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HomeMy WebLinkAbout7B - Animal Control Ordinance ............J AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: INTRODUCTION: DISCUSSION: STAFF AGENDA REPORT 7B FRANK BOYLES, CITY J\tlANAGER REVISED ANIMAL CONTROL ORDINAl'lCE. OCTOBER 6, 1997 One of the City Council's Top Priority Objectives for 1997 is the revision and updating of the Animal Control Ordinance. This agenda item is intended to accomplish this objective. The City's existing Animal Control Ordinance is not up to date in a number of respects. Three key changes have occurred which necessitate a revision to the City's Animal Control Ordinance. First, the community has changed from primarily rural to a developing suburb. Second, as a society, our pets have become more than property and more like a member of the family. Third, state statute has changed considerably since our last ordinance revision The Animal Control Ordinance which is attached to this report has been carefully prepared. The ordinances of numerous other suburban communities were examined. A first draft was prepared utilizing pertinent portions of those ordinances. The draft was then compared to statute and modified accordingly. Next, the draft was reviewed by members of the police department, the Animal Control Officer, City Prosecutor, and City Council. Input from each group was incorporated into a revised draft which was once again circulated, revised and redrafted. The final product is attached. The new ordinance seeks to balance the protection of the public and their private property with the importance which pets have to the modern family unit. Modifications which have been included in the ordinance are: 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQLAL OPPORTCNITY E;vlPLOYER 10-2-8B Animals quarantined following a dog bite may be placed either in the City's Animal Control Facility or an approved kennel selected by the pet owner but approved by the City. 10-2-9(A-C) Dogs and cats must be leashed off of the owner's property and are prohibited from running at large. Pet owners are responsible for cleaning up after their animals. This does not apply on agriculturally zoned land in the City. 10-2-15-10-2-18 Potential Dangerous and Dangerous Dogs are defined in accordance with statute. Procedures are provided for registering, restricting, and generally safeguarding the public against such animals. ISSUES: The revised Animal Control Ordinance is part of our ongoing effort to update the Prior Lake City Code to make it consistent with current ordinance and community values. If the Council believes that any aspect of the proposed ordinance is inconsistent with either of those items, it would be appropriate to raise those issues for discussion at the October 6th meeting. AL TERNATIVES: The Council has the following alternatives: 1. Adopt the ordinance as proposed. 2. Adopt the ordinance with amendments. 3. Defer action on the ordinance subject to specific direction to the staff. RECOMMENDATION: Alternative #1 or #2. The proposed ordinance reVlSlOns have been reviewed by the Prior Lake Police Department, Prosecutor, Animal Control Officer, and City Attorney's office. The proposed ordinance does appear to meet the needs of our enforcement personnel. It is' therefore recommended for adoption either as proposed or with amendments as the Council deems appropriate. ACTION REQUIRED: Motion and second to adopt Ordinance 97 -XX relating to Animal Control. ANIl06.DOC CHAPTER 2 DOGS AND CATS 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 : dO-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 STATUTES ADOPTED: The provisions of Minnesota 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. 43509 10-2-2: LICENSE REQUIRED: No person shall keep any dog over 3 months of age within the City without securing a license from the City. The City Manager shall keep a record of all licenses issued. (A) NEUTERED OR SPAYED DOGS OR CATS: The license fee for non- neutered or non-spayed dog or cats will be higher than that for spayed/neutered dog or cats. In order to be eligible for the lower license fee the City Manager or the Manager's designee must be presented with a certificate from a veterinarian showing the dog or cat has been spayed/neutered and the date of the procedure. (B) VACCINATION REQUIRED: Every dog and cat shall be vaccinated against rabies. Every application for a new or renewal license shall be accompanied by a certificate of vaccination from a veterinarian indicating the dog or cat has been vaccinated to protect it from rabies during the term of the license. 10-2-3: LICENSE FEES, EXPIRATION: The annual fee for male dogs or cats, neutered male dogs or cats, spayed female dogs or cats or unspayed female dogs or cats shall be set annually by the City Council. All licenses shall expire on December 31 next following its issuance. The City Manager shall publish a notice of the necessity of obtaining a license to be printed in the official newspaper of the City one time each year before October 1st. Failure to publish notice shall not in any way invalidate any provisions of this Chapter. License fees shall not be prorated. 10-2-4: ISSUE LICENSE, TAG: Upon payment of the license fee and proof of vaccination, the City Manager shall issue both a receipt and a suitable metallic tag to the applicant. The applicant shall affix the tag by a permanent metal fastening to the collar of the dog in such a manner that the tag may be easily seen. 10-2-5: LOST, COUNTERFEIT TAGS: Dog or cat 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 dog or cat tag fee, a duplicate dog or cat tag may be issued by the City Manager if the original dog or cat tag is lost. The fee for obtaining a duplicate tag shall be $5.00. It shall be unlawful to counterfeit or attempt to counterfeit a license tag, or to take a legally placed license tag from any dog or cat and place said tag upon another dog or cat. 10-2-6: KENNELS, LICENSE REQUIRED: No person shall maintain, within the City, a dwelling unit, as defined in the Zoning Code, where 3 or more dogs or cats or combination thereof are kept without securing a license from the City Manager. The fee for said license shall be determined at the discretion of the City Council. 43509 10-2-7: ANIl\tIAL CONTROL FACll..ITY: 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) BITES: 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) IMPOUNDl\1ENT: 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 facility. 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. If the owner of the dog or cat is identified, the owner shall be responsible for the impoundment costs and shall make arrangements in advance for the payment of these costs including posting a bond or cash escrow of at least four hundred dollars ($400.00) to assure payment for the proper care and maintenance of the dog or cat. Upon expiration of the required 10 day impoundment, if a licensed veterinarian determines the dog or cat does not have rabies, it may be released to its owner as provided in Section 10-2-13 (C) herein. 3. Impoundment at Owner selected facility. 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 43509 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 manner consistent with this and all other ordinances of the City. Upon expiration of the required 10 days, if the dog or cat does not have any symptoms of rabies, it may be released to the owner after a licensed veterinarian has examined the dog or cat and has agreed to the release. (C) EUTHANASIA: In accordance with state statute, if the veterinarian at the City animal control facility deems it necessary, the dog or cat shall be subject to euthanasia by injection. The City may have an autopsy performed on any dead dog or cat or on any dog or cat euthanized while impounded to determine if it was diseased. 10-2-9: UNLAWFUL ACTS: (A) ALL DOGS AND CA TS ~IUST BE LEASHED: It shall be unlawful for any owner or keeper of a dog or cat to walk said dog or cat without the dog or cat being leashed. (B) 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 parks, school grounds or other public places, or on any private 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. (C) WASTE REMOVAL: It shall be unlawful for any owner or keeper of a dog or cat to permit solid waste of the dog or cat to accumulate on the owner's or keeper's premises for more than 24 hours. Solid wastes from the dog or cat must be immediately removed from public property or private property of another and disposed of in a trash container. 10-2-10: NUISANCE: (A) OWNER RESPONSmILITY: It shall be the responsibility of the owner or keeper of any dog or cat in the City, whether permanently or temporarily therein, to prevent such dog or cat from committing any act 43509 .. ~.-i' --. ~. .-- - -_.---.--...----- which constitutes a nuisance. It shall be considered a nuisance for any owner or keeper of a dog or cat to allow a dog or cat to habitually or frequently bark, cry, meow or whimper; to frequent school grounds, parks or other public areas while unrestrained; to chase vehicles; to fight with other dogs or cats; to chase and kill birds; to molest, defile, destroy any public or private property; or to leave excrement on any property, public or private. (B) IMPOUNDMENT FOR NUISANCE: The Animal Control Officer 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, whimper, 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 Control 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 WITH ANIlVIAL CONTROL OFFICER: 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) COl\'lMON 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: IMPOUND:MENT A..t~ 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 qr cat of such impoundment and the conditions whereby the owner may regain custody of the dog or cat. Any oral notices shall immediately be confmned 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. 43509 . , (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 notice to a person residing on the property, and telephoning, if possible. The notice must include: (1) a description of the dog or cat seized; the authority and purpose for the seizure; the time, place, and circumstances under which the dog or cat was seized; and the location, address, telephone number, and contact person where the dog or cat is being kept; (2) a statement that a person claiming an interest in the dog or cat may post security to prevent sale or euthanasia of the dog or cat and may request a hearing concerning the seizure or impoundment and that failure to do so within 10 days of the date of the notice will result in the dog or cat being considered unclaimed and subject to the provisions of Section 10-2-13 (B). (3) a statement that all actual costs of the care, keeping, and disposal of the dog or cat are the responsibility of the person claiming an interest in the dog or cat, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law; and (4) a form that can be used by a person claiming an interest in the dog or cat for requesting a hearing under this subdivision. (D) Impoundment of Inhumanely Treated Dogs or Cats: Pursuant to authority provided in state statutes, the City may seize dogs or cats which are being cruelly or inhumanely treated. All dogs or cats seized by the City or its Animal Control Officer for cruel or inhumane treatment must be held for redemption by the owner as set forth in Section 10-2-13 unless, due to the condition of the dog or cat, a veterinarian authorizes euthanasia. (E) Exceptions to Impoundment: Dogs or Cats may be immediately euthanized if a licensed veterinary determines 1) a dog or cat is diseased, vicious, rabid or exposed to rabies and cannot be impounded after a reasonable effort or without serious risk to the person attempting to impound or others, or 2) upon determination that the dog or cat is suffering and is beyond cure through reasonable care and treatment. 43509 (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 10 regular business days at the animal control facility. For purpose of this Chapter, "regular business day" means a weekday, Monday through Friday, and does not include holidays on which the animal control facility is 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 the 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 10 day per:iod, all dogs or cats which remain unclaimed may be 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 euthanized by injection. (C) Reclaimed Dogs and Cats: If an impounded dog or cat requires a City license, such license shall be obtained before the dog or cat is released. No 43509 . i dog or cat shall be released until sufficient proof of vaccination has been shown. (D) Treatment: Any dog or cat which is impounded in the City animal control facility shall be kept with kind treatment and sufficient food, water, and shelter for the dog or cat's comfort, in accordance with the laws of the State of Minnesota. 10-2-14: BREAK OPEN ANIMAL CONTROL FACILITY: It shall be unlawful for any unauthorized person to break open the City animal control facility, or attempt to do so, or to take or let out any dogs or cats therefrom or to take or attempt to take from any officer or other designated City official, any dog or cat taken up by him/her in compliance with this Chapter, or in any manner to interfere with or hinder such officer in the discharge of his/her duties under this Chapter. 10-2-15: POTENTIALLY DANGEROUS DOGS: DANGEROUS DOGS: In addition to the provisions set forth in Sections 10-2-15 through 10-2-20, Minnesota Statutes Sections 347.50 through 347.55 are incorporated herein by reference. To the extent these State Statutes are inconsistent with the provisions of Sections 10-2-15 through 10-2-19, the provisions of this Chapter shall apply. For the purposes of this Section the following detlnitions shall apply: (A) DEFINITIONS: (1) POTENTIALLY DANGEROUS DOG: A Potentially Dangerous Dog is any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (2) DANGEROUS DOG: A Dangerous Dog is any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being 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 domestic animals. 43509 T " . f;. (B) DETERMINATION OF POTENTIALLY DANGEROUS OR DAi'lGEROUS CLASSIFICATION (1) Notice: A City Animal 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 Minnesota Statutes, the City Manager shall provide a Notice of Potentially Dangerous Dog or Dangerous Dog to the owner by personally serving the owner or person of suitable age at the residence of the owner. The notice shall describe the dog, the naUlre 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 nature 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 shall 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 the dog is found to be potentially dangerous or dangerous and the City Manager shall make such 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 reasonable costs of temporary impoundment and transportation of the dog. 10-2-16: RESTRICTIONS ON POTENTIALLY DANGEROUS DOGS: All potentially dangerous dogs must be registered with the Prior Lake Police Department within 60 days after the effective date of this Section. (A) Ownership of potentially dangerous dogs, including guard or attack dogs, that meet the definition of potentially dangerous dogs, within the City, 43509 43509 . . .. I with the exception of ownership by a public law enforcement agency, is subject to the following regulations: (1) Registration: Potentially Dangerous dogs must be registered on forms provided by the City Manager, including a description of such dog, and giving the address of the premises where the dog will be kept within the City and the names, addresses and telephone numbers of the owner and handler. (2) Leash and Muzzle: No person shall permit a potentially dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet (4') in length. No person shall permit a potentially dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leased to inanimate objects such as trees, pots, buildings and the like. In addition, all potentially dangerous dogs on a leash outside the dog's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. (3) Confmement: All potentially dangerous dogs shall be securely confmed indoors or outdoors in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine potentially dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet (2'). All structures erected to house potentially dangerous dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (4) Confmement Indoors: No potentially dangerous dog may be kept on a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which screen door or window screens are the only obstacles that prevent the dog from exiting. (5) Signs: All owners of potentially dangerous dogs within the City, within 30 days of the effective 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 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 similar sign is required to be posted on the kennel or pen of such animal. (6) Insurance: All owners of potentially dangerous dogs must 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, in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. (B) It shall be unlawful for the owner of a potentially dangerous dog to fail to comply with the requirements 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 and impoundment in accordance with Section 10-2-11 of this Chapter. Failure to comply will result in the revocation of the license of such animal requiring immediate removal of the animal from the City. In addition. a misdemeanor citation may be issued to the registered owner of the dog or its keeper pursuant to Section 10-2-20 herein. 10-2-17: DESTRUCTION OR REMOVAL OF DANGEROUS DOGS: After the owner of a dog is given notice and 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 City Manager or his designated official. 10-2-18: DAJ.~GEROUS DOGS AT LARGE: A Dangerous Dog running at large shall be apprehended by the Animal Control Officer and if the dog bears no identification which reasonably reveals its ownership, the Animal Control Officer shall impound the dog until the quarantine period is completed. If the dog has not been claimed, it shall be euthanized at the end of the quarantine period. If the dog is claimed, the City Manager shall proceed as in Subdivision 10-2-15. 43509 .. :. 10-2-19: EXEMPTION FROM PROVISIONS: Section 10-2-9 of this Chapter shall not apply to dogs or cats on land zoned agricultural. However, no dog or cat from an area zoned for agriculture shall be permitted to run at large in any other area of the City. 10-2-20: PENALTY: Any person violating any provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fme of not more than seven hundred dollars ($700.00) and 90 days in jail. 43509 1Il