Loading...
Ordinance 024c0 • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 24-C AN ORDINANCE LICENSING AND REGULATING DOGS AND CATS, PROVIDING FOR IMPOUNDING DOGS AND CATS, AND PRESCRIBING A PENALTY FOR VIOLATION. THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. DEFINITIONS. For the purpose of this ordinance, certain terms and words are defined as follows: 1. "Animal" means any dog or cat. 2. "Owner" means any person, firm, or corporation who shall own, harbor or keep or have custody of an animal, or the parents ok guardians of a person under 18 years of age who shall own, harbor, keep or have custody of an animal. 3. "At large" means off the premises of the owner and not under restraint. The term "under restraint" shall mean under control by means of a leash not exceeding six feet in length, or within the property of the owner's premises. 4. "Sterilized" means neutered in the case of male animals, or spayed in the case of female animals. SECTION 2. LICENSE REQUIRED. No animal owner shall keep any animal within the City after the first day of May, 1976, unless a license therefor has been first secured. Licenses shall be issued by the City Clerk for an annual fee Of $3.00 for each sterilized dog and $5.00 for each unsterilized dog; $0.75 for each sterilized cat and $1.50 for each unsterilized cat. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the animal to be licensed • has been given a vaccination against rabies as required by Section 18. The applicant for a license for a sterilized animal shall present a statement from a qualified veterinarian indicating that the animal has been sterilized. Licenses shall expire on the 30th day of April next following their issuance. SECTION 3. DATE CF PAYMENT It shall be the duty of each owner of an animal to pay the license fee imposed in Section 2 to the City Clerk duly on or before the first day of May in each year, or upon acquiring ownership or possession of any unlicensed animal or upon establishing residence in the City. The City Clerk • shall cause a notice of the necessity of paying such license fee to be printed in the official City newspaper on one occasion before the first day of May in each year. Animals not licensed in accordance with this section shall pay a late fee of $2.00 per animal, except if the animal has been im- p ounded and not licensed, in which case Section 7 shall govern. SECTION 4. RECEIPTS AND ANIMAL TAGS. Upon the payment of the license fee, the owner of said licensed animal shall be furnished a receipt therefor, together with a suitable tag. The owner shall cause said tag to be affixed by a permanent fastening to the collar of the animal so licensed in such a manner that the tag may easily be seen by the officers of the City. The owner shall see that the tag is constantly worn by such animal. SECTION 5. IMPOUNDING. Upon the taking effect of this ordinance and on and after the first day of May of each year hereafter, the police and animal control officers of the City are authorized to take up and impound any animal found at large in the City and any unlicensed animal; 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 animal. SECTION 6. NOTICE OF IMPOUNDING. Upon taking up and impounding any animal, the animal control officer may within 24 hours thereafter post in one or more conspicuous places in the City, a Notice of Impounding in substantially the following form: -2- 0 • 0 NOTICE OF IMPOUNDING OF ANIMAL TO WHOM IT MAY CONCERN: • , 19 I have this day taken up and impounded in City Pound at an animal answering the following description: Dog Cat Sex Color Breed Approximate Age Name of Owner (if known) Notice is hereby given that unless said animal is claimed and 31 redeemed on or before o'clock .M., on the day of , 19 , the same will be sold, killed, or otherwise disposed of as provided by ordinance. • • Animal Control Officer If the owner of said animal 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 other disposition of the animal shall be five days after the posting or giving of the notice. mm 0 SECTION 7. REDEMPTION. C: 0 Any animal may be redeemed from the City Pound by the owner within the time stated in the notice by the payment to the City Clerk of an impounding fee of $15.00 , plus $5.00 for each day the animal is confined in the pound, together with any unpaid. license fee for the current year. In the case of unlicensed impounded animals, Section 2 of the ordinance notwithstanding, the annual license fee shall be $10.00 for sterilized or unsterilized dogs and $3.00 for sterilized or unsterilized cats. SECTION 8. RELEASE. Upon the presentation of a correct license tag and a receipt for an animal license for the current year and for the fees provided in Section 7, the animal control officer shall release to any owner the animal claimed by him. SECTICU 9. DUPLICATE ANIMAL TAGS. In case any animal tag is lost, a duplicate may be issued by the City Clerk upon presentation of a receipt showing the payment of the license fee for the current year. A charge of $0.50 shall be made for each such duplicate tag. SECTION 10. DISPOSITION OF UNCLAIMED ANIMALS. Any animal which is not claimed as provided in Section 7, within five days after impounding, may be sold for not less than the amount provided in Section 7 to anyone desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall be painlessly disposed of and buried by the animal control officer. Whenever any licensed educa- tional or scientific institution shall request, pursuant to Minnesota Law, any impounded animal for research purposes, any such impounded animal remaining unclaimed for five days after impounding shall be surrendered to such institution. we • SECTION 11. ESTABLISHMENT OF CITY POUND. The City may construct and maintain an animal pound, or the • Council may designate as the animal pound a suitable kennel either within or without of the City limits. The animal control officer shall keep accounts of all animals impounded at the City Pound and their disposition, and shall turn over such accounts to the City Clerk upon request. SECTION 12. CONFINEMENT OF ANIMALS. ri U • No animal shall be allowed by its owner to run at large. The police or animal control officers of the City shall take up and impound any animal found at large in violation of this provision, and shall deal with said animal in accordance with the provisions of this ordinance. SECTION 13. ANIMAL NUISANCES. The owner or custodian of any animal shall prevent the animal from committing in the City any act which constitutes a nuisance. It is a nuisance for any animal to habitually or frequently bark or cry, to frequent school grounds, play grounds, playing fields, parks, or public beaches, to chase vehicles, to molest or annoy any person away from the property of his owner or custodian, or to damage, defile, or destroy public or private property. Failure of the owner or custodian of an animal to prevent the animal from committing such a nuisance is a violation of this ordinance. SECTION 14. 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 animal therefrom, or to take or attempt to take from any officer any animal 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. -5- 00 0 • SECTION 15. OFFENSES INVOLVING ANIMAL 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 animal a tag legally placed upon it by its owner, or to place such tag upon another animal. • SECTION 16. ANIMAL TAGS NOT TRANSFERABLE AND FEE NOT REFUNDABLE. Animal tags shall not be transferable from one animal to another, and no refund shall be made of any animal license fee because of death of the animal, or because of the leaving the City by the owner prior to expiration of the license. SECTION 17. MUZZLING PROCLAMATION. Whenever the prevalance of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a pro- clamation ordering every person owning or keeping an animal to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any animal running at large during the time fixed in the proclamation shall be killed by the police or animal control officers without notice to the owner. SECTION 18. RABIES VACCINATION. After the effective date of this ordinance, no license shall be granted for any dog which does not have a valid vaccination against rabies for the calendar year in which the license is to be issued. After February 1, 1977, no license shall be granted for any cat which does not have a valid vaccination against rabies for the calendar year in which the license is to be issued. A valid vaccination shall be deemed to be one year for cats, one year for dogs vaccinated with a modified live vaccine; except that the period of immunity may be extended to no more than 36 months for dogs vaccinated with a modified live vaccine, upon written certification by a licensed veterinarian in the State of Minnesota stating that the immunity is in excess of the periods herein stated. The veterinarian shall state on the certificate of vaccination the type of vaccine used. If not stated, it shall be assumed a killed viral vaccine. Vaccinations shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the animal is vaccinated. A veterinarian who vaccinates an animal to be licensed in the City shall complete a certificate of vaccination in triplicate. One copy shall be issued to the animal owner for affixing to the license application, and one • copy shall be retained in the veterinarian's file. • W -M • SECTION 19. KENNEL DEFINED. A private kennel is any place where more than two (2) animals over six months of age are kept or harbored, such animals being owned by the owner or lessee of the premises wherein or whereupon the animals • are kept or harbored. A commercial kennel is any place where a person, firm, or corporation accepts animals from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. SECTION 20. KENNELS. 20.01. Kennel License. No person, firm, or corporation shall maintain in this City a private or commercial kennel without securing a license therefor from the City Council, and the fee for such kennel license shall be $25.00 per year. Sections 19 and 20 of this ordinance notwithstanding, no license shall be required for a private kennel consisting of cats, if said kennel is located on a tract or parcel of land being used for agriculture as that term is defined in the Chanhassen Zoning Ordinance, and if said cats w e kept for rodent control purposes incident to the agricultural use of said tract or parcel of land. 20.02. Renewal of Kennel License. Kennel licenses shall expire on the 30th day of April next following their issuance. Upon application for renewal of a Kennel license, an authorized city employee shall inspect the kennel of the applicant. Said employee shall submit to the City Clerk either an affirmative certification that said kennel is maintained in a neat, orderly, and safe condition, or a negative certification that said kennel is not so maintained. The City Clerk may issue a renewal kennel license provided that: a) The aforementioned certificate is affirmative; and b) No complaints have been received by the City. In all other cases, the kennel license shall be renewed only upon City Council approval. 20.03. Kennels Restricted to Certain Districts. Commercial kennels shall only be allowed in those districts as authorized within the Chanhassen Zoning Ordinance and subject to the conditions • set forth therein. • SECTION 21. ABANDONMENT PROHIBITED. No person, firm, or corporation shall abandon any animal within the City. -7- SECTION 22. PROCEEDINGS FOR DESTRUCTION OF CERTAIN ANIMALS. is Upon sworn complaint to a court of proper jurisdiction that any one of the following facts exist: a) That any animal at any time has destroyed property or habitually trespasses in a damaging manner on property of • persons other than the owner; b) That any animal at any time has attacked or bitten a person outside the owner's or custodian's premises; • 0 c) That any animal is vicious or shows vicious habits orrmlests pedestrians or interferes with vehicles on the public right-of-way or highways; d) That any animal is a nuisance as hereinbefore defined; or e) That any animal is running at large in violation of this chapter. Said court may issue a summons directed to the owner or custodian of said animal commanding him to appear before said court to show cause why said animal should not be seized and destroyed by any police or animal control officer, or otherwise disposed of in the manner authorized in t1i s ordinance. Such summons shall be returnable not less than two nor more than six days from the date of service thereof and shall be served at least two days before the time of the appearance mentioned therein. Upon hearing and finding the facts true as complained of, the court may eitlhe r order the animal destroyed or order the owner or custodian to remove it from the City, 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 or animal control officer may impound or destroy any animal described insuch 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 animal if the facts in the complaint are found to be true, or to the complainant if the facts are found to be untrue. ME SECTION 24. ANIMAL BITES. Any police or animal control officer of the City may enter upon • the private property of any person in pursuit of any animal under probable cause to believe that such animal has bitten a person or animal, or that such animal is rabid. SECTION 25. IMPLIED CONSENT. Any person who shall be an animal owner in the City hereby grants an implied consent for entry upon his premises, without express consent, to the animal control officer or police officer, for the purposes of enforcing the provisions of this ordinance. SECTION 26. DESTRUCTION. Except as expressly authorized by statute, it shd 1 be unlawful for any person other than an officer or agent of the City, acting pursuant to this ordinance, to destroy any animal which has bitten any person or animal • unless such animal has been determined to be or is rabid. -9- • SECTION 23. DEPUTY ANIMAL LICENSING CLERKS. The City Council may from time to time by resolution, designate and appoint deputy animal licensing clerks, who upon receipt of the fee, shall furnish to the owner of any animal, a license tag as approved by ordinance. Such deputy animal licensing clerks shall not be authorized, • however, to accept payment for any fine, impoundment charge , per diem impoundment charge, or kennel license fee, or other penalty or charge established by this ordinance. All license fees collected by any such deputy animal licensing clerk shall be remitted monthly to the City Clerk. The Council may establish by resolution, from time to time, an amount to be retained by said deputy animal licensing clerk as a service charge for services performed. The authority and duties of deputy animal licensing clerks may be terminated by the City Council at any time, with or without notice and with or without cause. Prior to the appointment of any deputy animal licensing clerk, the Council may stipulate such crndition and restriction upon the appointment and the performance of the appointees' duties as the City Council may deem necessary for the protection of the public interest and to secure compliance with the requirements and standards of this ordinance. SECTION 24. ANIMAL BITES. Any police or animal control officer of the City may enter upon • the private property of any person in pursuit of any animal under probable cause to believe that such animal has bitten a person or animal, or that such animal is rabid. SECTION 25. IMPLIED CONSENT. Any person who shall be an animal owner in the City hereby grants an implied consent for entry upon his premises, without express consent, to the animal control officer or police officer, for the purposes of enforcing the provisions of this ordinance. SECTION 26. DESTRUCTION. Except as expressly authorized by statute, it shd 1 be unlawful for any person other than an officer or agent of the City, acting pursuant to this ordinance, to destroy any animal which has bitten any person or animal • unless such animal has been determined to be or is rabid. -9- • • SECTION 2 7 . BITING ANIMALS. 27.01 Animal Bites Human Being: Impoundment by Owner. Section 26 notwithstanding, whenever any person owning, possessing or harboring any animal within the corporate limits of the City shall learn that such animal has bitten any human being, such pe rson shall immediately impound such animal for a period of ten (10) days separate and apart from other animals under tPe supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. If the animal is found to be rabid, it shall be destroyed. 1. Notice to City: The owner shall notify the City Police and animal control officer of such impoundment. 2. Impoundment by City: If the owner cannot be advised of the animal bite within the two hours following the occurrence, or if the owner fails to impound the animal as required by this section, the City police or animal control officers shall cause such animal to be so impounded. If the animal is fcu nd to be rabid, it shall be destroyed. If it is found not to be rabid, it shall be returned to the owner provided the owner shall first pay for the cost of keeping said animal. If the owner does not pay such cost within five days after he has been notified to . claim or retrieve his animal, the animal may be disposed of as provided in this ordinance. 27.02. Animal Bites Animal: Impoundment. Any animal known to have been bitten or exposed to rabies shall be impounded and destroyed, provided, however, that such animal may be immediately destroyed, if with reasonable effort it cannot first be taken up and impounded. If such an animal is impounded, it shall not be destroyed if the owner makes provision for suitable quarantine for a period of not less than six months, or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner. SECTION 28. STATE STATUTES ADOPTED BY REFERENCE. The provisions of Minnesota Statutes, Sections 34.67, 34.68, 34.69 and 34.71 are hereby adopted and incorporated herein by reference and made a part of this ordinance as if fully set forth herein. • SECTION 29. PENALTY. Any person, firm or corporation violating any provision of this ordinance shall upon conviction thereof, be guilty d a misdemeanor and shall be punished by a fine of not more than $300.00, or imprisonment in the County Jail for not more than 90 days. -10- 0 • 00 9 SECTION 30. SEVERABILITY. If any Court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgement shall not affect any other provision of this ordinance not specifically in- cluded in said judgment. SECTION 31. REPEAL. Village Ordinances No. 24, 24A and 24B passed on March 4, 1968, April 29, 1968 and July 14, 1969 respectively, are hereby repealed. SECTION 32. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council this 12th day of July, 1976. r MAYOR ATTES CLERK -ADMINISTRATOR Published in the Carver County Herald on the 22nd day of July, 1976. -11-