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<br />- -.-- <br /> <br />/ <br /> <br /> <br /> <br />. . anywhere, including dogs found on the killed by the Police Officers without noti.ce <br />City of Mounds View private property 01 their owners, within to the owner 01 said dog pursuant to Mon- <br />ORDINANCE NO. 460 the City of Mounds View in violation of nesota Statutes 1953, Section 35.69. . <br />CITY OF MOUNDS VIEW this chapter. The Community Service Of- Subdivision 22. Cr~elty to Dogs. Mm- <br />COUNTY OF RAMSEY ficer is further empowered and instructed nesota Statutes Sections 343.20 to 343.37 <br />STATE OF MINNESOTA to enter any private premises where they are hereby adopted by refer~nce and.shall <br />It.. A.DINANCE AMENDING THE have reasonable cause to believe there be in full force and effect In the ~Ity of <br />MUNiCIPAl:. CODe OF THE CITY OF is an unlicensed dog or a dog which is in Mounds View as if set out here in full. <br />MOUNDS VIEW BY REPEALING violation of any of the provisions of this Subdivision 23. Clean Up. Any pe.rs~n <br />CHAPTER 9t, ENTITLED, "ANIMALS" chapter, who owns. harbors, or keeps a dog wlthon <br />AND ADOPTING A NEW CHAPTER 91, ~City Council may designate by the City 01 Mounds VIew shall clean up all <br />ENTITLED, "ANIMALS" resolution a privately owned and op' feces of the dog and dispose of such feces <br />The City Council of the City of Mounds erated facility designed and operated to in a sanitary manner. . <br />View does hereby ordain: house animals with qualified personnel Subdivision 24. Guard Oogs. <br />SECTION I. Chapter 91, Entitled, who shall attend tothe maintenance of the (1) Business located within the City and <br />"Animals" is herebY repealed. facility and animals contained therein maintaining a guard dog for se- <br />SECTION II. The new Chapter 91, as the municipal pounds. Such facility may . curity purposes shall post notice at <br />"Animals" is herebY adopted as attached. be located within or without of the mu. . the entrance to the premises of <br />SECT ION I". ThiSQrdinance shall take nicipatity. the presence of said dog. <br />effect thirty days after the date of its Subdivision 11. Change of Address. An (2) Businesses maintaining a guard <br />publication. owner who has obtained a dog license dog shall file with the City a re- <br />Read by the Council of the City of shall notify the Clerk-Administrator of lease authorizing the police or fire <br />Mounds View on this 27th day of February, owner's address changes within the cor- departments to shoot said dog in an <br />1989. porate limits of the City during the life of emergency situation, if necessary, <br />Read and passed by the City Council of the dog and within ten (10) days of any in order to allow a police officer or <br />the City of MoundS View this 24th April, address change. fire fighter to gain attendance to the <br />1989. Subdivision 12. Notice of Impounding. premises in ttle performance of <br />ATTEST: Upon taking and Impounding of their duties. <br />Susan M. Hankner any dog as provided the operator ot tne Subdivision 25. Kennels. <br />Mayor Pound shall immediately notify the Clerk- (1) No person, firm or corporation shall <br />Donald F. Pauleg Administrator of such action and the possess more than two dogs over six <br />Clerk-Administrator Clerk-Administrator shall keep a record months old unless in conformance <br />(SEAL) at the Municipal Office of all dogs so with this subdivision. <br />APPROVED AS TO FORM: impounded, (2) All dog kennelS - residential or <br />Subdivision 13. Redemption. Any dog commercial as defined in Subdi- <br />City Attorney may be redeemed from the pound by the vision 1 must be established bY' a <br />CHAPTER 91 owner with 72 hours by the payment to the special use permit as required in <br />ANIMALS Clerk-Administrator or Pound the license Chapter 40 of this Code. The zoning <br />91.01 Dogs. tee for the current year as provided for classifications as required under <br />Subdivision 1. Definitions in Subdivision 2, together with an im- Chapter 40.04 and 40.06 must be <br />(1) As used in this chapter, "Owner" pounding fee according to the following conformed with. Notwithstanding, <br />means any person, firm, partnership or schedule: any provision to the contrary in <br />corporation owning, harboring or keeping ~st pickup during any 12 consecu. Chapter 40, the owner of a pro. <br />a dog. tive months - $25.00. posed dog kennel shall present a <br />(2). "At large" means off the premises of (2) Second pickup during any 12 con- petition to the Council signed by <br />the owner and not under the control of the secutive months - $50.00 over 50 per cent of all registered. <br />owner or a member at his immediate fami. (3) Third and all subsequent pickups landowners or those occupying <br />Iy, whether by leash or otherwise. dUring any 12 consecutive months - land within 500 feet of the property <br />(3) "Vicious dog" is one that is habitual- $75.00 to be affected, upon the receipt of <br />Iy unruly and untamed or one that is.a ~dition, the current daily fee shall which the Council will then set <br />general public nuisance. be charged for board for each day or the hearing for the special use <br />(d\ ~ kennel - residential. Means part thereof during the time the dog is permit as provided for in Chapter <br />ar ,es where more than two dogs impounded. The fees may be paid on 40. The petition shall contain among <br />0\0 ....nths of age are owned, board- authorization of the Council to its agent, other items of information how may <br />ed, ... .J, or offered for sale. pursuant to an annual contract between dogs the petitioner intends to keep <br />(5) Dog kennel - commercial. Means the City and the designated pound be- on the premises. <br />any premises where more than four dogs ginning January 1 of each year providing (3) The annual license fee for dog ken- <br />over six months of age are owned, board. for the impounding of dogs. All monies nels shall be established by resolu- <br />ed, bred, or offered for sale. collected pursuant to this section shall tion of the City Council. <br />Subdivision 2. License Required. No be submitted by the Pound to the City on Said license fees are due the first <br />dog owner shall keep any dog over six a monthly basis (221). day of September of each year. <br />months of, age within the Municipality Subdivision 14. Release. Upon purchase (4) Kennels and premises used there- <br />unless a license has been issued by the or presentation of a current license tag fore shall be kept in a clean, quiet, order- <br />Clerk.Administrator for a fee established and a receipt for.dog license for the cur- Iy and sanitary condition so as not to <br />by City Council resolution. The fee for rent year and for the fees provided for in constitute a nuisance as deHned in Min- <br />licenses obtained for a period of one year SUbdivision 13, the Pound shall release nesota Statutes, section 561.01. In de- <br />or less shall be one-half of the above fees. to any owner the dog claimed by him termining whether a nuisance exists, <br />(256) upon adequate 'proof of ownership. (221) consideration shall be given to the ken. <br />A certification from a veterinarian shall SUbdivision 15. Disposition of Un- nel's location, location of other residences, <br />accompany an application indicating the claimed Dogs. Any dog which is not and general character of the neighbor- <br />following: claimed or redeemed as provided in Sub- hood. <br />(ll That the dog has been innoculated division 14within 7'1. hQUf5 after impound- SUbdivision 26. Penalty. Any person, <br />for rabies within two years from the date ing may be sold at a fair and reasonable firm, partnership, or corporation violating <br />of application. price to anyone desiring to purchase the any provisions of this chapter shall be <br />(2) That said dog has been spayed or dog if not requested by a licensed edu- guilty of a misdemeanor. <br />neutered when a license is being sought for cational or scientific institution under 91.02 Domestic Ani ma Is. <br />a spayed female or neutered male. Minnesota Statutes, Section 35.71. All Subdivision 1. Definitions. <br />All licenses issued under this chapter sums received above the costs and license (1) "Owner" means any person, firm or <br />shall expire on the ht day of September of fee shall be held by the Clerk.Admin- corporation owning, harboring or keeping <br />the year of their expiration. istrator for the benefit of the owner and a domestic animal. <br />Subdivision 3. Date of Payment. It shall if not claimed in one (1) year, such funds (2) "At large" means off the premises <br />be the duty of each owner of a dog to pay be placed in the General Fund of the of the owner. (3) "Domestic animal" <br />the bi-annual license fee imposed in Sub' Municipality. Any dog which is not claimed means any cattle, horses, mules, sheep, <br />division 2 to the Clerk-Administrator before by the owner or sold shall be painlessly swine or goats. <br />the first day of September in the year killed and disposed of by the Pound. (4) "Private property" means all <br />"Which licenses are to be renewed, or upon Subdivision 16. Summary Destruction premises owned by private individuals, in- <br />.. : acquiring ownership or possession of any of Dogs. Whene_ver the Community Serv- eluding all structures located thereon, front <br />unlicensed dog or upon - es'tabllshing ice Officer or any Police Officer has yardS.,' side yardS and back yardS. <br />residence in Mounds View. The Clerk' reasonable cause to believe that a par- Subdivision 2. public Nuisance. It is <br />Administrator shall cause a notice of the ticular dog presents a clear and immediate hereby declared to be a public nuisance af- <br />necessity of paying such license fee to be danger to the residents of the City of feeting the public peace, safety and welfare <br />printed in the fega+newspapet' City News. Mounds View because it is infected with to keep or raise any domestic animals ~s <br />etter one time before the 15th day of Aug- rabies or because of a clearly demon- defined herein on private property within <br />UStOf the year in which licenses expires. strated vicious nature, any Mounds View the Municipality. <br />(221) Police Officer after making a reasonable 91.03 Raising of Animals. <br />Subdivision 4. Receipts and Tags. Upon attempt to impound such dog may sum. subdivision 1. Definitions. <br />payment of the license fee, the Clerk- marily destroy said dog. (1) "Raising" The maintaining and <br />Administrator shall execute a receipt in Subdivision 17. Vicious Dogs. Whenever breeding as a hobby or as a commercial <br />duplicate. He shall deliver the Qriginal the Community Service Officer determines enterprise _any animal defined herein. <br />receipt to the person who paid the fee, reo that any dog has bitten any person, such (2) "Keeping" providing food, water, <br />taining the duplicate. He shall give an ap- dog may be deemed to be vicious for the and shelter for any animal defined herein_ <br />propriatetag to the owner. The tags shall purpQse of this chapter. Such animal (3) "Animal" Any mammal of the rodent <br />be metallic and shall be of a different size shall be impounded for a period of ten family, including but not necessarily <br />and design each license period. (10) days ore more at the expense of the limited to, rabbits, .hares, and hamsters, <br />Subdivision 5. Affixing Tags. The owner owner of said animal. Except for the time and any fowl includ~ng but not necessari- <br />shall cause said tag to be affixed by a per- limit, disposition or redemption shall Iy limited to chickens, pigeons, ducks or <br />manent metal fastener to the collar of the be in accordance with the provisions of g'eese. <br />dog so licensed in such manner that the tag chapter. The quarantines required by this (4) "Private property" All premises <br />may be easily seen. The owner shall see section shall not be necessary and the owned by private individuals, including all <br />that the tag is constantly worn by said dog. requirements may be waived whenever structures located thereon, front yards, <br />Subdivision 6. Impounding. fhe--Mu- the owner of such dog, immediately upon side yards, and back yards. <br />n~~-E:ommunj.1'f-Ser-Yit:e-of+teer'5-shafl receipt of notice that a dog In hiS control Subdivision 2. Permitted. 1t shall be <br />take-up-and-tmpeund-MtY-deg5-feundwith- or possession has bitten a person, pre- lawful to keep or raise not more than two <br />j.n--t-he--Muntc~y--wtthottt"-t-he-.tag--as sents to the Community Service Officer animals, as herein defined, on the private <br />provtded.-fetr--ifl--&ttbd1....15if>f't-.....he1"eOf..--TQ or a Police Officer a Certificate of a Li- property of the owner of said animals ex. <br />ettfiOr<Ce..ft1...!Id~:h6p1et"-sa;dt-Gmmunj..y-Ser..... censed Veterinarian indicating that the dog cept where such animals shall constitute <br />ice--Offker-'and-.PoHce-.Gfftce1"s--are'em- has been vaccinated for rabies on a date a public nuisance. <br />p6Wef'e6..afld-.+A5.rtteted--to..et'ttet"ml:tf)Gt1 not less than twenty-four (24) months Subdivision 3. Complaints. It shall be <br />8ftV--pr+v-ate--p,.emises-.whefe-.~'-hiWe prior to the date of such notice. the duty of the Police Department to in. <br />rf' ...,nle--{;at:t5e-to."beHeve-.thef'e-1s'iln Subdivision 18. Seeing Eye Dogs. When' vestigate all complaints submitted to the <br />I ,.,i-..eGg; Duplicate Tags. In case ever a blind person accompanied by a Council and if after investigation there ap. <br />~ i tag is lost, a duplicate may be "seeing eye dog" or guide dog presents pears to bea violation of this chapter the <br />iSSuedDy the Clerk'Administrator upon himself for accommodation or service investigating officer shall sign a <br />presentation of a receipt showing payment on any public transit vehicle or to any complaint. <br />of a license fee for the current year. A restaurant store or other place of business Subdivision. 4. Penalty. Any person, <br />charge of two dollars ($2.00) shall be made open to the public, it shall be unlawful firm, partnership or corporation violating <br />for each duplicate tag. for the owner, manager, operator or any any provision of this chapter sha,1l be gUil- <br />Subdivision 7. Offense Involving Tags. employee of such vehicle or place of busi- ty of a misdemeanor. (157) <br />It shall be unlawful to counterfeit or at- "esS to refuse admission to the dOg or 91.04 Wild Animals. . <br />tempt to counterfeit the tags provided for service to the blind person. Subdivision 1. Definitions. <br />in Subdivision 3 of this chapter or for any Subdivision 19. confinement of Dogs. (1) "Owner" m~erson, firm or <br />person other than the owner to take from (1) Every dog shaH be restrained Qff corporation owning, harboring or keeping <br />any dog a tag legally placed upon it by its the premises of its owner by means of a a wild animal. <br />owner. leash not to exceed 6 feet in length and (2) "At large" means off the premises of <br />SUbdivision 8. Refunds. No dog tag every dog in heat shall be confined in a the owner. <br />shall be transferred and no refunds shall building during such entire period and (3) "Wild animal" means any animal or <br />be made on any license fee beeause of leav- until such dog shall not attract other dogS reptile which, in its uncaptured wild or un <br />ing the Municipality or death of the dog on account thereof. All dogs shall be con" domesticated state, has the physical <br />before the expiration of the licensing fined on the premises of its owner by leash capacity to be dangerous to the safety and <br />period. or by adequate fencing. welfare of any person. <br />Subdivision 9. Restriction on Certain (2) The owner of any dog shall not per- Subdivision 2. Permitted number_ No <br />Dogs. No person shall keep or harbor a mit said dog to be on any public beach, owner shall have in his possession more <br />dog which habitually barks or cries. No school playground, public playground or than one wild animal, as herein defined, at <br />~ dog owner shall permit his dog to damage public park unless such dog is leashed and anyone time. <br />:. any lawn, garden, or other property. No under the control of said owneer or his SubdivisiQn 3. Confinemen~ of Wild <br />". person shall own, or harbor a fierce or agent. Animals. <br />{ vicious dog, or a dog that has been bitten ----rJ)Any Police Officer or Community 0fN0 wild animal shall be allowed by <br />I'. bY any animal known to have been af- Service Officer of the Municipality shall its owner to run at large in the Municipali- <br />; flieted with rabies. Any person who shall take up an'd im.pound any dog found in ty, whether or not the wild animal is at. <br />0;; have in his or her possession adog which violation of this section, and release it tended by a human being and shall be con. <br />has been bitten by an animal known to only upon payment of fees as provided for fined to a cage or building located on the <br />have been afflicted with. the rabie!"t, shall in this chapter. owner's premises. <br />upon demand of the Healtll Officer or Subdivision 20. Interference with Of. (2) Any wild animal found running at <br />any Police Officer of the Municipality, ficers. It shall be unlawful for any un. large may be immediately destroyed, <br />produce and surrender said dog to said authorized person to break open the pound without notice to the owner, by or under the <br />officer, to be held for observation and/or or to attempt to do so, or to take or let direction of the Community Service Officer <br />treatment; that with the approval of the out any dogs therefrom, or to take from or a Police Officer if said wild animal can. <br />Health Officer any such dOg may be sur- any police officer or Community Service not be taken up and impounded after <br />rendered to a registered Veterinarian, or Officer any dog taken up by him in com- reasonable effort or without serious risk to <br />to any approved non-profit corporation pliance with this chapter or in any man- persons attempting to impound it. <br />organized for the purpQse of sheltering ner to interfere with or hinder such officer Subdivision 4. Penalty. Any person, <br />dogs. . or Community Service Officer in the dis- firm partnership, orcorporation violating <br />-:SUbdivision 10. Establishment of Pound. charge of his duties under this chapter. any provision of this chapter shall be guit- <br />(1) The Council shall from time to time Subdivision 21. Muzzling Proclamation. ty of a misdemeanor. <br />appQint such person, or persons or firms Whenever the prevalence of Hydrophobia (Published In MoundS View/New <br />as the Council may deem necessary and or Rabies renders such action necessary, Brighton Foscus May 3, 1989) <br />....n3/jsable as Community Service Officer to protect the public health, safety and <br />"'Irk with the Police Officers in the welfare, the Mayor shall issue a proclama- <br />,ement of this chapter and shall be tion ordering every person owning or <br />..- -. ~...Ad with all authority conferred hereby. keeping a dog to confine it securely on his <br />J The Council may provide for such 'com- premises unless it is muzzled so that it <br />... pensation for a Community service Of- cannot bite. No person shall violate such <br />~ ficer as it may deem reasonable. proclamation and any unmuzzled dog <br />l The Community Service Officer. and running. at large during the time fixed <br />any Police Officer is empowered to and in the proclamation shall if pQssible be <br />Shall take up---'1d impound any dogs found picked up and impounded or if necessary <br /> <br />" '" '.~ ". "..., -... '''~ ,,} M <br />- .. .- - - - ...." .~, . ~ ..~' ~ <br />