HomeMy WebLinkAbout6 - Revised Dog and Cat Ordinance 90-02
MEMORAHDUM
TO:
Dick Powell, Chief of Police
City of Prior Lake
FROM:
Gary D. Pontius
Lommen, Nelson, Cole & Stageberg, P.A.
March 26, 1990
DATE:
RE:
Proposed Ordinance 10-2-7 Disturbing The Peace
Our File No. 16772P
I have reviewed the proposed ordinance 10-2-7 Disturbing The
Peace and I have a few comments regarding the enforcement of the
dog impound provision. The dog impound provision contained in
this ordinance is modeled after an ordinance approved by the
City of Eagan. As part of my review of this provision, I
contacted the prosecuting attorneys for the City of Eagan to
determine what their experience has been in enforcing this
provision. Unfortunately, they have not had much experience
with this provision.
Implicit in the impoundment provision contained in this
ordinance is an understanding that a search warrant will be
required before a dog can be impounded. As I am sure you are
well aware of, there are few situations where law enforcement
officers can enter private property and seize private property
without a search warrant specifying the place to be searched and
the property to be seized. Clearly, if a dog has violated this
ordinance while occupying a house or apartment, a search warrant
would be required. Similarly, taking this example to the other
extreme, if a dog is barking in violation of this ordinance
while in plain view in the dog owner's backyard, a search
warrant would be required before the city impound master or a
police officer could go upon the private property and seize the
dog. In essence, it is imperative that before any dog is
impounded pursuant to proposed ordinance 10-2-7 that a search
warrant be obtained. This will alleviate a number of concerns
associated with searching private property and seizing private
property.
GDP/slg
LOMMEN-NELSON
TEL No.
612349 6055 Mar 23.90 10-:4-i-.p--06--h---1
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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Chapter 2, Title 10, of Prior Lake City Code is hereby repealed in
it. 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:
lO-2-4:
10-2-5:
10-2-6:
lO-2-7:
lO-2-8:
10-2-9:
lO-2-l0:
10-2-11:
10-2-12:
10-2-131
10-2-14:
10-2-l5:
10-2-16:
10-2-17:
10-2-18:
CHAPTER 2
DOGS AND CATS
License Required
Rabies Vaccination Re9uired
License Fees1 Expirat10n
Issue License, Tag
Losti Counterfeit Tags
Muzz in9; Proclamation
DisturbLng the Peace
Running at Large
Other Unlawful Acts
Poundmaster and Assistants
Impoundment; Notice
Redemption or Impounded Dog8 and Cats
Sale of Unclaimed Dog8 and Cats
Break Open Pound
Dog Bits; Procedure
Kennels; License Required
Exemption From Provisions
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 IAnA~~ who Sh~ll_keeD a record of _
No license shall e Issue fOr a BpayeQ !ema18
doq un eS8 e y anager 1s presented with a certificate from a
veterinarian showing that the dog has been spayed and the date of the
operation. A-
10-2-2: RABIES VACCINATION REQUIRED. Eve~ application for
licen.., 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.
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LOMMEN-NELSON
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TEL No.
612 349 6055 Mar 23,90 10:48 P.07
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10-2-3: LICENSE FEES: EXPIRATION: The annual license fee for
both male doqs and spayed or unspayed female doqs shall
be set annually by the City Council. All licenses shall expire the
December 31st next followinq its issuance. The Citr Manaoer shall
ause a notice of the necessity of paying an annua license fee to be
rinted in the official newspaper of the City one time before
eptember 1 in each year, but failure so to do shall not in any way
invalidate any provisions of this Chapter.
/'l'\'I\~
10-2-4: ISSUE LICENSE, TAG 1 Upon payment of the license fee, the
City ~ shall issue both a receipt therefor and a
suitable metallic tag to the ap~licant. The applicant shall affix the
tag by a ~ermanent metal fasten~ng to the collar of the dog so
licensed 1n such a manner that the tag may be easily seen.
10-2-51
LOST, COUNTERFEIT TAGS: Dog tags shall not be
transferable and no refunds shall be made of any~icense
fees. Upon presentation of a license receipt for the current year,
and fayment of a duplicate tag fee of twenty-five cents ($.251' a
dupl1cate dog taq may be issued by the City ~ if the or ginal
dog tag is lost. It shall be unlawful to counterfe~t or attempt to
counterfeit a license tag, or to take from any dog a license tag
leqally placed upon a dog by its o~ or keeper and place said tag
upon another dog. ~
10-2-6: MUZZLING; PROC~TIONI Whenever the prevalence of
6~AhjA. or any other disease affectinq oogs, renders such
Action necessary to protect the public health and safety, the Mayor
shall issue a proclamation orderin~ every person owning or keeping a ~
dog to muzzle It securely 80 that ~t cannot bite. Any unmuzzled dog f~J
running at large during the time fixed in the proclamation shall be ~~~
killed by the police without notice to the owner or keeper. i' ,JJ
10-2-7: DIST~ING TH~ ii~ It is unlawful for any person, as
owner or xeeper o%:1ldog, to keep or harbor a a09 which I
(1) disturbs the peace and quiet of the neighborhood by bark1nq, ~
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, howl~nq, 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
Poundrnaster may remove the animal ana place it in the City pound at
the owner's expense.
10-2-81
RUNNING AT LARGE & No dog ~ shallArun at large
within the limits of the C~he term "run at large"
shall meanAgoinq on or about the publiC streets, alleys, public
parks, .chaol grounds or other public places, or on any private
premises (except the premises of the owner or keeper of said dog),
without the owner's permission, unless said dog is effectively
restrained by a chain or leash.~
10-2-9: OTHER UNLAWFUL ACTS: It 1s unlawful for the owner tOI
(1) fail to have the dog license tag issued by the City
worn at all times by the licensed dog, or (2) interfere with anI
police officer, or other City employee, in the performance of h eiher
duty to enforce this Section! or (3) fail to prevent hiS/her dog from
chasing vehicles, or (4) fai to prevent his/her dog from annoying
,
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LOMMEN-NELSON TEL No. 612 349 6055 Mar 23,90 10:49 P.08
any person if such person is not on the property of the owner or
keeper of the dog, or (5) fail to prevent hiS/her dog from molesting,
defiling 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 hiseremises for more than twenty-four (24) hours, or (8) keep
or own fou or more dogs or cats, or combination, over three months
of aqe, . out a kennel permit.
'J'!- a 10-2-10: POUNDMASTER AND ASSISTANTSI The City Council shall
.#~-. designate a qualified poundmaster and such qualified
~.~. assistants as may be deemed neces6ary and shall set the compensation
,~' for the services of the Pound master..
10-2-1l: IMPOUNDMENT; NOTICE: The Poundmaster, police officers or
any other designated officer of the City, shall impound:
(1) any d09 found unlicensed, or without A tag, or running at large,
or otherwise violatinq this Chapter and (2) any cat running at large,
and shall give notice of said impounding to the owner or keeper of
said doq 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 presentation to the Poundrnaster 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 feeding and care of the dog or cat
each day the dog or CAt is confined 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 doq or cat is not
claimed within the time specified and all fees and
charges paid, the dog mar be sold to any person or destroyed in a
humane manner unless it 8 requested by a licensed educatIonal or
scientific institution under Minnesota Statutes providing therefor.
(A)
(B)
(C)
~
t~
.~
1
,
10-2-14:
attempt to
to take or
doq or cat
any manner
of hiS/her
10-2-15:
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:
(A)
Any dog that has bitten a person shall immediately be
impounded for fourteen (14) consecutive days, not including
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LOMMEN-NELSON
TEL No.
612 349 6055 Mar 23.90 10:50 P.09
the day of the bite, and kept apart from other animals until
it is aetermined whether said dog had or has rabies. Such
im~oundin9 may be by the owner. The owner shall provide
wr~tten 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.
Upon expiration of the fourteen (14) day quarantine period,
it the aog does not have rabies, he may be reloased and the
poundmaster shall be notified prior to such release.
The Police Department shall be notified immediately upon any
a~pearance of sickness or disease in the dog, or if the dog
d~es during the quarantine period.
10-2-16: KENNELSJ LICENSE REQUIRED: No person shall maintain,
within the City, a kennel where dO~8 are kept for sale
without securing a license therefor from the C~ty Manager. The fee
for said license shall be determined at the discretion of the City
Council.
(8)
(C)
lO-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: AnI person violating any provisions of this ~
Chapter shal be quil ty of a ~ misdemeanor and upon
conviction thereof shall be punished by a~ of not more than two
hundred dollars ($200.00).
/D"';''''a, ~ c..14"'~ ~
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.
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Drafted By:
Lommen, Nel8on, Cole' Stageberq, P.A.
1800 IDS Center, 80 South Eighth St.
Minneapolis, Minnesota 55402