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Ordinance 024• • VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE LICENSING AND REGULATING DOGS, PROVIDING FOR IMPOUNDING DOGS, AND PRESCRIBING A PENALTY FOR VIOLATION. THE VILLAGE COUNCIL OF CHANHASSEN ORDAINS: Section 1. Definitions. (a) As used in this ordinance, "owner" means any person, firm, or corporation owning, harboring or keeping a dog, or the parents or guardians of a minor dog owner. (b) "At large" means off the premises of the owner and not under the control of the owner or a member of his immediate family, either by leash or otherwise. Section 2. License Required. No dog owner shall keep any dog within the Village after the 1st day of May, 1968, unless a license therefor has been first secured. Licenses shall be issued by the Village Clerk for a fee of $2.00 for each male or spayed female dog and $5.00 for each unspayed female dog. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 19. An application for a license for a spayed female dog shall present a statement from a qualified veterinarian indi- cating that the dog has been spayed and giving the date of the operation. Licenses shall expire on the 30th day of April next following their issuance. Section 3. Date of Payment. It shall be the duty of each owner of a dog to pay the license fee imposed in Section 2 to the Village Clerk on or before the first day of May in each year, or upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the Village. The Clerk shall cause a notice • . of the necessity of paying such license fee to be printed in the official Village newspaper on one occasion before the lst day of May in each year. Section 4. Receipts and Tags. Upon the payment of the license fee, the • Clerk shall execute a receipt in duplicate. He shall deliver the original receipt to the person who pays the fee, retaining the duplicate. He shall also procure a sufficient number of suitable metallic tags, the share of which shall be different for each license year; and he shall deliver one appropriate tag to the owner when the fee is paid. Section 5. Affixing Tags. The owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the dog so licensed in such a manner that the tag may be easily seen by the officers of the Village. The owner shall see that the tag is constantly worn by such dog. Section 6. Impounding. Thirty days after the taking effect of this ordinance and on and after the first day of May of each year thereafter, the police officers of the Village shall take up and impound any dogs found at large in the Village and any unlicensed dogs; and to enforce this ordinance said officers are empowered to enter upon any private premises where they have reasonable cause to believe there is an unlicensed dog. Section 7. Notice of Impounding . Upon taking up and impounding any dog the poundmaster shall within _� .i��r thereafter post in three or more conspic- uous places in the Village a notice of impounding in substantially the following form: • -2- • NOTICE OF IMPOUNDING DOG Date go , 19 To Whom it May Concern: • I have this day taken up and impounded in the pound of the Village at , a dog answering the following description: Sex Color Breed Approximate Age Name of Owner Notice is hereby given that unless said dog is claimed and redeemed on or before o'clock . M. , on the day of 19 the same will be sold or killed as provided by ordinance. Signed Poundmaster If the owner of said dog be known, written notice of impounding, in lieu of posted notice, shall be given the owner thereof either by mail or personal service. The date of sale or killing of the dog shall be the day after the posting or giving of the notice unless that date falls on a Sunday or holiday, in which case it shall be the following day. Section 8. Redemption. Any dog may be redeemed from the pound by the owner within the time stated in the notice by the payment to the Clerk of the license fee for the current year with an impounding fee of $5.00 plus $2.00 for each day the dog is confined in the pound as the cost of feeding. • Section 9. Release. Upon the presentation of a correct license tag and a receipt for a dog license for the current year and for the fees provided in Section 8, the poundmaster shall release to any owner the dog claimed by him. -3- • Section 10. Duplicate Tags_ In case any dog tag is lost, a duplicate may be issued by the Clerk upon presentation of a receipt showing the payment of the license fee for the current year. A charge of 25 cents shall be made for each • such duplicate tag. Section 11. Disposition of Unclaimed Dogs. Any dog which is not claimed as provided in Section 8, within five days after impounding may be sold for not less than the amount provided in Section 8 to anyone desiring to purchase the dog is not requested by a licensed educational or scientific institution under Minnesota law. All sums received in excess of the costs and tax shall be held by the Clerk for the benefit of the owner and if not claimed in one year, such funds shall be placed in the general fund of the Village. Any dog which is not claimed by the . owner or sold shall be painlessly killed and buried by the poundmaster. Section 12. Establishment of Pound. The maintenance shop is hereby desig- nated as the Village pound. The Village police officers shall be poundmasters and shall attend to the maintenance of such pound, presenting a proper claim to the Council monthly for the necessary expenses which they may incur in so doing, which claim shall be audited by the Clerk and, if allowed by the Council, paid by the Treasurer. Section 13. Confinement of Dogs. No dog shall be allowed by its owner to run at large. The police officers of the Village shall take up and impound any dog found at large in violation of this provision, and shall deal with said dog in • accordance with the provisions of this ordinance. Section 14. Restrictions on Certain Dogs. No person shall keep or harbor a dog which habitually barks or cries between the hours of 10:00 P. M. and 6:00 A. M. , and the keeping of any such dog is hereby declared to be a public nuisance. No dog owner shall permit his dog to injure or damage person or property. Section 15. Interference with Officers. It shall be unlawful for any person to break open the pound or to attempt to do so, or to take or let out any dogs • therefrom, or to take or attempt to take from any officer any dog taken up by him in compliance with this ordinance or in any manner to interfere with or hinder such officer in the discharge of his duties under this ordinance. Section 16. Offenses Involving Tags. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for in Section 4 of this ordinance or take from any dog a tag legally placed upon it by its owner, or to place such tag upon another dog. Section 17. Tags Not Transferable. Dog tags are not transferable and no refunds shall be made on any dog license fee. Section 18. Muzzling Proclamation. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Council shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any dog running at large during the time fixed in the proclamation shall be killed by the police without notice to the owner. Section 19. Vaccination. No license shall be granted for a dog which has not been vaccinated against rabies as provided in this section during the 90 -day period preceding the making of an application for such license except that when a dog is first licensed for an entire year hereafter, the license may be issued if the dog has • been vaccinated within aeriod of six months p preceding the application for a license. Vaccination shall be performed only by a doctor of veterinary medicine -5- qualified to practice in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the Village shall complete a certificate of vaccination in triplicate. One copy shall be issued to the dog owner for Is affixing to the license application, one shall be sent to the Minnesota State Live Stock Sanitary Board, and one copy shall be retained in the veterinarian's files. Section 20. Kennel Defined. A kennel is any place where more than two dogs over six months of age are kept for any purposes. Section 21. Kennels. No person, form or corporation shall maintain in this Village a kennel where dogs are kept for sale without securing a license therefor from the Village Council. The license fee shall be $25.00 per year. This fee shall be in addition to the license fee prescribed in the preceding sections for each dog kept in such kennel. Section 22. Abandonment Prohibited. No person, firm or corporation shall abandon any dog or other animal within the Village. Section 23. Proceedings for Destruction of Certain Dogs. Upon sworn complaint to a Court of proper jurisdiction that any one of the following facts exist: (a) That any dog at any time has destroyed property or habitually tres- passes in a damaging manner on property of persons other than the owner; (b) That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; • (c) That any dog is vicious or shows vicious habits or molests pedes- trians or interferes with vehicles on the public streets or highways. No(d) That any dog is a public nuisance as hereinbefore defined; or that 0 (e) Any dog is running at large in violation of this chapter; the pre- siding officer of said Court shall issue a summons directed to the owner of said dog commanding him to appear before said Court to show cause why said dog • should not be seized and killed by any police officer, or otherwise disposed of in the manner authorized in this ordinance. Such summons shall be returnable not less than two nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the Court may either order the dog killed or order the owner or custodian to remove it from the Village, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order any police officer may impound or slay any dog described in such order. The provisions of this section are in addition to and supplemental to other provisions of this chapter. Costs of the proceedings specified by this section shall be assessed against the owner or custodian of the dog, if the facts in the complaint are found to be true, or to the complainant if the facts are found to be untrue. Section 24. State Statutes Adopted by Reference. The provisions of Minnesota Statutes, Sections 3 5. 67, 3 5.68 and 3 5. 69 are hereby adopted and incorporated herein by reference and made a part of this ordinance as if fully set forth herein. Section 25. Penalty. Any: person, firm or corporation violating any provision of this ordinance shall upon conviction thereof be guilty of a misdemeanor and • shall be punished by a fine of not more than $100.00, or imprisonment in the County Jail for not more than 90 days. Section 26. Repeal. Village Ordinance No. passed 19 .�"._s, and Township Ordinance No. 10 passed September 16, 1964, are hereby -7- A repealed. Section 27. Effective Date. This Ordinance shall be in full force and • effect from and after its passage and publication according to law. Passed by the Council this _ day of ,// , 19 • • MAYOR ATTEST: xl�Cl6rk Published in�/��>-Y-%.�=rte 5�r: on % 1968.