premises more than three (3)dogs or cats over the age of six (6) months unless in a commerical or private kennel duly permitted under this section. If the premises is ten (10) acres or more, said person may own, keep, or harbor up to ten (10) cats over the age of six (6) months as long as they have been spayed, neutered, and documentation to that fact is provided. 2. No person shall operate a commercial or private kennel in this City without first obtaining a permit. Application for such permit shall be made to the City Administrator and shall be accompanied by the permit fee. 3. Commercial and private kennel permits shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel permit. The commercial kennel permit fee shall be the amount per year or fraction thereof as set by the Council from time to time. 4. Commercial and private kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial or private kennel permit may be revoked by the Council by reason of the violation of this ordinance or any health or nuisance order, laws, or regulations. 502.38 - MAINTENANCE OF PRIVATE KENNELS AND COMMERCIAL DOG 1. Private and commercial kennel faciliti-~s shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. 2. Animals kept outside shall be provided with access to shelter to protect them from the sun, rain, and snow, together with adequate bedding when the temperature falls below 50 degrees. 3. If animals are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other animals or any other objects. Chains shall be of a size commonly used for the size of animals involved and shall be attached to the animal by means of a well-fitted collar. Such chains shall be at least three times the length of the animal as measured from the tip of its nose to the base of its tail. 4. Enclosure shall be of sufficient size to allow each animal to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the animal's legs and feet. 5. The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees Fahrenheit for animals not accustomed to lower temperatures. 6. Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards. 7. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. Section 2. Summary Approved. The City Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance No. 96- , a copy of which is attached hereto, clearly informs the p~blic of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and shall be available for inspection by any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 5. Effective Date. This ordinance becomes effective upon its passage and the publication of its title and summary. Passed by the City Council of the City of Elk River this 18th day of November, 1996. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s: \document \ordinanc\dogcator. doc