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HomeMy WebLinkAbout1976-065 Council OrdinancesORDINANCE NO. 65 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE LICENSING AND REGULATING TEE KEEPING OF DOGS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA, AND REPEALING CERTAIN PRIOR ORDINANCES. The Council of the City of Lino Lakes, Anoka County, Minnesota, ordains: SECTION 1. DEFINITIONS As used in this Ordinance, the following words shall have the following meanings: a. "Owner" means any person, persons, firm or corporation owning, harboring or keeping a dog or animal of the dog kind; any person, persons, firm or corporation who keeps, for more than 10 days, a dog or animal of the dog kind, of which the owner is unknown, shall be deemed to be the owner thereof; and any person, persons, firm or corporation caring for a dog or animal of the dog kind for another shall be deemed the keeper of or harboring such animal. AlLof the persons listed in this subsection shall be subject to all of the provisions of this Ordinance. b. "Dog" means any animal of the canine species. c. "At large" means upon the premises of the owner or upon property leased by the owner, unless such dog shall be either (1) under the immediate control of the owner; (2) in the immediate presence of the owner; (3) on a leash, cord or chain of adequate strength to adequately confine such dog; (4) inside of a fence of such height and material as to adequately confine such dog; (5) in a building. "At large" also means off of the premises of the owner and upon the streets, roads or public property, or upon private property, not owned or leased by the owner, unless the owner has permission of the owner of such property and such dog is either (1) under the immediate control of the owner; (2) in the immediate presence of the owner; (3) on a leash, cord or chain not exceeding eight (8) feet, firmly attached to such dog, and which is in the hand of or attached to the owner. SECTION 2. CERTAIN DOGS DECLARED NUISANCES The following dogs are hereby declared to be nuisances and no person shall keep such a dog or dogs in the City of Lino Lakes. a. Any dog running at large. b. Any dog that commits damage to the person or property of anyone other than the owner or keeper or harborer of such dog, except as shall be committed in the defense of such owner, keeper or harborer or his family or property. c. Any female dog that is in heat and off of the premises of the owner, keeper or harborer, unless confined and in the process of being transported to or from said premises, and any female dog in heat that is not kept in a building or secure enclosure where said female dog cannot come in contact with male dogs except for planned breeding. d. Any dog that snarls at persons, bites persons or other animals, or exhibits vicious tendencies, habitually or loudly barks, howls, cries, yelps, or causes noise, disturbance or annoyance to persons residing in the vicinity thereof or which dog frequents school grounds, public beaches or other public lands. Any dog that chases vehicles or interferes with walking pedestrians, the driving of automobiles, bicycles, motorcycles, motorbikes, snowmobiles or other vehicles on public grounds, streets or highways. SECTION 3. LICENSES REQUIRED a. No person shall own, keep or harbor a dog within the City of Lino Lakes, whether in a building or outside of a building, without first securing a license for said dog from the City Clerk -Treasurer, except that a person may have in his possession a dog owned by someone else, which dog shall have a current valid license issued by another governmental unit, but such possession shall not exceed a three (3) week period except with written permission from the City Dog Catcher. b. The City Clerk -Treasurer shall keep an accurate written record of all licenses issued, the date thereof, the person or persons to whom same are issued, the address or addresses of such person or persons, the names and brief description of the dog or dogs for which the license is issued. c. The licenses required hereby shall be issued for any dog or dogs over the age of six (6) months, from date of birth, shall be issued, for a fee of $2.00 for a male or spayed female and $5.00 for an unspayed female, or such sum as set by the City Council by resolution, a copy of which resolution shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular office hours, shall be nontransferable to any other dog, and shall be kept firmly affixed to the dog for which it was issued at all times. There shall be no refund of any license fee. If lost, the license may be replaced by a duplicate by the Clerk -Treasurer for a fee of $1.00, or such sum as set by the City Council by resolution, a copy of which resolution shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular office hours. Licenscf shall be for a one-year period beginning on January 1 of each year. Commencing on .January 1, 1977, and for all years thereafter, if no required license is purchased within the year, by March 1 of such year, the cost of such license shall be $10.00, except for newly purchased dogs and puppies which attain the age of six (6) months, wherein such dogs shall be licensed within thirty (30) days after such purchase (and the owner shall have written proof of purchase) or such attainment of the age of six (6) months, but after such thirty (30) days have expired, the license fee shall be $10.00. There shall be no proration of license fee during any portion of a year when such license is issued. . Upon application for such a license, the applicant shall file with the City Clerk -Treasurer a signed statement adequately identifying such dog, which shall be executed by a licensed veterinarian certifying that such dog has been vaccinated with anti -rabies vaccine and the date thereof, and the City Clerk -Treasurer shall not issue such license unless such vaccination has been had within 24 months prior to the date of the issuance of such license. e. The person to whom any such dog licenses have been issued, shall, prior to the date of the issuance of such license, in every alternate year after the issuance of such license, file with the City Clerk -Treasurer a new veterinarian's certificate as stated above in the last preceding clause d., evidencing revaccination within the 24 month period. If such certificate not be so filed, then the license issued under this Ordinance shall be automatically revoked and such dog shall be deemed to be without a valid current dog license unless and until such vaccination is so had, such certificate thereof so filed and a new license is issued. SECTION 4. IMPOUNDING. The police officers, dog catcher, or anyone else designated by the City Council to do so shall take up and impound any dog in violation of this Ordinance. All dogs impounded shall be kept at the City dog pound for five (5) full days, after which it shall be sold to a private party as a pet or humanely killed and its carcass disposed of or it may be sold to anyone deemed to be a proper person to own a dog or sold to a licensed education or scientific institution pursuant to Minnesota law. SECTION 5. REDEMPTION AFTER IMPOUNDING. Any dog so impounded, may be redeemed from the pound, during said five days, or later if such dog has not otherwise been disposed of, by doing the following: a. Obtaining the license herein required for such dog. b. Paying an impounding fee of $10.00, or such sum as set by the City Council by resolution, a copy of which resolution shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular office hours. c. Paying a boarding fee of $2.25, per day, or such sum as set by the City Council by resolution, a copy of which resolution shall be kept on file in the office of the City Clerk -Treasurer and open to inspection during regular office hours. SECTION 6. COMPLIANCE WITH KENNEL ORDINANCES This Ordinance shall apply only to dogs owned, kept or harbored, to and including two (2) dogs. Any one who shall own, keep or harbor three (3) or more dogs in the City of Lino Lakes must comply fully with the provisions of the City Kennel Ordinance which shall, in no way, be repealed, amended or altered by this Ordinance, except that the holder of a proper kennel license shall not be required to have the licenses required herein for individual dogs. Except that a litter of pups from either of said dogs, and which are under six (6) months of age, shall be allowed. And except that Section 1 of Ordinance No. 37, passed by the then Village Council on May 25, 1964, shall be amended by changing the word "Four (4)" to "Three (3)". SECTION 7. No parent of any child shall knowingly allow his child or a child in his custody, which child is under the age of eighteen (18) years, to tease, tantalize or aggravate any dog. SECTION 8. REPEAL OF PRIOR ORDINANCES Ordinances number 16, passed by the then Village Council on February 27, 1956, number 25, passed by the then Village Council on June 13, 1960, number 25A, passed by the then Village Council on December 27, 1966, number 25B, passed by the then Village Council on January 27, 1972, number 26, passed by the then Village Council on May 25, 1964, and number 36A, passed by the then Village Council on December 8, 1969, are hereby repealed. SECTION 9. PENALTY Any person, persons, firm or provision of this Ordinance shall upon conviction thereof, shall be exceed $300.00 or by imprisonment SECTION 10. EFFECTIVE DATE corporation violating any be guilty of a misdemeanor, and punished by a fine of not to for 90 days, or both. 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 26thday of April, 1976 , 1975. William I. Bohjanen Mayor ATTEST: Edna L. Sarner Clerk -Treasurer (CITY SEAL)