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HomeMy WebLinkAboutOrdinance 953ORDINANCE NO. 953 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 700, CHAPTERS 701 AND 702 OF THE MOUNDS VIEW CITY CODE RELATING TO POLICE REGULATIONS SECTION 1. The City Council of the City of Mounds View hereby amends Title 700, Chapter 701, Section 701.04 of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: 701.04: DOGS: Subd. 1. Dog at large prohibited. A dog owner violates this section if their dog is at large. Subd. 2. Howling and barking. A dog owner violates this section if the dog which, by frequent and habitual howling, yelping, barking or otherwise, causes annoyance or disturbance to two (2) or more persons; provided that the provisions of this section shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals. Subd. 3. Clean up. Any owner or person having the custody or control of any dog shall: a. Not permit the dog to be on public property or the property of another without having in their immediate possession a device for the collection and removal of feces to a proper receptacle. b. Remove feces left by a dog to a proper receptacle located on the owner's or custodian's property, except that droppings in a park may be placed in an outside park trash container. C. The provisions of this section shall not apply to a blind person with a guide dog or to a person with dogs engaged in search or rescue activities. Subd. 4. Damage to property. No dog owner shall permit a dog to damage any lawn, garden or other property. Subd. 5. Licensing and tags. a. License required; fee established: No dog owner shall keep any dog over six (6) months of age within the Municipality unless a license has been issued by the City Administrator for a fee established by City Council resolution. License shall be renewed biennially. The fee for licenses obtained for a period of one (1) year or less shall be one- half (1/2) of the above fees. 543142v2 DTA MU210-54 Ordinance 953 b. Rabies inoculation certificate: A certification from a veterinarian shall accompany an application indicating the following: (1) That the dog has been inoculated for rabies within two (2) years from the date of application. (2) That the dog has been spayed or neutered, when a license is being sought for a spayed female or neutered male. C. Expiration: Alldeo licenses issued under this Chapter shall expire on September 30 of the year of their expiration. d. Payment of fee: It shall be the duty of each dog owner to pay the biennial license fee imposed to the City Administrator before SeptenibefOctober 1 in the year which the license is to be renewed, upon acquiring ownership or possession of any unlicensed dog; or upon establishing residence in Mounds View. The City Administrator shall cause a notice of the necessity of paying such license fee to be printed in the City Newsletter one (1) time each yor �.-n-cu cpii c. e. Reeeipts and tags: Upon pa)4aenl of the license fee, the City Administrator shall execute a reeeipt-m dupiioate. The City-Administrrater"shall defiv'eF the original rewxpt-to t-h"ersen who paid the fee, retainingg theduplieate. The City Administrator- "shall givean appropriate tag lo the owner. The tag shall be inetallie and shall be of a differ -eat size an design eaeh license period. f Affixing tags: The owner shall cause the a City -issued tag to be affixed by a permanent metal fastener to the collar of the dog in such manner that the tag may be easily seen. The owner shall ensure the dog wears the tag at all times when outdoors. g. Duplicate tags: If a dog tag is lost, a duplicate may be issued by the City Administrator upon presentation of a receipt showing payment of the license fee for the current year. A charge to be determined by the City shall be paid for each duplicate tag. h. Change of address: A dog owner shall notify the City Administrator of any change of address inside the City within ten (10) days. i. Refunds: No dog tag shall be transferred to another dog or dog owner and no refund shall be made on any license fee. j. Offense involving tags: It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for herein or for any person other than the owner to remove from any dog a tag required by this section. Subd. 6. Rabies bites: 543142v2 DTA MU210-54 ordinance 953 2 a. Whenever a dog has bitten a human or a domestic or farm animal, the dog shall be impounded or confined for a period of ten (10) days or more at the expense of the owner of the dog. Except for the time limit, disposition or redemption shall be in accordance with provisions of this Chapter. The impoundment or confinement may be waived whenever the dog owner presents to the Community Service Officer or a police officer a certificate of a licensed veterinarian indicating that the dog has been vaccinated for rabies on a date not less than twenty-four (24) months prior to the date of the bite. b. A dog owner will not keep a dog that has been bitten by any animal known to have been afflicted with rabies. A dog owner who has a dog which has been bitten by an animal known to have been afflicted with rabies shall, upon demand of the Community Service Officer or any police officer of the City, surrender the dog to the officer for observation and/or treatment. With the approval of the officer, the dog may be surrendered to a registered veterinarian or to any approved non-profit corporation organized for the purpose of sheltering dogs. Subd. 7. Impoundment and redemption: a. Fees: the dog owner may redeem a dog impounded after the term of impoundment ends by paying an impoundment fee, boarding charge, and veterinary service charge. Fees not set by the pound shall be determined by the City Council per resolution. b. Upon purchase or presentation of a current license tag and a receipt for the fees required above, the pound shall release the dog to its owner upon adequate proof of ownership. C. Disposition and unredeemed animals: Any dog which is not redeemed within the time allowed by this Chapter may be sold for not less than the amount provided above to anyone desiring to purchase the dog, if the dog is not requested by a licensed education or scientific institution under Minnesota Statutes, Section 35.71. Any dog which is not redeemed by the owner or sold shall be disposed of. d. Time for redemption: All impounded dogs except those confined for observation of rabies, shall be redeemed within five (5) days, not including Sundays or legal holidays, after the dog was impounded. Any dog not redeemed within five (5) days may be sold, destroyed or otherwise disposed of. e. Guard dogs: (1) A business that has a guard dog for security purposes shall post a conspicuous notice at the entrance of the premises of the presence regarding said dog. WIN 543142v2 DTA MU210-54 ordinance 953 3 Subd. 8. Kennels: a. Licensing requirements: The owner of a proposed dog kernel shall submit a license application to the City Administrator. Upon receipt of the application, the City Administrator shall schedule a public hearing at a future City Council Meeting and shall notify all registered landowners or those occupying land within five hundred feet (500') of the proposed kennel at least ten (10) days in advance of the hearing. The kennel license may be issued by the City Council by resolution after a public hearing is held. Kennel licenses shall expire on June 30 of each year. b. License fee: The annual license fee for dog kennels shall be established by resolution of the City Council. The license fes e due Septe ffiber 1 of eaeh year. C. Cleanliness and order; nuisance declared: Kennels and the premises around the kennel shall be kept in a clean, quiet, orderly and sanitary condition so as not to constitute a nuisance as defined in Chapter 607 of this Code and in Minnesota Statutes, Section 561.01. In determining whether a nuisance exists, consideration shall be given to the kennel's location, location of other residences, and general character of the neighborhood. d. Revocation: A kennel license maybe revolted by action of the Council for just cause after providing the license holder with an opportunity to be heard. Just cause shall include any violations of this Code reasonably related to the operation of the dog kennel and/or treatment of animals. e. Persons Ineligible: No license shall be granted to an applicant who has mistreated animals or has been convicted for animal cruelty offenses. f Renewals: Annual renewals of kennel licenses may be approved administratively unless the City has received substantiated complaints related to the dog kennel or any code violations have occurred at the doe kennel during the previous year. SECTION 2. The City Council of the City of Mounds View hereby amends Title 700, Chapter 701, Section 701.06 of the Mounds View Municipal Code by adding the double -underlined material and deleting the strieken material as follows: 701.06: RAISING/KEEPING DOMESTIC OR FARM ANIMALS: Subd. 1. Nuisance Declared: It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety, and welfare for an owner or resident within the City to keep or raise any farm animal, except as noted below. a. Residents on properties zoned R-1, Single Family Residential, may be permitted to keep and raise up to eight (8) chickens and/or ducks under the following conditions and restrictions: 543142v2 DTA MU210-54 ordinance 953 4 (1) Residents seeking approval to keep and raise chickens or ducks shall submit an application, application fee, site plan and coop specifications incorporating generally held best practices. Initial applications shall be considered by the City Council after holding a public hearing on the matter. Renewals may be approved administratively unless the City has received substantiated complaints or related violations have been noted during the previous year. (2) Coop structures shall be set back at least twenty (20) feet from property lines and the subject home; coops shall only be located in rear yards. New coops shall require a permit and shall be considered an accessory building subject to all other conditions referenced in Section 1106.06 of the Zoning Code. (3) Coops and the subject property shall be maintained in a clean and sanitary manner and may be subject to City inspection as may be deemed necessary. (4) Backyard areas within whiek „'...,,'ken or ducks are allowed to 120 shall be fenced to confine said birds chickens or ducks to subject property. (5) Neither roosters nor drakes shall be permitted. (6) No slaughtering or beheading shall be permitted on the subject premises. (7) Food shall be stored in watertight, rodent -proof container. (8) Permits aro • alia or one ye ex ire on December 31 ofeach year and shall be renewed annually. Permits may be revoked or denied by the City Council based on cruelty, negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. Subd. 2. Restrictions: It is unlawful for a dog owner to keep or raise more than two (2) dogs except as allowed under 701.04(h) "Kennels." It is unlawful to keep or raise a domestic or farm animal if it creates a public nuisance and adversely affects the public health and welfare. Subd. 3. Investigation of Complaints: It shall be the duty of the Community Service Officer and the Police Department to investigate all complaints submitted to the Council regarding domestic or farm animals. After investigation, if there appears to be a violation of this Chapter, the investigating officer shall issue a citation. SECTION 3. The City Council of the City of Mounds View hereby amends Title 700, Chapter 702 of the Mounds View Municipal Code by deleting Section 702.01 in its entirety and replacing it with the double -underlined material as follows: 702.01: MISDEMEANORS: The acts types and causes of behavior enumerated in this Section constitute misdemeanors and are punishable as provided in Section 104.01 of this Code 543142v2 DTA MU210-54 Ordinance 953 Subd. 1. Crimes Against Public Safety and Health: A. Discharging or Use of Weapons. W1 No person shall discharge a weapon in any public place in the city, unless otherwise permitted by this Section (2) No person shall carry, possess or display, in a manner intended to cause bodily injury or cause fear of bodily injury, any edged object or instrument such as a knife sword machete or any other device that is designed to oris capable of cutting, slashing, or stabbing or otherwise causing bodily injurywithin the Citv W Definitions: a) WEAPON. Includes: (i). Any "dangerous weapon" as the same is defined 609.02. subd. 6, as it may be amended from time to time; ii). Any BB gun or any air gun or any air rifle or any air soft gun or any other device that is designed to or is capable of firing or ejecting any tune of a projectile by any means: or (iii). Any sling shot, wrist rocket, bow, crossbow, or any other device that is designed to or is capable of propelling any type of object by any b) PUBLIC PLACE. Any place in the City of Mounds View. except: a person's residence: a person's place of business if owned or managed by the person; a permitted gun show: or a place of business permitted for the buying or selling of weapons. Exceptions. This section shall not prohibit the following• Ua any law enforcement officer, any member of the armed forces of the Minnesota National Guard or of the United States of America, or any other person lawfully permitted to possess a weapon, to the extent authorized by permit or law, from discharging a weapon in the city pursuant to their official duty or as allowed by their properly -issued e b. It shall be unlawful for any person to enter the water of any lake or public swimmin pool within the limits of the City between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. SECTION 4. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: 543142v2 DTA MU210-54 Ordinance 953 On November 26, 2018, the City Council adopted Ordinance 953 that amends Title 700, Chapters 701 and 702 of the Mounds View City Code. The purpose of the amendment was to modify certain city police regulations, remove outdated code language and unnecessary references and provisions that are regulated by state statute, and update the code to conform to current practices. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.moundsviewrnn.org. SECTIONS. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on November 12, 2018. Second Reading and Adoption by the Mounds View City Council on December 10, 2018. Publication Date: December 21, 2018. d� Carol A. Mueller, Mayor Attest: Nyle Ziy and City Administrator 543142v2 DTA NW210-54 Ordinance 953 7