2014-1082 Amending Section 925 Domestic AnimalsCITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2014-1082
ORDINANCE AMENDING SECTION 925 DOMESTIC ANIMALS
OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Hopkins City Code Section 925 is amended by adding the following underlined
language and deleting the stfiked,.-eugh language:
925.00 Adoption by reference. Minnesota Statutes, Chapters 346 and 347, as they pertain to domestic
dogs and cats, are adopted by reference and are as much a part of this code as if fully set forth herein.
Any violation of the statutes herein adopted by reference is a violation of this code.
925.01. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have
the meanings given them.
Subd. 2. "lam—Animal Shelter" means premises designated by the council for the
purpose of caring for animals impounded pursuant to this section.
Subd. 3. "Owner" means a person who owns, keeps or harbors any animal as defined in
925.0 1, Subd. 11.
Subd. 4. The term "under restraint" means on a leash of not more than six (6) feet in
length and in the custody of a person of sufficient age to adequately control the dog; in a vehicle, or on
the owner's property.
Subd. 5. "Veterinary hospital" means an establishment maintained and operated by a
licensed veterinarian for the diagnosis of and care of animals.
Subd. 65. "Dog at large" or "running at large" means a dog not on the owner's premises and
not under restraint.
Subd. -76. "Tag" means the license tag required under this section.
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Subd. 447. "Animal" means any warm blooded mammal, inclusive of, but not limited to
dogs and cats, as well as any reptiles or birds. For purposes of this ordinance, when the specific animal
type is not described, such as dog, the term animal shall apply to all forms of animals as described herein.
For the purposes of this section "Animal" does not include any of the animals defined in Section 940 of
the Hopkins City Code.
Subd. 9. "Potentially dangerous animal" as defined in Minn. State Statute.
Subd. 10. "Dangerous animal" as defined in Minn. State Statute.
Subd. 11. "Animal Control Authority" means the Hopkins Police Department.
Subd. 12 "Person" means an individual, firm, partnership or corporation.
Subd. 13. "Premises" means a building, structure, shelter or land where a dog or other
animal is kept or confined.
Subd. 14 "Dwelling Unit" as defined in Hopkins Zoning Code 515.07 subd. 76.
925.03. License required. No person may own, keep, harbor or have custody of a dog over six months of
age without first obtaining a license therefore from the clerk. A dog with a valid license from some other
jurisdiction may be kept in the city temporarily for a period not exceeding three months.
925.04. Rabies Vaccination. All dogs over six months of age must have current rabies vaccination. Dogs
must wear their current vaccination tags at all times.
925.05. Nonresident dog owners. A person who is not a resident of the city may keep an unlicensed
domestic dog in the city for a period of not to exceed 30 days. The dog must be under restraint.
925.07. License expiration. Dog licenses expire on the same date that the rabies vaccination expires.
(Amended Ord 2005-945)
925.09. Applications. Subdivision 1. Annual Licenses. Applications for dog licenses may be made at any
time during the year, and must be made not later than 30 days from the date of the acquisition of a dog,
and (iii) not later than 30 days from the date of the moving of a dog into the city. A separate application
must be made for each dog. The application shall state, among other things, the date that the dog first
arrived in the city, the dog's color, name and breed, the name and address of the dog's owner, current
vaccination number, and such other information as may from time to time be required by the clerk.
(Amended Ord 2005-945)
Subd. 2. Two or Three Year Licenses. Owners whose dog or dogs have received rabies
vaccinations which are effective for more than one year may apply for a two year or three year license,
depending on the type of rabies vaccination. When making application for a multi-year license, the owner
must submit all the information required for an annual license as well as documentation indicating that the
dog has received a rabies vaccination which is effective through the license period. These licenses may
only be issued for dogs that have been spayed or neutered. (Amended Ord 2005-945)
925.11. Fees. Applications for dog licenses must be accompanied by the fee set by city council
resolution.
925.13. License conditions. ' A dog license may be issued upon a showing by the applicant that the
applicant is prepared to comply with all the rules, regulations and requirements for the humane care of the
owners' dogs and with the provisions of this section and other applicable state and local laws.
925.15. Tags. The clerk shall issue to the owner of a licensed dog a metallic or durable plastic tag
stamped with an identifying number with the date of expiration and so designed that it
may be conveniently fastened to the dog's collar or harness. The tag must remain fastened and shall be
worn by the dog at all times. The clerk shall maintain a record of dog licenses.
925.17. Tags, lost or mutilated. In the event that a valid license tag shall be lost or mutilated, the owner
must secure a new tag from the clerk upon the payment of the fee set by city council resolution.
925.21. Tags, counterfeit and unlawful attaching. It is unlawful to counterfeit or attempt to counterfeit a
dog license tag, or to take from any dog a tag legally placed upon it by its owner, or to place any
unauthorized tag upon a dog.
925.23. Tags, refunds. Dog license fees are not refundable.
925.24. Maximum Number of Dogs and Cats. No person shall keep, harbor or maintain more than two
dogs or four cats over the age of six months within or upon the property of any individual dwelling unit
within the City of Hopkins. Furthermore the total number of dogs and cats in any individual dwelling unit
shall not exceed four. Animal shelters, veterinary hospitals, and Humane Societies are exempt from this
prohibition.
925.25. Duties and responsibilities of owner. A dog owner must:
a) procure a dog license for each dog in the owner's possession or keeping;
b) fasten or attach the proper current dog license to the dog's collar or harness which shall
be worn at all times by the dog;
C) keep owner's dogs under restraint at all times;
d) at all times exercise proper care and control of the owner's dogs to prevent them from
becoming a public nuisance;
e) provide the dogs 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;
f) confine a female dog in heat to the owner's property or any
animal shelter, in such a manner that such female dog cannot come into contact with
other dogs, except for intentional breeding purposes;
g) maintain an animal and the area where it is kept so that no odor that offends the senses of
a reasonable person is detected, for more than one day, off the property where the animal
is kept;
h) clean up the feces and other bodily wastes from the animal in a timely and sanitary
manner that prevents health risks and prevents odors that are prohibited under paragraph
(g) above; and
i) when on public property or the private property of another, clean up any feces of the dog
and dispose of such feces in a sanitary manner. The owner of a dog shall not permit such
dog to be on public property or the private property of another without having in the
owner's immediate possession, a device for the removal of feces. (Amended by Ord
2002-880)
925.27. Treatment. No person may (i) beat, cruelly ill-treat, torment, overload, or otherwise abuse a dog,
(ii) cause or permit a dog fight or (iii) abandon a dog.
925.31. Inspection. It is a condition of a dog license issued to an owner of any dog or dogs that humane
society officers and inspectors, including p liee-effieer-sAnimal Control Authority, shall be permitted to
inspect all dogs at the premises where the dogs are kept at any time.
925.33. Revocation of dog license. The clerk may revoke a dog license if the person holding such license
fails to comply with this section or regulations promulgated by the Animal Control
Authority or a state or local law governing cruelty to animals or the keeping of animals. A license
revocation is in addition to any penalty against a dog owner arising from a violation of this section. Any
person whose dog license is revoked must, within ten days after receipt of due notice from the city,
humanely dispose of dogs owned, kept or harbored by such person and no part of the license fee shall be
refunded.
925.35. Animal bites. An animal which bites a person shall be quarantined for ten days if ordered by the
he Animal Control Authority. During such quarantine, the animal
shall be securely confined and kept from contact with any other animal. The quarantine may be on the
premises of the owner if approved by the Animal Control Authority. If the health
autheFity- mal Control Authority requires other confinement, the owner shall place it in aveterinafy
hespital—an animal shelter at the owner's expense. Animals without current vaccination must be
quarantined at an animal shelter.
925.37. Vieietis ef Daneefetts Animals. Subdivisien 1. The Chief ef Peliee of his or- hef designee is
.
925.01, Subd. 8, Fflay be deeffied a da Ed. The Chief ef Peliee ef his designee, after having
subseetien.
The vyrc[i)i--aicirgefods—uirmcisrshu.. be notified i f'
wrifing as te the dates, fifnes, plaees, and pefsefis biaen, and shall be given tefl days to request a hearing
the date ef said nefiee, the Chief ef Peliee er- his des�gnee may efdef the animal taken inte eustedy fe
destr-uefien in whieh ease the ewner- shall immediately fnake the aftimal available te be takefi ifite etistedy.
The fiefiee r-equifed by this subdivisien shall be suffleient if sent by fifst elass United SteAes Mail te
t if te the
)the animal)
address e f the ewnefs si enee
,J S.
TT if the t� hearing f .. dete,. fflin tie as to the d e
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neAttfe efthe aftifnal, the I I - be held befer-e the Chief ef Peliee ef his designee eA a date fiet ffiefe
the Chief ef Peliee ef his designee shall fnake stieh erdef as he deefns pfepef. If the Chief ef Peliee ef his -
designee efder-s the aflimal taken into eustedy fef destfuefieft the owner- shall, immediately fflake the
Subd. -71 Additional Requirements. The requirements of this subsection shall be in
addition to those contained elsewhere in this section and in other applicable state and local laws.
925.39 Nuisance Doas. Subdivision 1. Dogs that are public nuisances. Any dog which exhibits any of
the following behavior is hereby declared to be a public nuisance.
a) any dog which shall, by any noise, unreasonably disturb the peace and quiet of any person in
the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not
limited to, the creation of any noise by any dog which can be heard by any person, including
the Animal Control Officer or a law enforcement officer, from a location outside of the
building or premises where the dog is being kept and which noise occurs repeatedly over at
least a five minute period of time with one minute or less lapse of time between each dog
noise during the five minute period.
b) running at large;
c) any dog which damages plantings or structures or urinates on private property without the
consent of the owner or possessor of the property;
d) any dog that defecates on public property or on private property without the consent of the
owner or possessor of the property unless the person in control of the dog cleans up the feces
and disposes of such in a sanitary manner;
e) any deg tha4 weffies, ehases, molests, or a#aeks a defnestie aftifnal,
92547L.—Any do
that, when unprovoked, inflicts bites on a domestic animal on public or private property;
D any dog that, when unprovoked, chases or approaches a person, including a person on a
bicycle, upon the streets, sidewalks, or any public or private property, other than the dog
owner's property, in an apparent attitude of attack;
g) entering or being present upon public or private property without the permission of the owner
or contrary to city ordinance.
Subd. 2. Enforcement. Any person aggrieved by a dog nuisance may direct a written complaint to
the 14epkins Peliee DepaftfflentAnimal Control Authority stating the acts complained of, the name and
address of the owner of the dog, and the name and address of the complainant. Upon receipt of such a
complaint, the peliee depaftmefl4Animal Control Authority shall notify the person owning or keeping the
dog of the complaint and request a response to the allegation within forty-eight hours. If, after completing
its investigation, the Peliee nepaftfftefilAnimal Control Authority determines the dog to be nuisance, a
charge may be made against the owner or keeper of the dog. Any person found to have violated the
provisions of this section shall be guilty of a petty misdemeanor.
925.41. Animal Control GffieefAuthority. Subdivision 1. Appointment. The eit-y-Animal Control
Authori may appoint such person, persons, or firms as the city may deem necessary and advisable as
Animal Control Officer. Such appointees shall work under the supervision of the Hopkins peliee
depart Animal Control Authority and shall be responsible for the enforcement of this Section.
Subd. 2. Duties. Animal Gentfel Offieefs „_ The Animal Control Authori . is authorized
to enforce the provisions of this Section and other related ordinances and statutes pertaining to animal
control, including the issuance of citations.
Subd. 3. Unlawful Acts. It shall be unlawful for any unauthorized person to break into an
peund animal shelter, or attempt to do so, or to take or set free any animal taken by the Animal Control
Offieer Authority in the enforcement of this Section, or in any way interfere with, hinder, or molest, such
O€fteer Authori1y in the discharge of his or her duty under this Section.
925.43. Petind-Animal shelter. The manager --Animal Control Officer or his designee shall establish an
pe}x3d animal shelter by contracting with an animal shelter, pet hospital, or other firm, in which shall be
confined any animals taken up by the Animal Control G4fieer-Authorijy or other officers of the city. The
petit animal shelter may be within the city limits or within an adjacent city.
925.45 Impounding. Subdivision 1. In addition to any penalties for the violation of this section or any
regulation thereunder, an unlicensed dog or a dog at large may be taken by the peliee he Animal Control
O ffievr Authority or the Humane Society of Hennepin County and impounded in the designated petmd
animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than
five days unless reclaimed by their owners. If by a license tag or other means the owner of any
impounded dog can be identified, the Animal Control Officer, the clerk or deputy shall make a reasonable
attempt to notify the owner by telephone or mail of the impoundment. Dogs not claimed by their owners
within five days of such notice, if such dog is wearing a proper dog license, or within five days after
impoundment if the owner of such dog cannot be identified, shall be humanely disposed of by an agency
delegated so to do by the city.
Subd. 2. The Animal Control Authority
may impound any animal involved in a violation of this Ordinance, or animals that constitute a present or
potential danger to human beings or other animals, at the designated petind -animal shelter or other
appropriate boarding facility.
925.47. Impoundment, when not required. If a dog is found at large and its owner can be identified and
located, the dog need not be impounded, but may instead be returned and taken to the owner. In such
case the officer returning the dog may proceed against the owner for violation of this section.
925.49. Reclaiming animals. An owner reclaiming an impounded animal shall pay to the clerk an
impounding fee and shall be responsible for all resulting charges from the designated animal
shelter or boarding facility. The reclamation shall not be interpreted as a waiver of any criminal
proceedings against the owner for the violation of this section. Animals may be reclaimed during normal
city business hours. Licensed animals may be reclaimed after city business hours per approval of the
Animal Control Authority. (Amended Ord. 2005-942)
925.51. Penalties. Violation of any of the provisions of this section is a petty misdemeanor and each day
the violation continues is a separate violation. A violation of any provision of section 925 may also be
subject to an administrative citation and civil penalties as set forth in Section 355 of this code. A dog
license issued to a person convicted of a violation of subsection 925.27 is automatically revoked on
conviction and a new dog license may not be issued to that person for a period of one year from the date
of conviction. (Amended Ord. #96-782)
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading:
October 21, 2014
Second Reading:
November 5, 2014
Date of Publication:
November 13, 2014
Date Ordinance Takes Effect:
November 13, 2014
By:
Euge J. Nk6well, Mayor
ATTEST:
a W"
Amy Domeier, City Jerk
APPROVED AS TO FORM AND LEGALITY:
City Attorne ignature Date