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Ordinance No. 0798 02-06-1984t�R � 1�1��1 , ORDINANCE N0. 798 AN ORDINANCE RECUDIFYING THE FRIDLEY CITY OODE BY ADOPTII� A NF]W (IIAPTER 101 II�TPITLID "ANIMAL CONTROL" ADID REPEALING OLD CHAPTIIZ 301 FRTPITLID "LIVESPOCR CODTl'ROL"� OLD CHAPTER 302 ENTITLED "ANIMAL CONTROL", AND OLD CflAPTER 303 II�IPITLID "WII,D ANIMALS P,DID BIRDS" IN 7fIEIR EDFPIRETY 7.%IE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLI�OV75: 101.01 DEFIISITI�]S The follaaing definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follaas: 1. Animal. Ebery living creature except the hurnan race. 2. Animal Control Officer. Any individual clesignated by t.he City to enforce the provisions of this Chapter, including all City police officers. 3. Animal Shelter. 11ny premises designated by the City £or the purpose of imgounding and caring for anunals held under the authority of this Chapter. The facility may be owned by the Citp or may be a contracte�3 shelter � service. 4. Animal Taq. A tag provided to individuals who are issued a pexmit to maintain an animal. 5. Birds. Any of the class of warnrblooded vertebrates distinguishecl by having the body more or less covered with feathers and the forelimbs modified as wings. 6. Cat. Any animal of the feline species. 7. Cruelty ox Torture. Ebery act, omission or neglect wherehy unnecessary or un�ustifiable p3in, suffering or death shall be caused or permitted. 8. Dog. Any animal of the canine species. 9. Kennel. Any place where three (3) or more dogs or three (3) or more cats or any combination of three (3) or more dogs and cats are kept on the �same prenises. A fresh litter of pups or kittens nay be kept for a pexiod of six (6) months before being considered in the determination of whether or not a kennel exists. 101-1 � 10. Livestock. Horses, cattle, goats, tabbits, sheep, swine, fawl, and other animals used for utility. 11. Permit. The authority to keep an animal within the City of Fridley. 12. Pet Shop. Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species. 13. Rodents. A destructive or nuisance animal including such animals as rats, mice, moles, voles and other wild anim�ls which are c3angerous to the welfare of the public. 14, Veterinary Hospital, Pny establishment maintained and operated by a licensed veterinarian for the diagnosis, care and treatment of diseases and injuries of animals, 15. Wild Animals. All living creatures, not h�m�n, wild by nature. 101.02. WILD ANIMALS ADID BII2DS ' It shall be unlawful for any person to hunt, take, shoot, trap, kill, injure or attenpt to in�ure any wild animal or bird F�ithin the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. This prohibition, however, shall. not prevent property owners or their agents from eradicating rodents on their property through the use of traps, poisons or other such lawful means. 101.03. LIVFSi17CK CONTROL 1. License Requirenent. No person shall engage in the keep�.ng, raising, feeding or cariny for livestock within the City limits of Fridley without first having obtained a license to do so. 2. License Procedure. A. A license to keep livestock shall be gxanted only after written application, signed by the applicant, is £iled with the City. The application shall state the applicant's full name and address, and contain the nimiber and species of the livestock to be kept and a scaled site plan of the premises showing the ad�oining property and fence lines. B. The Council, in considering whether a livestock license should be granted, shall review the application and site plan to � consi�ler the nature of the livestock, the possible effect on ad�oining properties, housing facilities, sanitation control and the effect on the general health, safety and welfare of the public. �� 101.03 WILD ANIP7ALS AND BIRAS I . �M �� � 101-2 � � C. Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or swine shall provide no less than one (1) acre of open, �used land for each animal. 3. License Fee. The annual license fee and e�iration date for a livestock license shall be as provided in Chapter 11 of this Code. 4. b'fanure Removal. Persons who keep animals within the City shall not allow any odors which are offensive to the people inhabiting the City such that they constitute a nuisance as defined in Chapter 110, entitled "PUblic Nuisance", of the City Code. Organic rnatter shall not be allaaed to acctunulate for more than one (1) week at a time. However, organic matter shall be renoved more often than one (1) time per week if it is necessary to eliminate any odors that constitute a nuisance. 5. I3ousing. Proper housing in the form of barns, coops or hutches shall be provided in any area where livestock are permitted to roam. Such housing shall be adequately fencecd to insure that the livestock x�nain on the aaner's prenises. When livestock are kept in an area that abuts or ad�oins a resiaential area on which d�aellings are erected, there shall be a strip of land at least thirty (30) feet wide between such abutting property and the area on which the livestock are kept. 6. Inspection. Any authorized Animal Control Officer of the City shall, at any reasonable time, be permitted upon the prenises where livestock are kept for the purpose of making an inspection to determine compliance with this Chapter. 101.04. 11IVIMAL NOISANCE For the purpose of this Chapter, an animal nuisance shall exist under any of the follaving conditions: 1. The animal is not confined to the owner's or custodian's property by adequate fencing or leashing. 2. The animal is off the prenises of the aaner or custodian and is not undex the control of the aaner or custodian by a leash. Such leash shall not exceed eight (8) feet in length. This provision is not applicable when an animal is in a motor vehicle. 3. The animal commits damage to the person or property of anyone other than the owner, or creates a nuisance, as defined in this Chapter or in Chapter 110, entitled "Public Nuisance", of the City Code, upon the property of one other than the aaner. This provision is not applicable when the animal. is actinq in defense of the owner, the owner's family or the aaner's property. �4. A female animal is in heat and off the premises of the owner, unless confined while being transported to or from the premises of the owner. This provision is applicable when a female an�.mal is in ANIMAL NUISANCE �,� e� 101.04 101-3 � C_�I � heat and is on the premises of the owner, but is not kept in a building or secure enclosure where it cannot be in contact with other males of its kind, except for planned breeding. 5. The animal barks, howls, cries or yelps so as to unnecessarily disturb or annoy any person or persons in the vicinity thereof, or othenaise emits a sound that constitutes a nuisznce as c7efined in Chapter 110, entitled "Public Nuisance", of the City Cale. 6. The animal chases vehicles or otherwise interferes with pedestrians, automobiles, bicycles, motorcycles, motor bikes or snaamobiles on public streets, alleys, properties or highways. 7. Where required, the animal has not been vaccinated aqainst rabies within the preceding two (2) years. 8. Three (3) or more dogs or three (3) or more cats, ar any combination of three (3) or more dogs and cats at least six (6) months of age are kept on the same pr�nises, unless a kennel license is obtained in the appropriate zone for that use and the requirenents of Section 101.15 are complied witk�, 9. Any person eighteen (18) years of age or older or the �rents or quardi.ans of any person undex eighteen (18) years of age vaho owns, harbors or keeps a dog, allaas such dog to run at larye in the City. The age of such dog is irrelevant. 10. Any person having the custaly or control of any anamal c�oes not clean up feces of the animal and dispose of such feces in a sanitary n�anner. 11. Any person having the custody or control of any animal allows such animal to defecate on the private property of anyone other tha�1 the a�mei. 12. When on a�rk or public land, any person having the custody or control of any animal does not imnediately ranove any feces left by such animal and dispose of such feces in a sanitary manner or does not have in possession a device or equiiznent for the �iicking up and renoval of animal feces. The provisions of this Section shall not apply to a guide dog accompanying a blind person or rescue activities. 101.05. DOG RDGISTRATION 1. Permlt. A. No person shall own, keep or harbor any dog over the age of six (6) months with�.n the City unless a yearly permit has been secured. Permit certificates shall be issued by the City upon proof of rabies vaccination within the preceding two (2) years. If at the time of initial registration, a dog is due to be vaccinated within the next six months, a nev� vaccination would be required before a permit is issued. Issuance of new permits for the license year shall commence as set forth in Chapter 11 of this Code. In April of each year, the City may publish notice in the official news�per of the need to �y such permit registration fee. (� i � 101.05 DOG RDGISTRATION 101-4 � B. The applicant for permit must sign and agree that he or she is prepared to comply with regulations established by the City. It shall be the duty of each person owning, keepinq or harboring a dog to pay the permit fee established by the City on or before the first day of the permit year, or upon establishing residence in the City. Upon p3yment of the permit fee, the City shall execute a receigt in duplicate, the original of which shall be delivered to the person who pays the fee and the duplicate retained in the City records. As a minim�un, the receipt shall describe the dog as to breed, age, color, owner and owner's address. � � C. No permit shall be required of any humane society, veterinary hospital or laboratory. 2. Tag. A. In addition to the permit, a tag, the shape or color of which shall be different for each registration year, shall be issued by the City. The ownex shall affix the tag, by a permanent metal fastener, to the collar or harness of the registered dog in such a manner so that the tag may be seen. The amer shall see to it that the tag is constantly worn by the dog. In case any tag is lost, a duplicate may be issued by the City upon representation of a receipt showing the �yment of the permit fee for the current year. A charge, as provided by Chapter 11 of this Code, shall be made for each duplicate tag. B. It shall be unlawful to counterfeit or attempt to counterfeit a dog tag or ranove a valid tag for any purpose. C. Doq tags shall not be transfera6le and no refunds shall be made on a permit fee because of leaving the City or death of the doq. 101.06. REVOCATION 1. An animal permit may be revoked if: A. The person holding the permit refuses or fails to comply with the provisions of this Chapter, any other rec�ulations promulgated by the City or any state or local law governing cruelty to animals or the keeping of anim3ls. B. An owner fails to provide the animal with necessary food, water, shelter, veterinary care and h�ze care and treatrnent. C. An owner overdrives, overloads, overworks, tortures, ill treats, torments, neglects, or unjustifiably in�uxes, maims, mutilates, or cruelly works an animal when unfit for labor, or othexwise abuses any animal. D. An owner causes or permits any dog fight, cock fiyht, bull fight or other combat between animals or between animals and htunans. E. An owner violates the terms of this Chapter three (3) times within one (1) permit year. 2. Any person whose pexmit is revoked shall, within fifteen (15) :��_• •� �� 101.06 101-5 � days, remove such animal(s) peL�uanently.from the City or humanely dispose of the anima].(s) cited in the violation as bei.ng owned, kept or harbored by such person and no part of the permit £ee shall be refunded, In addition, the owner may be liable to court action under this Code, State Statutes and local laws for any of the actions cited above. � � 3. If a permit is revoked, no new permit may be issued for a period of one (1) year from date the permit is revoked. 101.D7. F�IFPIOf1S Section 101.05 of this Chapter requiring a permit and tag shall not apply to nonresidents of the City who are keeping only domestic pets, provided that the animals of such owners shall be kept in the City no longer than thirty (30) days and the animal.s are kept under restraint. All other provisions of this Chapter shall apply to nonresidents and their pets. 101.08. FEFS The annual permit fee and expiration date shall be as provided in Chapter 11 of this Code. Neutered or s�yed animals shall qualify for a reduced perma.t fee as provided in Chapter 11 of this Code. 101.09 . II�IPOUPIDING 1. Generally. 2. A. The Anima7. Contxol Off icer shall take up ancx impound any animals requiring permits or tags found in the City without the tags; or any animal.s which are in violation of any of the other provisions of this Chapter. Animals shall be impoundeG in an animal shelter and confined in a humane manner. Impounded animals shall be kept for not less than five (5) days, including Sundays and Holidays, tu�less reclaimed by their a�,mers, B. If an anima] is found at large and the o�mer or custodian can be identified, the Animal Control dfficer rnay proceed against the owner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private prenises by warrant or as othexwise provided by law when such officer is in reasonable pursuit of his or her duties. D. Upon taking and impounding any animal as provided in this Chapter, the Animal Control Officer shall inQnediately notify the owner, if known, and the City Police Department. The Animal Control Officer and Police Department shall maintain a reccrd of animals so impounded. Claiming an Impounded Animal. A. In the instance of animals for which the aaner does not have a required permit or tag, the Animal Control Officer shall r.ot return such anima]. to the aaner until a permit and tag have been purchased from the City or from the Animal Control Officer. The Anima]. Control Officer shall ranit to the City the s�nn paid for �� 101.09 EXII�4FPIONS FEES INIIaOUt�IDING 101-6 C .J � � the permit and/or tag and furnish the City with all necessary information pertaining to said purchase including a copy of any permit certificate issued in connection therewith. B. The owner of the impounded animal shall pay the Animal Control Officer an impounding fee. The Animal Control Officer shall turn over to the City any impounding fees received, The City shall place such fees in the General Fimd of the City. C. If a rak�ies vaccination is required and the owner cannot produce proof that the animal has had a rabies vaccination within the preceding two (2) years, the Animal Control Officer shall ensure that such dog or other animal is vaccinated ior rabies as a condition of release to the owner. The animal's owner shall �y to the Animal Control Officer the cost of the inanunization. D, The owner of the impounded animal shall also �zy the Animal Control the cost of feed and care for each day the animal is impounded in the animal shelter. 3. Unclaimed Impounded Animals. Any animal which is not claimed within five (5) days after having been impounded, �.ncluding Sundays or Holidays, may be requested and claimed by a licensed educational or scientific instituticn under NLinnesota Statutes Section 35.71. 7f not so requested and claimed, the anim-�7. may be sold for not less than the amount of the total charges accrued against the animal in accordance with the provisions of this Chapter. All simis received by the Animal Control Off icer, except the cost of feed and care and any vaccinations or immtmizations aclninistered to the animal, shall be remitted to the City and placed into the General Fund of the City. 11ny animal vrhich is not claimed by the owner, a licenseca educational or scientific institution or sold, shall be painlessly put to death and properly disposed of by the Animal Control Officer. The time of sale or other disposition of the anima7. shall be at least 120 hours after notice has been given to the animal's owner by the Animai Control Officer. The provisions of notification to the aanex do not apply when the awner caruiot be reasonably ascertained. 101.10. ANIh7AL BITES, QUARANPINE 1. Any person bitten or knowing of a human being who has been bitten by a dog, cat, racoon, skunk or other s�ecies susceptible to rabies shall i�nediately notify the Animal Control Officer or Police Departrnent. Whenever such an animal has birten any person, the owner or custodian of the animal, after being so notified by the Animal Control Officer or the Police Departrnent, shall immediately cause said animal to be quarantined at the City oi Fridley contract animal shelter or at a licensed vetexinary hospital or kennel for a pexiod of fourteen (14) days after such person has been bitten. During the quarantine period, said animal shall be kept under observation to determine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall urnnediately report in writing to the Police Department and the Fridley Animal Control Officer the condition of the arimal. The �� ioi.io ANIMAL BITES� QUARPdVTII�E 101-7 , � Animal Control Officer sha11 then take necessary steps to determine if the animal is suffering from rabies. 2. During the quarantine period the animal shall not be renoved from the designated quarantine facility except by special written permission from the HIinnesota Livestock Sanitary Roard and the Fridley Animal Control Officer. The owner of an animal shall be responsible for the cost of quarantine. 3. The quarantine required by this Section shall not be necessary and the requiranents shall be waived if the custodian or owner of the animal, immediately upon notification that his or her animal has bitten saneone, ptesents to the Animal Contxol Officex or Police Department, the certificate of an authorized veterinarian that the anima7. was vaccinated for rabies on a date not less than two (2) years prior to the date of the biting. Such animal so exempt shall be quarantined on the prenises of the aaner, under strict control, for a period of fourteen (14) days for the purpose of observation for symptans of disease. The Animal Control Officer is authorized to coriduct a mid-term and terminal examination of the animal. 4. It shall be unlawful for any person, other than an Animal Control Officer, to kill or destroy any animal fcund running at large in the City. No Animal Control Officer or other �:erson shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quararatine and the dia�osis of rabies made. 101.11. VICIOUS ANIMALS No person shall keep or allaa to I�e kept in the City any animal of a vicious character, habit or disposition or any animal wild by nature. Atty dog or other animal may be deemed to be vicious upon the occurrence of two (2) or more biting incidents within 365 calendar days, Upon conviction for the violation of thi� Se�tion, the Court may in addition to imposition of sentence, direct the Anima7. Control Officer to take the animal in questicn into custody and forthwith dispose of it in a himw�ie manner. 101.12. ODMPI�AINJ.'S Any person complaining to the Police Department that an animal is allegedly running at large or othexwise constituting a danger or nuisance shall identify h�mself or herself upon rec�uest and shall make every reasonable attempt to assist the authorities in identifying the anima]. and its owner or custodian. 101.13. MUZZLING bVhenever the prevalence of hydrophobia renders such action necessary to protect the public health, safety and welfare the Aiayor shall issue a proclamation ordering every person owning or keeping an 1 anim21 susceptible to rabies confined securely on their premises unless it is muzzled so that it cannot bite. No person shall violate the proclamation, and any urunuzzled animal running at large VICIOUS ANrrvtar G �.�,UY� � FIIIZZLING : �} �_. 101.13 �[�lQ:l � � during the time fi�:ed in the proclamation shall be immediately put to death by the 1lnimal Control Officer without notice to the awner. 101.14. x�:rs 1. License Requixenent. No person shall keep or maintain a kennel in obtaining a kennel license consistent with the of this Code. 2. License Appllcation. the City except upon zoning requa.rements Application for a kennel license shall be made on forms provided 6y the City. Such application shall contain the follaaing information: A. Location, on the prenises, of the kennel. B. Location of structures for housing the dogs and/or cats. If the dogs and/or cats axe to be kept primarily within the home ox other building of the residence of the applicant or of any other person, the application shall so state. C. The maximtun nLUnber of dogs, cats or any corribination thereof, to be kept on the pranises. D. The distance of any run areas or housing far doqs and/or cats from any building structures suitable for hiunan habitation, or a public place where food is bought, stored or eaten. This distance shall be a minimtun of 200 feet. E. The pranises for any keeping of dogs and/or cats shall be fenced and a simple plan sl�aaing the location of fencing shall be furnished. The fencing must be of such quality and design so that it will contain the dogs and/or cats. F. Method to be used in keeping the premises in a sanitary condition. G. Method to be used in keeping the dogs and/or cats quiet. H. An agreement by the applicant that the premises may be inspected by the City at all reasonable tim�s. 3. Issuance of License. The City shall have discretion in cletermining whether ox not to issue a license. In making such determination, the City shall take into consideration the adequacy of the housiny, the runs for the animal.s, the method used for sanitataon, the method used to keep tkie animals quiet, the facilities fox containing the animals and with �rticularity, any violations during the previous license period. 4. Y.ennel License Fee. The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. '5. License Revocation. If a license is granted and the applicant thereafter fails to comply with the statgnents made in the application or any other conditions reasonably imposed, or violates any other provisions of this �ii� �� 101.14 101-� � Chapter, the licensee shall be notified by mail and qiven ten (10) c7ays to ranedy any defects or defaults. If such conclition is not renedied in ten (10) days, a hear�ng shall be held at least ten (10) days after mailed notice to the licensee. The licensee and all other interested parties shall have the opportunity to be heard. If it shall appear that said kennel is not being pro�erly maintained, the City may revoke the kennel license and the keeping of three (3) or more dogs, three (3) or more cats, or any combination of three (3) or more dogs and cats shall be inanediately discontinued. 101.15. ANIMAL CONPR�, OFFICIIt 1. Appointrnent. The City may appoint such person, persons or firm �s the City may deem necessary and advisable as Animal Control Officer. Such appointees shall work under the supervision of the Fri�ley Police Departrnent and shall be responsible for the enforcement o£ this Chapter. 2. Duties. Ammal Control Officers are authorized to enforce the provisions of this Chapter and other related ordinances, Chagters and statutes pertaining to animal control, including the issuance of citations. 3. Unlawful Acts. � It shall be unlawful for any unauthorized person to break into an animal. shelter, or attempt to do so, or to take or set free any animal taken by the Animal Control Officer in the enPorcement of this Chapter, or in any way interfere with, hinder or molest such Officer in the discharge of his or her duty under this Chapter. � 101.16. GOARD DOGS 1. Businesses located within the City and maintaining a guard dog for security purposes shall post notice at the entrance to the prenises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with tkre City a release authorizing the police or fire departments to shoot saic� dog in en emergency situation, if necessary, in order to allpw the police or fire fighters to gain ac3nittance to the premises in the perfoxmance of their duties. 101.17. SEEIN� EYE DOGS Whenever a blind person accom�nied by a"seeing eye" or guide dog presents himself/herself for accommodation or service on any pulalic transit vehicle ox to any xestaurant, store or other place of business open to the public, it shall be unlawful for the owner, manager, operator or any employee of such vehicle or place of business to refuse admission to the dog ot service to the blind person. � Fi ioi.l� ANIMAL WDfl'ROL OFFI(:ER ri �17� �• SEEING EYE DOGS 101-10 � 101.18. CRI]II,TY TO ANTMAT G Minnesota Statutes Sections 346.20 through 346.34 are hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full. 101.19. RELATION 7� diHER LAW The prohibitions contained in this Chapter shall be in addition to any State or Federal law regarding the same or related sub�ects. 101.20. PENAi,TIES Any violation of this Chapter is a misdemeanor ared is sub�ect to all penalties provided for such violation under the provisions of Chapter 901 of this Code. PASSID ADID ADOPTID BY ZiiE CITY CO[JNCIL OF 7iiE CITY OF FRIDLEY THIS 62i3 DAY OF FE�BRUARY, 1984. ��� ^�' `� ` � WILLIAM J. DTE - CSAYOR � ATPFST: 1���� SIDNEY , INh1AN - CITY CLERK First Reading: Second Reading: Publish: � January 23, 1984 Februaxy 6, 1984 Februaxy 15, 1984 �� a 101.20 C;RUEI,TY 'PO ANIMALS RELATION TO 0'ifiFlt LAUl PED7ALTIES 101-11 ' � � Page 12 — Ordinance No. 798 E}�iIBIT I OFFICIAL TI7�,E PSID SUMMARY ORDINANCE NO. 798 I. TIZi,E AN ORDINANCE REdODIFYING ZIIE FRIDLEY CI7.'i' CODE BY ADOPTING A NLW CHAPTER 101 ENTI7i,ID "ANIMAL �NiROi,", AND REPEALING OLD CI3APPII2 301 ENTITLED "LIVESTOCK CONPROL", OLD CHAPTER 302 ENTITLED "ANIMAL CONTROL", AND OLD CHAPTER 303 ENTITLID "WILD ANIMALS AND BIE2DS" IN ZfIEIR ENT7RETY II. SUMMARY THE CITY COLINCIL OF Zi3E CITY OF FRIDLEY� MINNE.SOTA, DOES ORId�IN AS FOLL�OWS: That the follaaing s�ry shall clearly inform the public of the intent and effect of changes to the Chapter and shall be published in the official news�per of the City. A. PpgppSE The purpose of this Chapter is to condense old Chapters 301, 302 and 303 into Chapter 101 to clarify the provisions for all animals and birds in the City of Fridley. B. ANIMAL NUISANCE F� provision has been added requiring any person controlling an anima7. in a park or on public land to pos�ss a device for cleaning up after the animal and to do so in a sanitary manner. III. NOTICE This Title and SuRU�ry has been published to clearly inform the public of the intent and effect of the City of Fridley's Anim�i Control Chapter. A copy of the Oxdinance in its entirety is available for inspection by any pexson during regular office hours at the office of the City Clerk and at the Anoka County Library. {�, � �t� ' � � � � Page 13 — Ordinance No. 798 PASSID AND P.DOPTID BY 7fIB CITY COi7NCIL OF THE CITY OF FRIDLEY THI5 6TH DAY OF FEBR[JARY. 1984. AZTEST: � _�_� ��_� SIDNEY C. INMFIN - CITY CLERK First Reading: January 23. 1984 Second Reading: February 6. 1984 Publish: February 15, 1984 ��it� Y {�' L-'c�� WILLIANI J. PSEE YOR