Ordinance No. 0654 06-06-1977_�
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ORDINANCE N0. 654
AN ORDINANCE TO REPEAL OLD Ct1APTER 3C�2 OF THE FRIDLEY CITY CO�E, ANIMAL
CONTROL AND TO ESTAE3LISH A NEW CHAPTER 302 OF THE FRIDLEY CITY CODE,
ANIMAL CONTROL
THE CITY COUNCIL OF THE CITY OF FRI�LEY DOES ORDAIN AS FOLLOWS:
302.Oi OEFINITIONS
The following definitions shall apply in the interpretation and
application of this Chapter and thE follow�n9 words and terms,
whereever they occur �n this Chapter are defined as follows:
(Ref. 462)
l. A pet shop is any person, partnership or corporation engaged
in the business of breeding, buying, selling or boarding a m mals
cf any spec��es.
2. A veterinary hospital is any establishment maintained and
operated by a licensed veterinarian for the diagnosis and treat-
ment of diseases and in,7uries of animals.
3. Animals are any ltving creatures, domestic or wild.
4. An animal shelter is any premises designated 6y the City for
the purpose of impounding and caring for animals held under authority
of this ordinance. Such facility may be City owned or shelter
service contracted.
5. Animal Control Officer is any individual(s) designated by the
City to enforce the provisions of the ord�nance, including all City
police officers.
6. A do9 is any am mal of the canine species.
7. A cat is any animal of the feline species.
8. The keeping of three or more dogs or three or more cats an the
same premises shall constitute a kennel.
9. A permit is the authority to keep a dog or other animal of the
canine species within the City of Fridley.
10. An animal tag �s provided to individuals who are issued a perm�t
to maintain a dog or other animal for v�hich tag �s required.
302.02 CONTROL
It shall be unlawful for any person or for the parents or guardians
of any person under_18 years of age who owns, harbors, or keeps a dog
to allow such dog, regardless of age of doq, to run at large in the
City of Fridley.
302.03 NUISANCE
For the purpose of thts Chapter a dog or cat shall be deemed
to constitute a nuisance when:
1. The dog or cat is not confined to the owner's or custodian's
property by adequate fenctng or leashing, or if the dog or cat is
off the premises of the owner or custodian and is not under thc
control of the owner or a competent person by a leash not exceeding
ei9ht (8) feet in length, when not in a motor vehicle
2. The dog or cat 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 property.
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DEFINITIONS
CONTROL
NUISANCE
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ORDINANCE N0. 654
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3. A female dog or cat in heat off the premises of the owner, unless
confined in the process of being transported to or from the premises
of the owner. While on the premises a female dog or cat in heat is
not kept in a building or secure enclosure where said female dog or
cat cannot be in contact with other male antmals of its kind, except
for planned 6reed�ng.
4. The owner does not assume the obligat�on and responsi6ility required
of the City Code or does not prevent such dog or cat from committing
any act which constitutes a nuisance as defined herein.
5. The owner or custodian keeps a dog or cat which 6arks, howls,
cries or yelps so as to unnecessarily disturb or annoy any person or
persons in the vicinity thereof; or which animal frequents school
grounds or public beaches.
6. The owner allows the dog or cat to chase vehicles or interfere
with walking of pedestrians, the driving of automobiles, bicycles,
motorcycles, motorbikes, or snowmobiles on public streets, alleys,
grounds or highways.
7. The owner allows a dog or cat to molest or annoy any person if
such person is not on the property of the owner or custodian.
8. 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.
9. A person abandons any dog �r cat within the bounds of the City of
Fridley.
10. Owner or custodian fails to have dog or cat vaccinated against
rabies at least once every two (2) years, or dog's vaccination has
not been within the past two years. �
302.041 REGISTRATION
A permit and animal tag shall be required for a dog or other animal
of canine species to be maintained within the City of Fridley.
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
been secured. Perm�t cert�ficates shall be issued 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 C2ty to forthwith pay such perm�t fee. The City may cause
a notice of the necessity of paying such permit registration fee
to be printed in the official newspaper in April of each year.
Issue of new permits for the license year shall commence May 1
of each year.
A compulsory system of permit and registration is established whereby
the City will issue City owner perm�ts and animal tags to owners of
dogs over six months of age upon proof of ra6ies vaccination within
the preceeding year. Permits and animal tags must be applied for and
obtained and animal tags affixed on dogs or other canines requiring
tags before they attain the age of six months.
The applicant for permtt must sign and agree that he is prepared
to comply with regulations established by the City. Upon payment
of the permit tag fee the City shall execute a recetpt 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
shall describe the dog or animal as to breed, age, color and owner
andaddress a minimum.
302.042
In addition to the permit, suitable animal tags, the shape or color
of which shall be different for each registration year, shall be
issued by the City. The owner shall cause said tag to be affixed
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REGISTRATION '
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ORDINANCE N0. 654
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by a permanent metal fastener to the collar or harness of the
an�mal so registered, in such a manner so that the tag may be
seen. The owner shall see to it that the tag is constant7y worn
by the animal. In case any tag is lost, a duplicate may be issued
by the City upon presentation of a receipt showing the payment of
the registration fee for the current year A charge as provided
by Chapter 11 of this Code shall be made for each such duplicate
tag. If at tlme of intitial registration a dog is due to be
vaccinated within the next six months period, then a new vaccination
shall 6e required before permit is issued.
302.043
It shall be unlawful to counterfeit or attempt to counterFeit the
an�mal tag or take from any dog a tay lega7ly placed upon it by
its owner with the intent to place it upon another animal, or Lo
place such tag upon another animal.
3D2.044
An�mal tags shall not be transferable and no refunds shall be made
on animal permit fee 6ecause of leaving the City or death of the
animal before expiration of the registration period
302.045
No permit shall be required of any humane society, veterinary hospital
or laboratory.
302.05 REVOCATION
A permit, if not revoked, shall be
A new perm�t shall be obtained each
and a new fee paid.
302.051
valid during *he license year
license yEar by every owner
The City may revoke any permit �f the person halding tnis permit
refuses to or fails to comply with this Chapter, the regulations
promulgated 6y the City, or any state or local law governing
cruelty to animals or the keeping of animals.
302.052
An animal permit and tag may be revoked if an avner fails to provide
animals with suffic�ent 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 shall beat cruelly, ill treat, torment, overload, overwork,
or otherwise abuse any a��imal, or cause or permit any dog fiqht,
or cock fight, bull f�ght or other combat between animals or between
animals and humans. In addition such owner shall be ltable to court
action under this Code, State Statuies and local laws for any of the
actions cited above.
302.053
If any person violating the terms of this ordinance three (3} times
in one permit year, his permit to own, keep, har6or or have custody
of animal(s) for which the offense was cited shall be deemed auto-
matically revoked and no new permit may be issued for a period of
one year from date permit is revoked.
302.054
Any person whose permit is revoked shall, within 15 days ±hei°eafter
remove such animal(s) permanently from the City of Fridley or
humanely dispose of animal(s) cited �n the v�olation being o�n�neJ,
kept or harbored by such person and no part of the permit fee shall
be refunded.
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REVOCATION
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302.062 LIUESTOCK
See Chapter 301 of this Code.
302.063 WIL� ANIMALS AND BIRDS
See Chapter 303 of this Code
302.064
The section of this Chapter requ�ring a permit shall not apply to
non-residents of the City who are keeping only domestic pets,
prov�ded that animals of such owners shall be kept in the City no
longer than 30 days and that the animals are kept under restraint.
The provisions of this Chapter shali appiy insofar as requirements
for rabies vaccinat7ons is concerned.
302.Db5 FEES
The annual perm�t fee and expiration date shall be as provtded in
Chapter 11 of this Code. Neutered or spayed an�mals shall qualify
for a reducetl permit fee as prov7ded in Chapter 11 of this Code.
302.07 IMPOUN�ING
The Animal Control Officer or Humane Society shall take up and
impouncl 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 provis�ons of this ordinance. Animals shall be
impounded in an animal shelter and confined in a humane manner.
Impounded animals shall de kept for not less than ftve days, m cluding
Sundays and Holidays, unless recla�med by their owners. If by a
permit tag or other means, the owner can be identified, the Animal
Control Officer shall immedtately upon impoundment not�fy the
owner by telephone or mail of the impoundment of the animal.
Not withstanding the provis�ons of this ordinance, if an am mal
is found at large, and the owner or custodian can be identified,
the Animal Control Officer, may proceed against the owner for viola-
tion of the ordtnance.
The Animal Control Officer may enter upon any publ�c or private
premtses by warrant or as otherwtse prov�ded by law when such
officer is �n reasonable pursuit of his/her duties.
302.08 NOTICE OF IMPOUNDMENT
Upon taking and impounding any dog or animal as provided in
this ordinance, the Animal Control Officer or Poundkeeper shall
immediate7y notify the owner, if known, and the City Police
Department The Animal Control Offi cer, Poundkeeper and Police
Department shall maintain a record of dogs and antmals so
impounded
302.091 REDEMPTION OF IMPOUNDED ANIMALS
In the instance of dogs or animals for which the owner does not
have a requ�red permit or tag, the Animal Control Officer or
Poundkeeper shall not return such animal to the owner until
a permit and tag, �f applicable, have been purchased from the
City 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 or tag antl if owner has not
proof of rabies vaccinations, the cost of immunization, and
furntsh the City all necessary information pertaining to said
purchase including a copy of any permit certificate issued in
connection therewith. In addition the Antmal Control Officer
or Poundkeeper shall be paid by the dog or animal owner the
impounding fee plus feed and care for each day the dog or animal
is confined in the pound. All monies received by the Animal
Control Officer or Pounkeeper shall be turned over to the
LIVESTOCK
lJILD ANIMALS
RN� BIRDS
EXEMPTIONS
FEES
IMPOUN�ING
NOTICE OF
IMPOUNDMENT
REDEMPTION
IMPOUNDED
ANIMALS
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City and placed in the general fund of the City.
302.092
Any dog or animal for which the owner Fas a current perm�t taq
shall be redeemed from the pound by the owr�r after �mpound�nq
by payment of impounding fee plus feeding and care for each day
� the dog is confined in the pound. Fees paid shall b� in
accordance with those established by the City. Al1 monies
received by tnp Animal Control Off�c°r or ?oundkeeper shall Le
turned over to the City and shall be p7ace� in the eeneral
fund of the City.
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302.10 UNCLAIMED Ii�1POL'fVQcD ANIMALS
Any dog or ammal wnich is not clatmed vnthin Pive �iays af�ei°
impounding, including Sundays or Hol�days, may be sold for not
less than the amount of the total charyes accrued aqainst the
animal in accordance w�th this ordinance and Council resolut�on,
to anyone desiring to purchase the dog, if not requested by a
�icensed educational or scientif�c �nstitution under Minnesota
Statutes Section 35.71. All sums recetved by the Animal Control
Officer or Poundkeeper shall be tut°ned over to the City and shall
be place� �n the general fund of the City. Any dog or ari�mal
which is not claime� by the owner, or by a licensed educati�nal
or scientific institution, or sold, shall b� pa�nlessl� put to
death and the body properly disposed of by the Poundkeeper. The
time of sale or other disposit�on of dog or animal shall be at
1east 120 hours after notice has been given to the animal owner
by the Animal Control Officer or Poundkeeper. The provisions
of notification of owner does not apply, when owner cannot be
ascertained.
302.11 11NIMAL 6ITES: QUARANTINE
Any person know�ng of a human being bit by a deg, cat, racoon,
skunk, or other rab9es susceptible species shall immediately
nottfy the Animal Control Officer or Police Department. VJhen-
ever any dog or animal has bitten any person the owner or
custodian of such dog or animal, hav�ng been so notified by the
Animal Control Officer or the Police Department, shall immediately
cause said dog or animal to be qu3rantine� at the City of Fridle,�
contract kennel facility or at a licensed veter�nary hosFita� or
kennel for a period of 14 days after such person has been bitten
by said dog or animal. Duo,�ng the quarantine period, said don, or
animal shall be kept under observa�ior to determ�ne its cond�tion
and if it is found to be sick or diseased, the operator of the
quarantine facility shall�mmediately report inwriting to thc
Police Department and the Fr��ley An�mal Lontro� Off�cer, the
condition oP the anima1. The Animal Control Offi cer shall then
take necessary steps to detErmine if the �og o� an7mal is suffer�ng
from rabies.
During the yuarantine period, Ehe dog or ai�imal shall not be
removed from the designated quarantine far,ility exceot by
special written permission from the Minnesota L�vestock Sanitary
Board and the Fridley Animal Control Officer The owner of such
dog or animai shall be responstble for the cc�st of such
quarantine. The quarantine require� by this sect;on shall not
be necessary and the requirements shall 5e waived 1f custodlan
of such dog or am mal, immediately upon rece�pt af the notice
referred to above, presents to the Animal Control Officer or
Police Department, the certificate of an authorized veter�n,�rian
that the dog or anirnal was vaccinaied for rahies on a date l�ss
than twc years prior to the date of such not�ce. Such anima]
so exempt shall be quarantined on the premises of the owner
under strict control for a period of 14 days for the purpose
of observation for symptoms o� disease. The Animal Control
Officer is authorized to conduct a mid-term and terminal exam-
ination of the animal.
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IINCLAIMED
IMPOUNDED
ANIMALS
ANIMAL BITES
QUARENTINE
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It shall be unlawful for any person other than an Animal Control
Officer to kiil or destroy any dog or animal of the dog kind found
running at large in the City. No Animal Control Officer or
other person shall kill, or cause to be killed any animal suspected
of being rabid, except after the anima7 has been placed 7n quarantine
and the diagnosis of rab�es made.
302.12 VICIOUS ANIMAL
No person shall keep or allow to be kept anyplace in the City
any animal of a feroc7ous or vicious character, habit or
disposit�on or any an7mal wild by nature, any dog or animal
shall be deemed to be vicious upon the occurrence of two (2j
bites w�thin 365 calendar days except those occurring in
defense of the owner or his property. Upon conviction for the
violation of th7s section, the court may rn addition to
impos�t�on of sentence, direct the Animal Control Officer to
take the an�malir,•quest�on into custody and forthw�th dispose
of the same as may 6e directed 6y the Ctty of Fridley.
302.13 COMPLAINTS
An,y person complaining to the Police Department that a dog or
other am mal is allegedly running at Targe or otherwise constituting
a danger or nuisance shall identify himself upon request and shall
make every reasonable attempt to ass�st the authorit�es in ident�fy-
ing the dog and 1ts owner or custodian.
302.14 MUZZLING
Whenever the prevalence of hydrophobia renders such action necessary
to protect the pu6lic health and safety, the Mayor shall issue a
proclamation ordering every person owning or keeping a dog t�o
confine it securely on his premises unless it is muzzled so that
it cannot bite. No person shall violate such procTamation, and
any unmuzzled dog running at large during the time fixed �n the
proclamat�on shall be killed by the Animal Control Officer without
not�ce to the awner.
302.15 KENNELS
Because the keeping of three oi° more dogs or three or more cats
on the same premises is su6,7ect to great abuse, causing discomfort
to persons in the area, by way of smell, noise, hazard and genera7
aesthetic depreciation, the keep�ng of three or more dogs or cats
on one premises is hereby declared a nu�sance.
The keeping of three or more dogs or three of more cats on the
same premises, whether owned by the same person or not and for
whatever purpose, kept, shall constitute a kennel, excapt that
a fresh litter of pups/kittens may be kept for a period of three
months befare such keeping shall be deemed to be a kennel.
No person shall keep or maintain a kennel in the City of Fridley
except upon obtaining a kennel license consistent with the zo m ng
requirements of this Code.
Appl�cation for kennel license shall be made on forms provided
by the City. Such application shall show the following
Location of the premises of the kennel.
2. Location of all structure for the housing of the dogs and/or
cats. If sa�d dogs and/or cats are to be kept primarily within
the home or builtl�ng of residence of the applicant or of any other
person, the application sha]1 so state.
3. The maximum number of dogs, cats, or any com6ination tF�ereof,
to be kept on the premises.
VICIOUS
ANIMALS
COMPLAINTS
MUZZLING
KENNELS
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4. Any dog runs and housing for dogs shall be a minimum distance
of 200 feet from any building structures suitable for human habitation,
public place where food is bought, stored or eaten.
5. The premises for any keep�ng of dogs shall be fenced and a simple
plat showing the location of fencing shall be fui°nished. The fencing
must be of such quality as to contain the dogs and/or cats.
6. Method to be used in keeping the premises in a sam tar,y conditiorz.
7. Method to be used in keeping the dogs and/or cats quiet.
8. The application shall contain an agreement by the applicant that
the premises may be inspected by the City at all reasonable times.
The City shall have discretion whether to issue such license c�r nct.
In making such determination, the City shall take into consideration
the adequacy of housing the runs for the dogs and/or cats, the
method used for sanitation and to maintain quite, facilities
for containing the dogs and/or cats, and with particularity any
violations during the previous license period.
If a license is granted and the applicant ��hereafter fa�ls to cornply
with the statements made in the application or any other reasonable
conditions imposed, or violates any other provisions of this ord�nance,
the licensee shall be notified by mail and given ten days to remedy
any defects or defaults. If such conditions be not remedied in said
ten days, a hearing shall be held after at least ten days mailed
notice to the licensee, and the licensee and all othe�° interested
parties shall be heard. If it shall appear that said kennel is not
being properly maintained, the City may revoke the kennel license
and the keeping of three or more dogs, or cats, or any combination
thereof, immed�ately shall be discontinued
It shall be unlawful for any licensee to do or permit any of the
following.
1. Allowing any of the dogs to run at large on any street or
public property or any private property not owned by the licensee
or under his control.
2. Allowing the premises to be kept in an unsanitary or unhealthy
condition.
3. Burning of offal waste.
4. Allowing the dogs or cats to bite or scratch anyone properly
on or off the premises.
5. Allowing the dogs or cats to bark, yelp or fight so as to
disturb the neighborhood either night or day.
6. Maintaining any dogs or cats so as to create a nuisance by
way of no�se, odor or otherwise.
302.151 KENNEL LICENSE FEE
The annual license fee and expiration date shall be as provided
in Chapter 11 of thts Code.
302.16 APPOINTMENT DF ANIMAL CONTROL OFFICER
The City may appoint such person, persons, or firm as the City
may deem necessary and advisable as Animal Control Off�cer.
Such appointees shall work under the supervision of the Fridley
Police Department and shall be responsible for the enforcement
of th�s ordinance.
302.17 ENFORCEMENT BY ANIF1AL CONTROL OFFICER
Animal Control Officers are authorized to enforce the provisions
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KENNEL LICENSE
FEE
APPOINTMENT
OF ANIMAL
CONTROL OFFICER '
ENFORCEMENT i
BY ANIMAL
CONTROL OFFICER
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ORDINANCE N0. 654
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of this ordinance and other related ord�nances and statutes
pertaining to animal control, including the issuance of
c�tat�ons.
302.18 INTERFERENCE WITH ANIMAL CDNTROL OFFICER
It shall be unlawful for any unauthorized person to break
�nto an animal control pound, or attempt to do so, or to
take or set free any animal taken by such officer in the
compl�ance of thts ordinance, or in any way interfere with,
hinder, or molest such off�cer in the discharge of his/her duty
under this ordinance.
302.19 GUARD DOGS,-WARNING
Businesses located within the City and maintaining a guard
dog for security purposes shall post notice at the entrance
to the prem�ses warning of the presence of said dog
3021.191 GUARD DOGS,-AUTHORIZATION
Businesses maintaining a guard dog shall file with the City a
release authorizing the police or fire departments to shoot
said dog in an emergency situation if necessary in order to
allow the police or fire fighters to gatn admtttance to the
premises in the performance of their duties.
302.20 PENALTIES
Any violation of this Chapter is a misdemeanor and is sub,7ect
toall penalties provided for such violation under the provisions
of Chapter 901 of this Code.
302.21 SEEING EYE DOGS PERMITTED IN PUBLIC PLACES
Whenever any blind person accompa m ed by a°seeing eye" or
9uide dog presents himself/herself for accomodation or service
on any public conveyance vehicle nr to any cafe, restaurant,
store, or other place of business open to the public, tt
shall be unlawful for the propriztor, manager or operator of
such vehicle or place of business to refuse admission to the
dog or service to the blind person.
302.22 CRUELTY TO ANIMALS
M�nnesota Statutes 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.
INTERFERENCE
WITH ANIMAL
CONTROL OFFICER
GUARD DOGS
WARNING
GUAR� DOGS
AUTHORIZA7ION
PENALTIES
SEEING EYE
DOGS
CRUELTY TO
ANIMALS
302.23 REPEAL REPEAL
Old Chapter 302 of the Fridley City Code is hereby repealed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY
OF JUNE , �g77
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MAYOR - WILLIAM . NEE
ATTEST�
���� L�' JC� .�U ��. ;1,.,...nf�
CITY CLERK - MARVIN C. BRUNSELL
First Reuding. Mav 16 1977
Second Reading: 7i,,,P F�_�A��
Publish: �imP 15 1977
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