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Ordinance No. 1313 04-14-2014 ORDINANCE NO. 1313 AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 101. ANIMAL CONTROL, SECTION 101.01 DEFITIONS; SECTION 101.04 ANIMAL NUISANCE; SECTION 101.05 DOG LICENSING; SECTION 101.06 REVOCATION; SECTION 101.07. EXEMPTION; SECTION 101.08. FEES; SECTION 101.09 IMPOUNDING; SECTION 101.10. ANIMAL BITES, QUARANTINE; AND CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES, SECTION 11.10. FEES FRIDLEY CITY CODE CHAPTER 101. ANIMAL CONTROL SECTION 1. That Section 101.01 Definitions is hereby amended as follows: 101.01 DEFINITIONS The following 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 follows: 2. Animal Control Officer. Any individual designated by the City to enforce the provisions of this Chapter, including all City community service officers and police officers. 3. Animal Shelter. Any premises designated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter, receiving registrations, license applications, and proof of vaccinations for such animals, and issuing licenses and tags for such animals. The facility may be owned by the City or may be contracted for shelter service. 4. Animal Tag. A tag provided to individuals who are issued a permit license to maintain an animal. 12. Permit License. The authority to keep an animal within the City of Fridley. SECTION 2. That Section 101.04 Animal Nuisance is hereby amended as follows: 101.04. ANIMAL NUISANCE It shall be unlawful for any person to own, keep, or harbor any animal which is considered a nuisance. For the purposes of this Chapter, an animal nuisance shall exist under any of the following conditions: 7. Where required, tThe animal has is not been currently vaccinated against rabies within the preceding two (2) years, as evidenced by the certificate of an authorized veterinarian. Ordinance No. 1313 Page 2 SECTION 3. That Section 101.05 Dog Registration is hereby amended as follows: 101.05. DOG REGISTRATION LICENSING 1. Permit License. A. No person shall own, keep or harbor any dog over the age of six (6) months within the City unless a yearly permit has been secured they have registered and received a dog license from the City. Permit certificates A license shall be issued by the City upon the completion of an application and proof of rabies vaccination. within the preceding two (2) years The license shall be valid for the life of the dog and is transferable to a new owner, provided notice of the transfer is provided to the City Clerk pursuant to this Chapter. If at the time of initial registration, a dog is due to be vaccinated within the next six months, a new 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 newspaper of the need to pay such permit registration fee. 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, keeping 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 payment of the permit fee, the City shall execute a receipt 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 minimum, the receipt shall describe the dog as to breed, age, color, owner and owner's address.The application shall include the owner’s name, address, phone and e-mail address; the dog’s name, age, breed, color and sex; and proof of current rabies vaccination. No license shall be issued for a dog upon which proof of vaccination has not been provided at the time of the application. C. No permit shall be required of any humane society, veterinary hospital or laboratory. It shall be the owner’s responsibility for maintaining current vaccinations at all times. The owner must provide proof of current rabies vaccination upon request or demand by: (1) the City’s licensing authority, (2) Animal Control Officer, (3) police department, or (4) individual that may have been harmed, injured or bitten by the dog. 2. Tag. A. In addition to the permit, Ana Animal Tag, the shape or color of which shall be different for each registration year, shall be issued by the City. The owner 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 owner 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 payment 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. Ordinance No. 1313 Page 3 B. It shall be unlawful for any person to do any of the following: (1) counterfeit or attempt to counterfeit a dog tag; or (2) remove a valid tag for any purpose; (3) toown, keep or harbor a dog wearing a counterfeit, fictitious, altered, or invalid license tag; (4) to own or keep a license tag not issued in connection with the licensing or keeping of the dog wearing the same. C. Dog tags shall not be transferable to another dog and no refunds shall be made on a permit license fee because of transfer of the dog out of leaving the City or death of the dog. 3. Death of Dog. Any person to whom a dog license is issued must notify the City Clerk in writing of the death of the dog for which the license was issued. Within 30 days of the death of the dog, if requested by the City Clerk, the owner shall execute an affidavit under oath setting forth the circumstances of the dog’s death and disposition. 4. Transfer of Dog. A. Transfer Within the City. Any person to whom a dog license is issued must notify the City Clerk in writing of the transfer of the dog to a new owner, if applicable, and new . location within the City where the dog will resideWithin 30 days of the transfer of the dog, if requested by the City Clerk, the owner shall execute an affidavit under oath setting forth the complete name, address, and telephone number of the person to whom the dog has been transferred, if applicable, and the address within the City where the dog has been relocated. B.Transfer Outside the City. Any person to whom a dog licensed is issue must notify the City Clerk in writing of the transfer of the dog to a new owner, if applicable, and . new location outside of the City where the dog will resideWithin 30 days of the transfer of the dog, if requested by the City Clerk, the owner shall execute an affidavit under oath setting forth the complete name, address, and telephone number of the person to whom the dog has been transferred (if applicable) and the address outside of the City where the dog has been relocated. 4. 30 days of the death of the transfer, and must, if requested by the city clerk, execute an affidavit under oath setting forththe circumstances of the dog’s death and disposition; or the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated. SECTION 4. That Section 101.06. Revocation is hereby amended as follows: 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 regulations promulgated by the City or any state or local law governing cruelty to animals or the keeping of animals. Ordinance No. 1313 Page 4 B. An owner fails to provide the animal with necessary food, water, shelter, veterinary care and humane care and treatment. C. An owner overdrives, overloads, overworks, tortures, ill treats torments, neglects, or unjustifiably injures, maims, mutilates or cruelly works an animal when unfit for labor, or otherwise abuses any animal. D. An owner causes or permits any dog fight, cock fight, bull fight or other combat between animals or between animals and humans. E. An owner violates the terms of this Chapter three (3) times within one (1) permit year. 1. A dog license may be revoked if: A.The person to whom such license is issued violates Section 101.04 related to animal nuisance or violates Section 101.05 related to dog licensing three (3) times within a twelve (12) month period or five (5) or more times within the dog’s lifetime; or B.The person to whom such license is issued violates the terms of Minnesota Statutes Chapter 343 related to cruelty to animals; or C.The person to whom such license is issued violates the terms of Minnesota Statutes Chapter 347 related to the regulation of dangerous dogs; or D.The animal control officer determines that the dog poses a substantial risk to public safety or the well being of the community. 2. An Animal Control Officer shall send written notice of the revocation to the person to whom such license was issued. The notice shall state the basis for the revocation and that an appeal hearing may be requested, in writing, addressed to the City Clerk, within fourteen (14) days of the date of the notice. The appeal shall be heard by the City Council. 23. Any person whose permit dog license is revoked shall, within fifteen (15) fourteen (14) days of the date of the notice of revocation, appeal the decision as required by Section 101.06.2, remove permanently from the City, or humanely dispose of the animal(s) cited in the violation as being any and all dogs owned, kept or harbored by such person. and no No part of the permit license fee shall be refunded unless the person prevails on appeal. 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. If any member of a household is prohibited from owning a dog by reason of license revocation, unless specifically approved with or without restrictions by the City, no person in the household is permitted to own, keep or harbor a dog in the City. 34. If a permit dog license is revoked, no new permit dog license may be issued for a period of one (1) three (3) years from date the permit license is revoked. Beginning three (3) years after a revocation under this section that prohibits a person from owning a dog, and annually thereafter, the person may request in writing that the Public Safety Director review the prohibition. The Public Safety Director or designee may consider such facts as the seriousness of the violation or violations that led to the revocation, any criminal convictions, or other facts deemed appropriate. The Public Safety Director or designee may recommend that the City rescind the revocation entirely or rescind it with limitations. The Public Safety Director or designee also may recommend conditions a person must meet before the revocation is rescinded, including, but not limited to: Ordinance No. 1313 Page 5 A.Evaluation by a certified applied animal behaviorist or a board-certified veterinary behaviorist and completion of any training or other treatment as deemed appropriate by that expert. B.Spaying or neutering. C.Secure, humane confinement in a manner that prevents escape and unsupervised contact with the public, permits the dog adequate exercise and provides protection from the elements. D.Direct supervision by an adult 18 years of age or older whenever the dog is on public property. E.Successful completion of a dog handling course. F.Muzzling in public, in a manner that prevents the dog from biting people and other animals but does not injure the dog or interfere with vision or respiration. G.Implanting microchip identification in the dog and providing the City with the name of the microchip manufacturer and identification number of the microchip. If the City rescinds a person’s license revocation and the person subsequently fails to comply with any limitations imposed by the Animal Control Officer or the person is convicted of any animal violation, the City may permanently prohibit the person from owning, keeping or harboring a dog within the City. 5. A dog license revocation is in addition to any penalty against a dog owner arising from a violation of this Chapter or State Statute. SECTION 5: That Section 101.07. Exemptions is hereby amended as follows: 101.07. EXEMPTIONS Section 101.05 of this Chapter requiring a permit license 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 animals are kept under restraint. All other provisions of this Chapter shall apply to nonresidents and their pets. SECTION 6: That Section 101.08. Fees is hereby amended as follows: 101.08. FEES The annual permit fee and expiration date shall be as provided in Chapter 11 of this Code. Neutered or spayed animals shall qualify for a reduced permit fee as provided in Chapter 11 of this Code. The fees for this Chapter shall be as provided in Chapter 11 of this Code. SECTION 7: That Section 101.09. Impounding is hereby amended as follows: 101.09. IMPOUNDING 1. Generally. A. The Animal Control Officer shall, take up and impound any animals requiring permits licenses or tags found in the City without the tags; or any animals which are in violation of any of the other provisions of this Chapter. Animals shall be impounded in an aAnimal sShelter and confined in a humane manner. Impounded animals shall be kept for Ordinance No. 1313 Page 6 not less than five (5) days, including Sundays and Holidays regular business days of the Animal Shelter unless reclaimed by their owners. B. If an animal is found at large and the owner or custodian can be identified, the Animal Control Officer may proceed against the owner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private premises by warrant or as otherwise provided by law when such officer is in reasonable pursuit of his or her duties. D. Upon taking and impounding receiving any animal as provided in this Chapter, the Animal Control Officer shall immediately notify the owner, if known, and the City Police Department. Shelter personnel who receive animals shall check for identification on each animal, identify the owner by the identification whenever possible, and promptly notify the owner of the location of the animal by the most expedient means. The Animal Control Officer Shelter and Police Department shall maintain a record of animals so impounded. 2 Claiming an Impounded Animal. A. In the instance of animals for which the owner does not have a required permit or tag, the Animal Control Officer Shelter shall not return such animal to the owner until a permit license and tag have been purchased from the City or from the an Animal Control Officer. Shelter. The Such Animal Control Officer Shelter shall remit to the City the sum paid for 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 the completed dog license application and proof of current rabies vaccination submitted in connection therewith. B. The owner of the impounded animal shall pay the Animal Control Officer Shelter an impounding fee. The Animal Control Officer Shelter shall turn over to the City any impounding fees received. The City shall place such fees in the General Fund of the City. C. If a rabies vaccination is required and the owner cannot produce proof that the animal has had a current rabies vaccination within the preceding two (2) years, the Animal Control Officer Shelter shall ensure that such dog or other animal is vaccinated for rabies as a condition of release to the owner. The animal's owner shall pay to the Animal Control Officer Shelter the cost of the immunization. D. The owner of the impounded animal shall also be liable for and pay the Animal Control Officer Shelter 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, including Sundays or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section 35.71. If not so requested and claimed, the animal 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 sums received by the Animal Control Officer, except the cost of feed and care and any vaccinations or immunizations administered to the animal, shall be remitted to the City and placed into the General Fund of the City. Any animal which is not claimed by the owner, a licensed educational or scientific institution or sold, shall be Ordinance No. 1313 Page 7 painlessly put to death and properly. disposed of by the Animal Control Officer. The time of sale or other disposition of the animal shall be at least 120 hours after notice has been given to the animal's owner by the Animal Control Officer. The provisions of notification to the owner do not apply when the owner cannot be reasonably ascertained. Any impounded animal not claimed within five (5) regular business days of the Animal Shelter shall become the property of the . Animal Shelter and may be disposed of in a manner permitted by law,and tThe licensed owner shall be liable to the Animal Shelter for costs incurred in confining and disposing of the animal. SECTION 8: That Section 101.10. Animal Bites, Quarantine is hereby amended as follows: 101.10. ANIMAL BITES, QUARANTINE 3. The quarantine required by this Section shall not be necessary and the requirements shall be waived if the custodian or owner of the animal, immediately upon notification that his or her animal has bitten someone, presents to the Animal Control Officer or Police Department, the certificate of an authorized veterinarian that the animal was currently 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 premises of the owner, under strict control, for a period of ten (10) days for the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to conduct a mid-term and terminal examination of the animal 5. Regulation of Potentially Dangerous or Dangerous Dog. A potentially dangerous or dangerous dog shall be registered and regulated as required by Minnesota Statutes Section 347.50 347.565. SECTION 9: That Section 11.11. Fees is hereby amended as follows: 101 Dogs $5 25 – Lifetime License 5 $10 2 - Duplicate License $25 Kennel $25 Impound Fee SECTION 10: that the renewal fees for the lifetime license for the year 2014 shall be $15. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 14 DAY OF APRIL 2014. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN, CITY CLERK First Reading: March 24, 2014 Second Reading: April 14, 2014 Publication Date: April 25, 2014