HomeMy WebLinkAbout5 - Dog/Cat Ordinance 90-02
AGENDA ITEM:
PREPARED BY:
SUBJECT:
DATE:
HERITAGE
1891
COMMUNITY
1991
18J.5fJ%
2Q9/
5
DAVID J. UNMACHT, CITY MANAGER
CONSIDER SECOND DRAFT OF DOG/CAT ORDINANCE 90-02
APRIL l6, 1990
INTRODUCTION: On Monday, April 6, 1990 the City Council
considered proposed Ordinance 90-02 relating to
dogs and cats within the City of Prior Lake.
Council directed staff to make several changes to
the Ordinance and place it on the April 16, 1990
agenda for consideration and possible adoption.
DISCUSSION:
Past practices have been for the City Council to
adopt the Ordinance on the consent agenda after
initial discussion and direction. However, based on
an article in the Prior Lake American on April 9,
staff felt more comfortable placing this on the
general agenda for discussion and adoption in that
manner.
Two amendments are included in the new Ordinance
attached. Those are underlined in Section 10-2-4
and Section 10-2-7. In addition, since the story
appeared in the Prior Lake American, one call has
been received by staff in support of the new
proposed Ordinance. This call was received from
Judy Fuhrman on April 10, 1990.
Staff has forwarded the Ordinance to Bob McAllister
for his review and examination, and any comments
pertinent to the discussion will be presented by
staff at the Council meeting. Police Chief Powell
has indicated that, in almost all cases of
impounding, our Animal Warden will be assisting the
Police Department in this effort.
In addition, in Section lO-2-12B, staff is
recommending that the current board and care cost
of $3.50 per day (adopted formally with the fee
schedule) be increased to $7.50 per day. The cost
has not increased in several years, according to
McAllister. These costs are paid directl~ to the
City by the pet owner reclaiming their an1mal. In
Section C a payment with respect to this section of
the Ordinance is already adopted by the City
Council through the annual fee process in January
of each year.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
A formal public hearing is not required on general
municipal ordinances. Formal public hearings are
necessary when amending the zoning code,
subdivision ordinance and comprehensive plan.
However, for general ,City ordinances, the Council's
process has been to discuss on, at least one or two
occasions, the proposed ordinance and then adopt
the Ordinance on the next meeting's consent agenda.
No formal hearing as set forth in the Prior Lake
American article will occur on this ordinance
unless the Council so directs staff to incorporate
a public hearing into the process.
A few notes of information provided by McAllister
in discussion with staff include, a generalization
that dogs on average are normally held two days
before they are claimed. In 1989, 179 dogs were
claimed, and 148 dogs were unclaimed. In 1990 to
date, 14 dogs have been unclaimed, and 23 dogs have
been claimed in Prior Lake.
ALTERNATIVES: The alternatives are as follows:
1. Adopt Ordinance 90-02 as presented and direct
staff to publish for implementation.
2.
Amend Ordinance 90-02 and adopt
Ordinance and direct staff to
implementation.
Table Ordinance 90-02 for
consideration and later action.
the amended
publish for
3.
further
4. Direct staff to place Ordinance 90-02 on the
May 7, 1990 consent agenda for approval.
RECOMMENDATION:
Staff recommends alternatives 1, 2
Because this Ordinance could have been
on the consent agenda for this meeting,
prefers alternat1ve 1 or 2.
or 4.
placed
Staff
ACTION REQUIRED:
Will be based on Council discussion at the
meeting.
CITY OF PRIOR LAKE
ORDINANCE NO. 90-02
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 10, CHAPTER 2.
The Council of the City of Prior Lake does hereby ordain:
Chapter 2, Title 10, of Prior Lake City Code is hereby repealed in
its entirety.
A new Chapter 2, Title 10, is hereby adopted which shall read as
follows:
SECTION:
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:
CHAPTER 2
DOGS AND CATS
License Required
Rabies Vaccination Required
License Fees; Expiration
Issue License, Tag
Lost, Counterfeit Tags
Muzzling; Proclamation
Disturbing the Peace
Running at Large
Other Unlawful Acts
poundmaster and Assistants
Impoundment; Notice
Redemption or Impounded Dogs and Cats
Sale of Unclaimed Dogs and Cats
Break Open Pound
Dog Bits; Procedure
Kennels; License Re9uired
Exemption From Prov~sions
Penalty
10-2-1: LICENSE REQUIRED: No person shall keep any dog over
three months of age within the City without securing a
license therefor from the City Manager, who shall keep a record of
all licenses issued. No license shall be issued for a spayed female
dog unless the City Manager is presented with a certificate from a
veterinarian showing that the dog has been spayed and the date of the
operation.
10-2-2: RABIES VACCINATION REQUIRED: Every application for
license, or renewal thereof, shall be accompanied by a
certificate of vaccination from a veterinarian indicating that said
dog is protected from rabies during the term of the license.
10-2-3: LICENSE FEES; EXPIRATION: The annual license fee for
both male d09s and spayed or unspayed female d09s shall
be set annually by the C1ty Council. All licenses shall exp1re the
December 31st next following its issuance. The City Manager shall
cause a notice of the necessity of paying an annual license fee to be
printed in the official newspaper of the City one time before
September 1 in each year, but failure so to do shall not in any way
invalidate any provisions of this Chapter.
10-2-4:
ISSUE LICENSE, TAG: Upon payment of the license fee, the
City Manager shall issue both a receipt therefor and a
metall1C tag to the applicant. The applicant shall affix the
permanent metal fastening to the collar of the dog so
in such a manner that the tag may be easily seen.
suitable
tag by a
licensed
10-2-5:
LOST, COUNTERFEIT TAGS: Dog tags shall not be
transferable and no refunds shall be made of any license
fees. Upon presentation of a license receipt for the current year,
and payment of a duplicate tag fee of twenty-five cents ($.25), a
duplicate dog tag may be issued by the City Manager if the original
dog tag is lost. It shall be unlawful to counterfeit or attempt to
counterfeit a license tag, or to take from any dog a license tag
legally placed upon a dog by its owner or keeper and place said tag
upon another dog.
10-2-6: MUZZLING; PROCLAMATION: Whenever the prevalence of
rabies or any other disease affecting dogs, renders such
action necessary to protect the public health and safety, the Mayor
shall issue a proclamation orderin9 every person owning or keeping a
dog to muzzle it securely so that 1t cannot bite. Any unmuzzled dog
running at large during the time fixed in the proclamation shall be
killed by the police without notice to the owner or keeper.
10-2-7: DISTURBING THE PEACE: It is unlawful for any person, as
owner or keeper of a dog, to keep or harbor a dog which
(1) disturbs the peace and quiet of the neighborhood by barking,
howling, whining, or making any other loud or unusual noise between
the hours of 10:00 p.m. and 6:00 a.m., or (2) disturbs the peace and
quiet of the neighborhood by barking, howl1ng, whining, or making any
other loud or unusual noise for one hour or more at any other time.
If a dog is disturbing the peace, a police officer or the City
Poundmaster, after obtainin a search warrant, may remove the animal
from the owner's prem1ses an pace 1 1n e City pound at the
owner's expense.
10-2-8: RUNNING AT LARGE: No dog or cat shall run at large ~ ~
within the limits of the City. The term "run at large"
shall mean going on or about the public streets, alleys, public , ,"^~O\Z
parks, school grounds or other public places, or on any private 'Y
premises (except the premises of the owner or keeper of said dog or
cat), without the owner's permission, unless said dog or cat is
effectively restrained by a chain or leash.
lO-2-9: OTHER UNLAWFUL ACTS: It is unlawful for the owner to:
(1) fail to have the dog license tag issued by the City
worn at all times by the licensed dog, or (2) interfere with anr
police officer, or other City employee, in the performance of h1s/her
duty to enforce this Section, or (3) fail to prevent hiS/her d09 from
chasing vehicles, or (4) fail to prevent hiS/her dog from annoY1ng
any person if such person is not on the pro~erty of the owner or
kee~er of the dog, or (5) fail to prevent h1s/her dog from molesting,
def1ling or destroying any public or private property, or (6) fail to
prevent his/her dog from defecating in or upon public property or the
premises of another, or (7) permit solid waste of a dog to accumulate
on the owner's premises for more than twenty-four (24) hours, or (8)
keep or own four or more dogs or cats, or combinat1on, over three
months of age, without a kennel permit.
10-2-10: POUNDMASTER AND ASSISTANTS: The City Council shall
designate a qualified Poundmaster and such qualified
assistants as may be deemed necessary and shall set the compensation
for the services of the Poundmaster.
10-2-11: IMPOUNDMENT; NOTICE: The Poundmaster, police officers or
any other designated officer of the City, shall impound:
(1) any dog found unlicensed, or without a tag, or running at large,
or otherwise violating this Chapter and (2) any cat running at large,
and shall give notice of said impounding to the owner or keeper of
said dog or cat, if known. If the owner or keeper of the dog or cat
is unknown, a written notice of impounding shall be posted in three
(3) public places in the City.
10-2-12: REDEMPTION OF IMPOUNDED DOGS AND CATS: Any dog or cat
may be redeemed from the pound by the owner or keeper
within the time stated in the notice by compliance with the following
provisions:
(A)
A presentation to the poundmaster of a license tag and the
dog license receipt for the current year if a dog is being
redeemed, and
Payment to the City Manager of a fee, determined by the City
Council, for the cost of feedin~ and care of the dog or cat
each day the dog or cat is conf1ned in the pound, and
Payment to the City Manager of a fee to be determined by the
City Council for the cost of picking up and impounding the
dog or cat.
10-2-13: SALE OF UNCLAIMED DOGS AND CATS: If a dog or cat is not
claimed within the time specified and all fees and
charges paid, the dog may be sold to any person or destroyed in a
humane manner unless it is requested by a licensed educational or
scientific institution under Minnesota Statutes providing therefor.
(B)
(C)
10-2-14:
BREAK OPEN POUND: It shall be unlawful for any
unauthorized person to break open the City pound, or
do so, or to take or let out any dogs or cats therefrom or
attempt to take from any officer or the Poundmaster, any
taken up by him/her in compliance with this Chapter, or in
to interfere with or hinder such officer in the discharge
duties under this Chapter.
DOG BITES; PROCEDURE:
attempt to
to take or
dog or cat
any manner
of his/her
10-2-15:
(A)
Any dog that has bitten a person shall immediately be
impounded for fourteen (14) consecutive days, not includin~
the day of the bite, and kept apart from other animals unt1l
it is determined whether said dog had or has rabies. Such
impounding may be by the owner. The owner shall provide
written proof to the Poundmaster that said dog is being
impounded. Upon the signing of a complaint, the dog shall be
impounded at the pound. If the dog is impounded in the pound,
such dog may be reclaimed as hereinafter provided.
(B) Upon expiration of the fourteen (14) day quarantine period,
if the dog does not have rabies, he may be released and the
poundmaster shall be notified prior to such release.
(C) The Police Department shall be notified immediately upon any
appearance of sickness or disease in the dog, or if the dog
dies during the quarantine period.
10-2-16: KENNELS; LICENSE REQUIRED: No person shall maintain,
within the City, a kennel where dogs are kept for sale
without securing a license therefor from the City Manager. The fee
for said license shall be determined at the discretion of the City
Council.
10-2-17: EXEMPTION FROM PROVISIONS: Sections 10-2-1 and 10-2-8 of
this Chapter shall not apply to dogs or cats in rural
agricultural areas on properties of individual ownership of five (5)
acres or more. However, no dog or cat from a rural agricultural area
shall be permitted to run at large in any other area of the City.
10-2-18: PENALTY: Any person violating any provisions of this
Chapter shall be guilty of a petty misdemeanor and upon
conviction thereof shall be punished by a fine of not more than two
hundred dollars ($200.00).
This ordinance shall become effective from and after its passage and
publication.
Passed by the City Council of the City of Prior Lake this ____ day of
, 1990.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the ____ day of
1990.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center, 80 South Eighth St.
Minneapolis, Minnesota 55402
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City will cOnsldet'lougher <..'
ordinance on barking dogsi . .
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1, Im~, 'to ~ dGJ'.~. ':'s '
Eal.... . . . _ . ao..-, Po..elltold lhc ~ .
Will ' Prior ~ke city otticiaJS wonder dJ, that'. tbc mast the poJb ~.
' lhc wbctber lis ordinaoce 011 DOisy dop ..... <au do IIIldit lhc "'''all \ .
e III bas erJOuBh teeth to mate it wort. Dance.. , ','
But some resfdeots ~ the CUy'Par Wemnp, the llDwer fa III .
0,15 0:lwlClJ _Id be IlIutina up lhc .mCndmall_ -Id p po/Ja:
'Frjf:!l. wrong rrce it it tried 10 toughen the. . dJaoce to remove the dOg. faa-,
ordinance wltb 10 amendment tbat the dog's owner to pay the eXl'Cl*
would I)JOW poUce otrJCers to im- of the act's stay in a kenneJ., .
. $1 POUnd ..lenllcss bortcn. . NO! surprisingly, not oil 'llJ'OOd
..). In whal '-to l!!J Intonnol lba, "'ell . _rc _Jd be pro.
Fri. bearing before the council Jast Mon- den I.
diy, 00UndJ IIlcmbers - no lICllon "Fin! of 0I~ 1 dal"lbink lbo, ""!i
· or OIl · rough {I'OposI/ wbicb lIIIy be barltinS dng &/tuition is cnouli' at"' .
one drafted as a formaJ amendmeot later seriOUS crisis situation to justIfy tat- '
this month, , in$ a CamnY'1 pet," Mike MankoW:
i .In the meantlmc,llbec:punciJ WilJ ~ a Butternut OrcJe resident, t9Jd _ ,
,..Job who'l, ~....... Ibc 00UndJ. .
incI ~fdeDts who ' '1bixecI, The ,JXOblem with the' curreui
=::c .'. U_ ::~~~.
' The amendment WOUld IJlow ~fJ 10 ~PBst. A new ordin.ahci
P'lb to leizc twtq dogs IAct CnabliDl the day to Jepny ~ '
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~ bJ Iocaled witbfi ) pcrlod ~ ~L. _ -" . , ~ '
YIne. to fmpound · q on priVIle "l ihJDt it you Jet people kDQW, '.
P'OPOrty, however, police would the dty CluJd have . des ~' j
JIJ b haVe to obtain · !earcb WllTlDt, POUnded, you we going 10 get . b J
Or - .,.... be &lucid by. Judao. """" ~. be _. I
OJ Prior Late '!FXJSiderauon of the PoweJf said poUce feel . thouab . ,
tou8her ordinance is the resuJt, in their hands are tied by an ordinance
pert. from · frustrated Spring Late wbicb offers DO quiet R:Jief 10 home-
Roed RSident Who says be has put up OWners tired 01 DOisy dogs. II. dog
with. neighbor's b8r1dng dollar 1 owner wisbea to c:haJJenge the ~
lJ2 years now. turbing the peace citation, the com,
o JiaJ Weninger, bJlmelf . dog can rate mcre 1blIJ.)Ur 10 bring the
owner, laid the q his tleeD DOJay matter to JriaJ.
Iioce it \VIi · pup and oftca wbineI Howcwr. Poweu agreed that
incessantly \VtieO hs owner is .....y Jnvoo lI~ti"ID)'OIIe '5 doj sboulda't
60m ...... . be -1IjbIJj. I
-Jt's gotten to Ibc pojal Wbere ~-"Di. dog is aJlDOISt Jib , ,
~ my aeiahbor ~. boule up Ix' SIQIiDa iomcoDe's child." be said. "1
IlI1e tor I period of time. · WadDaer Sui CD . bot summer's Iligbt.
1IkI. Another ccnsideted remodeJ. wbeo ,Da'Yea are~J frayed, .
!D& !be tiomc 10 locate the IDISIa' ~ AJ& ~ . . rqJeII, I .'
bedroom oalbe ~re Side af'lbe ~,:-.. .' 7' pubJJc ......... ?
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