HomeMy WebLinkAbout9A - Dogs & Cats City Code
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREP ARED BY:
OCTOBER 5, 1998
9A
BILL O'ROURKE, CHIEF OF POLICE
AGENDA ITEM:
CONSIDER APPROVAL OF ORDINANCE 98-XX
AMENDING TITLE 10, CHAPTER 2, OF THE
PRIOR LAKE CITY CODE RELATING TO DOGS AND CATS.
DISCUSSION:
Historv
In October, 1997, the City Council adopted an updated cat and dog
ordinance. The revisions to the ordinance proposed on this agenda
item will improve its consistency with state statute and ordinances in
other municipalities, as well as assist the Animal Control Officer in
administering the ordinance.
Current Circumstances
The current cat and dog ordinance provides that animals found running
at large will be impounded for ten days prior to being disposed of. The
former ordinance and state statute provide for five days as do most
metropolitan area cities.
Secondly, the current ordinance requires that impounded animals be
held for redemption by the owner for at least 5 regular business days
and defines such 'regular business day' as a weekday, Monday through
Friday, and does not include holidays. Animal control facilities are
required to be open for at least four hours on one of the weekend days.
That day should therefore be a part of the 5 day impound period.
Finally, in it's present form, the ordinance requires a vaccination as a
condition of the license procedure and such license is required before
and animal can be released to the owner. Since few veterinarians make
'house calls' to vaccinate animals, this makes release next to
impossible. The release process can be expedited by requiring a
refundable deposit in under such circumstances.
Issues
The five or ten day impoundment issue was not a problem until the
City began discussing the 1999 animal control contract with Bob
E:.\ADMTMAGRP.TFM.DOC'.Kirste.n Odeu..
162UUcagle-Creek~l\vC5L-:.-Prlor LaRe, lVlInnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CHAPTER 2
DOGS AND CATS
SECTION:
<<Zed \l~C
10-2-1 :
10-2-2:
10-2-3:
10-2-4:
10-2-5:
10-2-6:
10-2-7:
10-2-8:
10-2-9:
10-2-10:
10-2-11 :
10-2-12:
10-2-13:
10-2-14:
10-2-15:
10-2-16:
10-2-17:
10-2-18:
10-2-19:
10-2-20:
State Statutes Adopted
License Required
License Fees, Expiration
Issue License, Tag
Lost, Counterfeit Tags
Kennels, . License Required
Animal Control Facility
Bites and Rabies
Unlawful Acts
Nuisance
Impoundment and Notice
Impoundment Records
Reclaiming Dogs or Cats
Break Open Animal Control Facility
Potentially Dangerous Dog: Dangerous Dog
Restrictions on Potentially Dangerous Dogs
Destruction or Removal of Dangerous Dogs
Dangerous Dogs at Large
Exemption from Provisions
Penalty
PURPOSE: The City recognizes that pets are an important part of many families.
There is a need for an ordinance to be adopted for the purpose of protecting the
health, safety, and welfare of the citizens of the City and pets living in the City.
The purpose of this Chapter is to balance the needs of pet owners with the needs of
citizens who are not pet owners. Additionally, the licensing of pets contained herein
is intended to provide a mechanism for the return of lost pets to their rightful owners.
10-2~1: STATE STATlJn~.;S ADOPTED: The provisions of Mirmesota
Statutes Sections 35.67, 35.68 and 35.69, as amended, are hereby adopted by
reference and are incorporated in and made part of this Chapter as completely as if the
same were set out in full.
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the City Manager. The fee for said license shall be detennined at the discretion of the
City Council.
10-2-7: ANIMAL COl'ilKOL FACILITY: The City Manager or
designee shall designate an Animal Control Officer who shall contract for animal
control services with a qualified animal control facility. Additionally) the City
Manager or other authorized City official may make arrangements with local
veterinarians, kennels or humane societies for the care and custody of dog or cats as
may be deemed necessary.
10-2-8 :
BITES AND RABIES
(A) BIT~S: It shall be the duty of every person having knowledge of a bite by any
dog or cat which occurred within the City to report the same to the Prior Lake
Police Department as soon as practical after the bite occurs. This report shall
include a description of the dog or cat) the address of the owner of the dog or
cat if known, and, if known) the name, address and age of any person injured.
(B) IMPOUNDMENT: Any dog or cat which has bitten a person may be
immediately seized whether on or off the owner's premises and quarantined for
a period of at least 10 days. Where nO current rabies vaccination of the dog or
cat can be proven or upon written demand by the bite victim to the City Animal
Control Officer, the dog or cat shall be impounded at the City animal control
facility. The owner shall be responsible for the impoundment costs and shall
make arrangements in advance for the payment of these costs.
1. Impoundment at City facilitv. In the case of an dog or cat with no
known owner, the dog or cat shall be quarantined in the City animal
control facility. If no owner can be identified, the dog or cat shall be
treated as an unclaimed dog or cat and kept at the City animal control
facility as set forth in Section 10-2-13 (B).
2. Imnoundment at Owner selected facilitv. The owner may provide
impoundment at a City approved animal kennel or veterinarian, provided
that until such provision is made, the dog or cat shall be impounded in
the City animal control facility. The owner shall notify the Animal
Control Officer and shall furnish written certification that the dog or cat
is being impounded. For the purposes of this Section, an approved
animal kennel shall mean a kennel within or outside the City limits that
is approved by the City or the Animal Control Officer or a kennel that
has entered into an agreement with the City to keep dogs or cats in. a
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any public or private property; or to leave excrement on any property,
public or private_
(B) IMPOUNDMENT FOR NUISANCE: The Animal Control Off1cer or police
officer may issue a citation to the property owner and the owner of any dog or
cat which has been permitted to habitually bark, cry, meow, whirnper, howl,
whine or emit any other loud or unusual noise. Whenever the owner of such
dog or cat cannot be immediately located or who has failed, upon order by the
Animal Comrol Officer or police officer, to prevent such dog or cat from
making such noises, the Animal Control Officer or police officer may seize,
impound or restrain the dog or cat.
(C) INTERFERENCE W J.J.d ANIMAL CONl.t<.OL Ollll'lCER: It is unlawful
for the owner or keeper of a dog or cat to interfere with any police officer,
Animal Control Officer or other authorized City employee in the performance
of his/her duty to enforce this Chapter.
(D) COMMON LAW NUISANCE: Nothing in this section is intended to limit the .
City or any individual from proceeding under any common law nuisance
theory.
10-2~11:
IM:POUNDMENT AND NOTICE:
(A) Impoundment, Time of Keeping: The City Animal Control Officer or
designee may pick up and impound in the designated City animal control
facility any dog or cat that commits any act constituting a nuisance or other
violation of this Chapter.
(B) Notice of Impoundment: Immediately upon the impounding of any dog or cat
wearing a current license, the City Manager or designee shall make a
reasonable effort to notify the owner of such dog or cat of such impoundment
and the conditions whereby the owner may regain custody of the dog or cat.
Any oral notices shall inunediately be confirmed in writing. In the instance of
invalid or expired licenses the City Manager or designee shall make a
reasonable effort to notify the last known owner of such dog or cat of such
impoundment.
(C) Method of Providing Notice: The City must give notice of the impoundment
by delivering or mailing a notice to the person whose name appears on the
license application of the dog or cat or by posting a copy of the notice at the
residence of the owner stated on the license application or by delivering the
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(F) Length of Impoundment: All dogs or cats seized by or on behalf of the City
must be held for redemption by the owner for at least 5 fref;.:.~:::- oosieess =~
at--tl:t~ :::-..:...-::al eeft~~~ fa:;i1ity. For puIfJese of ~i;j C~;::.~r, ":eg~lE.f oosiness
~." !Leans a "lIeekd:'j', 1.10nday th:-e::gh Frid::~', afld ~ees Rat include ~31~aay.s
on which): . "':.:';s~~!l~t!i.lnc.lndi:a&.~ilmili~ the animal control facility is
; '.', .......................... ,:,;::~..,::::N:!~:~!:'~~:::::~~Wj,:~!*!l:~::~:~:~~~~~:;:;:::;~~:..,::::~~~
closed.
10-2-12: Impoundment Records: The City Animal Control Facility must
maintain the following records of the dogs and cats in custody, and preserve the
records for at least six months:
(1) the description of the dog or cat by species, breed. sex, approximate age,
and other distinguishing traits;
(2) the location at which the dog or cat was seized;
(3) the date of seizure;
(4) the name and address of the person from whom any dog or cat three months
of age or over was received; and
(5) the name and address of the person to whom any dog or cat three months of
age or over was released.
The records must be in a easily readable form and open to the public during regular
business hours.
10-2-13:
RECLAIMING DOGS AND CATS:
(A)
Reclaiming Impounded Dogs and Cats: Before reclaiming a dog or cat, the
owner shall pay an impounding fee as established by the City Council, plus tbe
cost to the City .of keeping the dog or cat in the animal control facility.
(B)
Unclaimed Dogs or Cats: At the end of the 5 day period ~(t~!;:. ., lr::":
S.~:e.dHfi::::j:~:#~~~~1\tW~~W.!~tlli~m1:, all dogs or cats which remal;:..:.~il~lallned may be
::::N~:;W;;::::;:;:;~:::::~::~::;::~::j:i:i:;:i:;:;:~i:i:;~.:~;:~::;::~:>.:..~:!::::.-:...~i*~~:t.,:.::.::~::.;:~;~:!-o'\:~i';;;:;:;:~l:
given to the Humane Society or an animal rescue organization, or it may be
sold to any person. If any dog or cat is not reclaimed, released to the Humane
Society or animal rescue organization, or sold, then it may be eutharuzed by
injection.
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on public or private property; (2) killed a domestic animal without
provocation while off the owner's property; or (3) been found to be
potentially dangerous, and after the owner has notice that the dog is
potentially dangerous, the.dog aggressively bites, attacks, or endangers
the safety of humans or dC:>Inestic animals.
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(B) DETERMINATION OF POTENTIALLY DANGEROUS OR
DANGEROUS CLASSIEICATION
(1) Notice: A City Aninial Control Officer or other law enforcement
officer may report to the City Manager who shall then determine whether
a dog is potentially dangerous or dangerous. Upon a determination by
the City Manager that a dog is potentially dangerous or dangerous
pursuant to Mirmesota Statutes, the City Manager shall provide a Notice
of Potentially Dangerous Dog or Dangerous Dog to the owner by
personally serving the oWBer or person of suitable age at the residence of
!he owner.
The notice shall describe the dog, the nature of the classification, and
identify the officer who made the investigation or determination. The
notice shall also state the owners right, within 10 days, to request a
hearing before the City Manager for a determination as to the dangerous
or potentially dangerous ~ture of the dog and disposition of the same.
If the owner does not request a hearing within 10 days of said notice, the
City Manager shall make such order as the City Manager deems proper.
(2) Hearing: If the owner requests a hearing for determination as to the
potentially dangerous or dangerous nature of the dog, the hearing shall
be held before the City Manager at a date not more than 3 weeks after
the City receives a written: demand for said hearing. The records of the
Animal Control Officer sh~l1 be admissible for consideration without
further foundation. After considering all evidence, the City Manager
shall make a determination based upon his or her judgment as to whether
or not me dog is found to be potentially dangerous or dangerous and the
City Manager shall make ~uch order as the City Manager deems proper
consistent with state law. 'Such order may include but is not limited to:
the transfer of the dog to another facility outside the City limits,
restricting the dog's activities, euthanasia of the dog; and reimbursement
by the owner of the reasoriable costs of temporary impoundment and
transportation of the dog.
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would allow the dog to exit ~f its own volition. or any house or structure
in which w41dows are open 9r in which screen door or window screens
are the only obstacles that prevent the dog from exiting.
(5) Signs: All owners of p~tentially dangerous dogs within the City,
within 30 days of the effectiye date of this Section, shall post, in a
conspicuous place on the premises containing such dog, a sign not less
than twelve inches by twelve: inches (12" x 12") bearing the legend,
"Beware Potentially Dangerous Dog on Premises" including a warning
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symbol to inform children. Also included on the sign shall be a
telephone number indicating where the handler of the dog can be
reached. In addition, a simil~r sign is required to be posted on the kennel
or pen of such animal. i
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(6) Insurance: All owners hf potentially dangerous dogs rnust within
60 days of the effective date :of this Section provide proof to the City
Manager of liability insurance, naming the City as an additional insured,
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in a single incident amount of fifty thousand dollars ($50,000.00) for
bodily injury to or death of a!ny person or persons or for damage to
property owned by any persdns which may result frorn the ownership,
keeping or maintenance of s~ch animal.
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(B) It shall be unlawful for the owner of a potentially dangerous dog to fail
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to comply with the requirem~nts and conditions set forth in this Section.
Any dog found to be the subject of a violation of this Section shall be
subject to immediate seizure knd impoundment in accordance with
Section 10-2-11 of this Chap~er. Failure to comply will result in the
revocation of the license of shch animal requiring immediate removal of
the animal from the City. Inl addition, a misdemeanor citati.on may be
issued to the registered owner of the dog or its keeper pursuant to
Section 10-2-20 herein. I
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10-2-17: DESTRUCTION ORIREMOVAL OF DANGEROUS DOGS:
After the owner of a dog is given notice a~d an opportunity for a hearing as provided
in this subsection, the City Manager is authorized to order the dog be: (1) continued
to be declared a Potentially Dangerous Dog, with appropriate restrictions (2) removed
from the City, or (3) euthanized. The City Manager or his designated offIcial shall
take the dog into custody if euthanasia is ordered, in which case the owner shall
immediately make the dog available to the iCity Manager or his designated official.
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