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HomeMy WebLinkAbout90-02 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 The Council of the City of Prior Lake does hereby ordain: Chapter 2, Title 10, of Prior Lake City Code is hereby repealed in its entirety.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 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 Manager, who shall keep a record of all licenses issued. No license shall be issued for a spayed female or a neutered male dog unless the City Manager is presented with a certificate from a veterinarian showing that the dog has been spayed ,or neutered 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. In the event an owner is unable to obtain the certificate of vaccination from a veterinarian because of the age of the dog, the City Manager, upon confirmation of said fact, shall issue a temporary license. The owner shall obtain a certificate of vaccination within the period of the temporary license and present it to the City Manager on or before the earlier of the owner obtaining the certificate of vaccination or the date of expiration of the temporary license, for issuance of the regular license. 10-2-3: LICENSE FEES; EXPIRATION: The annual license fee for male dogs, neutered male dOrs, spayed female dogs or unspayed female dogs shall be set annua ly by the City Council. All licenses shall expire the December 31st next following its issuance. The Citr Manager shall cause a notice of the necessity of paying an annual icense fee to be printed in the official newspaper of the Citr one time before September 1 in each year, but failure so to do sha 1 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 metallic 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 ordering every person owning or keeping a dog to muzzle it securely so that it 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, howling, 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 obtaining a search warrant, may remove the animal from the owner's premises and place it in the 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 parks, school grounds or other public places, or on any private -2- 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. 10-2-9: 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 any police officer, or other City employee, in the performance of his/her duty to enforce this Section, or (3) fail to prevent his/her dog from chasing vehicles, or (4) fail to prevent his/her dog from annoying 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 the owner's premises for more than twenty-four (24) hours, or (8) keep or OW~~r~6 o~ more dogs or cat~, or combinatlon, over three months of age, lOlOut a kennel permlt. 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 may be redeemed from the pound by the owner within the time stated in the notice by compliance with provisions: dog or cat or keeper the following (A) A presentation to the Poundmaster of a license tag or the dog license receipt for the current year if a dog is beTng 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 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 -3- attempt to to take or dog or cat any manner of his/her 10-2-15: 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) (B) Any dog that has bitten a person shall immediately be impounded for fourteen (14) consecutive days, not including the day of the bite, and kept apart from other animals until 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. . 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. 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. (C) 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 7th day of Mav , 1990. ~~.~ M or -4- published in the Prior Lake American on the 14th day of May 1990. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center, 80 South Eighth St. Minneapolis, Minnesota 55402 -5- ,