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Ordinance No. 0462 09-21-1970. ORDINANCE N0. 462 AN ORDINANCE REPEALING CHAPTER 61 "DOG CONTROL" OF THE CITY CODE AND ADOPTING AN "ANIMAL CONTROL ORDINANCE" AS �HAPTER 61 TtIE CITY COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN as follows: SECTION 61.01 DEFINITIONS. As used in this Ordinance the following terms mean: � d Owner: Any person, partnership or corporation owning, keeping or harboring animals. Pet Shop: Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species. 23 Veterinary Aospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals, Animals; Any living creature, domestic or wild. Animal Shelter: Any premises designated by the City Council for the purpose o£ impounding and caring for animals held under authority of this ordinance. Such facility may be City owned or shelter service contracted. Officer; Any person designated by the City Council or employed as a law enforcement officer. Ani.mal Control Officer: A person, firm or,corporation designated as animal controL officer (ACO) whose duty shall be to periodically patrol all sections of the City for the purpose of picking up stray animals and to issue ordinance violation tags to owners who allow animals to run at large within the City; to pick up to impound stray animals (dogs and domesticated pets) running at large within the City; ro pick up and dispose of dead animals and to investigate all cases of animal bites reported to him and to ensure that all such dogs or animals are impounded in a secure place of confinement where the dog cannot contact other animals or humans and are kept under observatioc for a period of fourteen (14) days. Animal Warden: Any officer designated by the City Council as a laa enforcement officer; animal control officer or firm aAd any individual, contracted through the animal control officer or an individual, partnership, company or corporation directly appointed by the City Manager to perform animal control and animal census duties. Dog: Any animal of the canine species. Cat; Any animal of [he feline species. DoA Kennels: The keeping of three or more dogs on the same premises. a . � �. � � 24 ORDINANCE N0. 462 PAGE 2 Permit: A permit is the authority to keep a dog or other animal of the canine species within the City of Fridley. Tag: A tag issued to individuals who make ..pplication to City C1erk and -re issued a permit to maintain a dog, or other animal for which a tag is required. License Year: The license year shall be from May 1, year of issue, to ApriL 30 of the year of expiration. SECTION 61.02.CONTROL Control: It shall be unlawful for any person who owns, harbors, or keeps a dog or the parents or guardians of any such person under 21 years of age to allow such dog, regardless of age of dog, to run at large in the City of Fridley. For the purposes of this section of the ordinance a dog shall be deemed at large and shall be considered to constitute a nuisance when: 0 � 1. The dog is off the premises of the owner and not under the control of the owner or a member of his immediate family by a leash, not exceeding eight (8) feet in length. The dog must be with a competent person having custody of him and obedient to that person's commands, or within a vehicle being driven or ' pushed on a public s[reet. 2. The dog commits damage to the person or property of anyone other than the owner, or creates a nuisance upon the property of one other than the owner, except in the defense of the owner, his family or his property. 3. A female dog or cat in heat off the premises of the owner, unless con- fined in the process of being transported to or from the premises of the owner. While on the premises a fe,��ale dog or czt in heat is not kept in a building or secure enclosure where said female dog or cat cannot be in contact with other male animals of its kind, except for planned breeding. 4. The owner does not assume the obligation and responsibility required of the City Code or does not prevent such dog or other animal from commiting any act which constitutes a nuisance as defined herein. 5. The owner or custodian keeps a dog or other animal who shows vicious habits, barks, howls, cries or yelps, or allows the animal to cause noise, disturbance or annoyance to persons residing in the vicinity thereof; or frequent schuol grounds or public beaches. 6. The owner o: custodian of a dog or animal of the canine species does not cause the same to be confined to the owner's or custodian's property by adequate fencing or leashing, except as he*ein defined. 7. The owner allows the dog to chase vehicles or interfere with walking of pedestrians, the driving of aatomobfles, bicycles, motorcyc2es, motorbikes, or snowmobiles on public streets, alleys, grounds or highways. _ � � ' . . . . � �� ��:�. . . 25 . ORDINANCE N0. 462 � PAGE 3 8. The owner allows a dog or animal to molest or annoy any person if such person is not on the property of the owner or custodian. 9. Every unregistered dog and every dog that runs at large or causes disturbance, or noise in violation of the provisions of this ordinance is hereby declared a nuisance. 10. A person abandons any dog, cat within the boundaries of the City of Fridley. 11. Owner or custodian fails to have dog vaccinated against rabies at least once every two (2) years, or dog's vaccination has not been within the past two years. SECTION 61.03. PERMITS (REGISTRATION) . The applicant for permit must sign and agree that he is prepared to comply with regulations established by the City Council. Upon payment of the permit tag fee the C1erk shail 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. The receipt sha11 descri6e the dog or animal as to breed, , age, color, owner and address as a minimum. , In addition to the permit, suitable animal tags, the shape or color of which sha11 be different for each registration year, shall be issued by the Clerk and he shall issue one appropriate tag to the owner wh�n the fee is paid. The owner sha11 cause said tag to be affixed by a permanent metal fastener to the collar or harness of the animal so registered, in such a manner so that the tag may be easily seen. The owner shall see to it that the tag is constantly worn by the animal. In case any tag is lost, a duplicate may be issued 'oy the Cierk upon presentation or a receipt showing the payment of the registration fee for the current year. A charge of fifty cents shall be made � for each such duplicate tag. If at time of initial registration a dog is due to be vaccinated within the next six month period, then a new vaccination shall be required before permit is issued. It sha11 be unlawful to counterfeit or attempt to counterfeit the animal tag or tzke from any dog a tag legally placed upon it by its owner with the intent to place it upon another animal, or to place such tag upon another animal. Animal tags shall not be transferable and no refunds sha11 be made on animal permit iee because of leaving the City or death of the animal before [he expiration of the registration period. A permit or animal tag shall be required for a dog or other animal of the canine species. No permit shall be required of any humane society, veterinary hospital or laboratory. � �. �� 26 ORDINANCE N0. 462 PAGE 4 SECTION 61.04. PERMIT REVOLKING _ A permit, if not revoked, shall be vali' during the license year. A new permit sha11 be obtained each license year by every owner and a new fee paid. The Council may revoke any permit if the person holding the permit refuses to or fails to cpmply with this ordinance, the regulations promul- gated by the Council, or any state or local law governing cruelty to animals or the Keeping of animals. Any person c�hose permit is revoked shall, within 15 days thereafter, remove such animal(s) permanently from the City of Fridley or humanely dispose of animal(s) cir.ed in the violation being owned, kept or harbored by such person and no part of the permit fee shall be refunded. An animal permit and tag may be revoked if an owner fails to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Also, if an owner sha11 beat,� cruelly ill treat, torment, overload, overwork, or otherwise abuse any animal, or cause or permit any dog fight, cockfight, bullfight or other combat between animals or between animals and humans. In addition such owner shall be liable to court action under the ordinance of the City of Fridley, State Statues and local laws for any of the actions cited above. If any person violating the terms of this ordinance 3 times in one permit year, his permit to own, keep, harbor or have custody of animal(s) for which the offense was cited shall be deemed automatically revoked and no new permit may be issued for a period of one year from date permit is revoked. SECTION 61.05. PERMITS REQUIRED 1. No person shall own, keep, or harbor any dog over the age of six months, within the City of Fridley unless a permit therefor has first been secured. Permit certificates shall be issued by the City Clerk for a fee established by Council resolution. It shall be the duty of each person owning, keeping, or harboring a dog to pay the permit fee establi.shed to the City Clerk on or before the first day of May in each year, or upon establishing residence in the City to forthwith pay such permit fee. The C1erk may cause a notice of the necessity of paying such permit registration fee to be printed in the official newspaper in January of each year. Issue of new permits for the license year shall commence February lst of each year. 2. Livestock: See City Ordinance (Code) - subject Livestock Control. 3. Wild animals and birds: See City Ordinance (Code) - subject Wild Animals and Birds. 4. The sections of this ordinance r_quiring a permit shall not apply to non-residents of the City who are keeping only domestic pets, provided that 2nimals of such owners shall not be kept in the City longer than 30 days and that the animals are kept under restraint. The provisions of this ordinance shall apply insofar as requirements for rabies vaccination is concerned. � � , �T - �� F ORDINANCE N0. 462 PAGE 5 27 �� 5. A compulsory system of permit and registration is established whereby the City will issue City owner permits and License tags to owners of dogs over six month of age upon proof of rabies vaccination within the preceding year, all animal permits and tags expire on April 30. Permits and tags must be applied for and obtained and tags affixed on dogs or other canines requiring tags before they attain the age of six months. All permits in effect at time of enactment of this ordinance shall be extended to an expiration date of April 30th. Fees wi11 be based on a minimum of six months regardless of date of application. Permit fees are as follows: a. For each male dog, or spayed dog or other canine species: b. For each unspayed female dog or other unspayed canine species: c. Permits for livestock - See City of Fridley Code (Ordinances) d. For each animal of other species an amount to be determined by the Council and established by Council resolution, provided the Council approves the issuance of the permit for such animal. $ 5.00 $ 5.00 � SECTION 61.06. IMPOUNDING OF ANIMALS The Animal Control Officer, Animal Warden, Law Enforcement Officer or Humane Society shall take up and impound any dogs or animals requiring permits or tags found in the City without the tags; or any dogs or animaLs which are in violation of any of the other provisions of this ordinance. Animals shall be impounded in an animal shelter and confined in a humane manner. Impounded dogs shall be kept for not less than five days, not including Sundays and Holidaxs, unless reclaimed by their owners. If by a permit tag or by other means the owner can be identified, the Animal Control Officer shall immediately upon impoundment notify the owner by telephone or mai: of the i;�pouadment of the animal. Notwithstanding the provisions of this ordinance, if an animal is found at large, and the owner'or custodiaa can be identified, the Animal Control Officer, the Animal Warden or Law Enforcement Officer may proceed against the owner for violation of the ordinance. The Animal Control Officer, Animal Warden and Law Enforcement Officers may enter upon any private premises where he has reasonable cause to believe xhere is being kept a dog or other canine specie or cat or other feline specie which t�as bitten a human being. SECTION 61.07, NOTICE OF IPIPOUNDMENT , Upon taking up and impounding any dog or animal as provided in this ordinance, the Animal Cont:ol Officer or Pound'�ceeper sha11 immediately -- . notify the owner, if known, and the City Police Department. The Animal Control Officer, Poundkeeper, and Police Department sha11 maintain a record of dogs and animals so impounded. � __ � �: 28 s ORDINANCE N0. 462 PAGE 6 _ SECTION 61.08. REDEMPTION OF IMPOUNDED ANIMALS WITHOUT PERh1ITS - TAGS - VACCI�ATIONS In the instance of dogs or animals for which the owner does not have a required permit or tag, the Animal Control Officer or Poundkeeper sha11 not return such animal to the owner until a permit and tag, if applicable, have been purchased from the City Clerk's office or from the Animal Control Officer or Poundkeeper. The Animal Control Officer or Poundkeeper shall remit to the City the sum paid to him for the permit and tag and if owner has not proof of rabies vaccinations, the cost of immunization, and furnishing the City Clerk a11 necessary information pertaining to said purchase including a copy of any permit certificate issued in connection therewith. In addition the Animal Control Officer or Poundkeeper sha11 be paid by the dog or animal owner the impounding fee plus feeding and care fee for each day the dog or animal is confined in the pound. All monies received by the Animal Control Officer or Poundkeeper shail be turned over to the City C1erk, and shall be placed in the general fund of the City. SECTION 61.09. REDEMPTION OF ANIMALS tdITH PERMITS - TAGS - VACCINATIO:VS Any dog or animal for which the owner has a current permit - tag may be redeemed from the pound by the owner after impounding by payment of impounding fee plus Peeding and care fee for each day the dog is confined in the pound. Fees paid shall be in accordance with those established by the City Council. ALl monies received by the Animal Control Officer or Poundkeeper shall be turaed over to the City Clerk and shall be placed in the General Fund of the City. SECTION 61.10.. UNCLAIMED IMPOUNDED ANIMALS Any dog or animal which is not claimed within five days after impounding, not including Sundays or Holidays, may be sold for not less than the amount of the total charges accrued against the animal in accordance with this orriinance and Council resolution, to anyone desiring to purchase the dog, if not requested by a Licensed educational or scientific institution under Minnesota Statutes Section 35.71. A11 sums received by the Animal Control Officer or Poundkeeper shall be turned over to the City C1erk, and shall be placed in� the general fund of the City. Any dog or animal which is not claimed by the owner, or by a licensed educational or scientific institution, or so1d, shall be painlessly put to death and the body properly disposed of by the Poundkeeper. The time of saLe or other disposition of the dog or animal shall be at least 120 hours after notice has been given to the animal owner by the Animal Control Officer or Poundkeeper. The provision of notification of owner does not apply, when owner cannot be ascertained. � Animal Control Officers, Animal Wardens and Law Enforcement Officers shall have police powers in the enforcement of this ordinance and no person sha11 interfere with, hinder, or molest such officer in the exercise of such powers. ' �-- � ���;,�...� � , , 29 � ORDINANCE N0. 462 PAGE 7 SECTION 61.11. DOG AND ANIMAL BITES pny person knocaing of a human being bit by a dog, cat, raccoon, skunk, or other rabbies susceptible species sha11 imme,�iately notify the Animal Con:_ol officer or Police Department and the Animal Control Oificer shall then cause said animal to be quarantined under observation for a period of 14 days according to State Law. No Police Officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made. It shall be unlawful for any person other than an Animal Control Ofiicer, Animal Warden or City Law Enforcement Officer to kill or destroy any dog or animal of the dog kind found running at large in the City. Violations of the above snall be considered a misdemeanor. SECTION 61.12. COMPLAINTS Any person complaining to the Po2ice Department that a dog or other animal is allegedly running at large or otherwise constituting a danger or nuisance shall identify himself upon request and sha11 make every reasonable attempt to assist the authorities in identifying the dog and its owner or custodian. ' � SECTION 61.13. MiJZZLING PROCL4MATION Whenever the prevalence of hydrophobia 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 confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time fixed in the prociamation shali oe killed Sy the Police, the Animal Control Officer or Animal [darden, without notice to the owner. SECTION 61.14. KENri'ELS See City of Fridley Zoning Ordinance 6ECTION 6115. APPOINTMENT OF ANIDfAL CONTROL OFFICER AND ANIMAL WARDEN C The Council may appoint such person, persons, or firm as the Couneil may deem necessary and advisable as Animal Control Officer and Animal Warden, Such appointees shall work under the direct supervision of the Frid7_ey Police �epart- ment and shall be responsible for the enforcement of this ordinance. SECTION 6116. REPEALER Chapter 61 of the City Code of the City of Fridley is hereby repealed. All existin� ordinances of the City oi Fridley are hereby repealed insofar as they may be inconsistant saith the provisions of this ordinance. � r � b� 30 L._.. ORDINANCE N0. 462 � PAGE 8 � SECTION 61.17. PENALTIES Every per.son who violates this ordinance is subject to all penalties provided for such violations under the provisions of Chapter 105 of the Fridley City Code as amended. � PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS 21ST DAY OF SEPTEMBER � 1970. C� � L��-w- MAYOR JA 0. KIRKIiAM ATTEST: � �� -' CZTY CLERK - MARVIN C. BRUNSELL . First Reading; August 17, 1970 � Second Reading: September 21, 1970 � Publish: • September 30, 1970 , � .. � , A�