VII.3. First Reading Ordinance Amending Chapter 6 of the Hopkins City Code Regarding Animals; Domeier
June 2, 2020 Council Report 2020-036
ORDINANCE AMENDING CHAPTER 6 OF THE
HOPKINS CITY CODE REGARDING ANIMALS
Proposed Action
Staff recommends adoption of the following motion: Move to adopt for first reading Ordinance
2020-1149 An Ordinance Amending Chapter 6 of the Hopkins City Code Regarding Animals.
Overview
The City Council adopted the City Code Recodification Project in January, 2020. After the
adoption, staff found an error in Chapter 6 related to the maximum number of dogs and cats that
are allowed per dwelling unit. Staff proposes bringing back the original language of Section 6-27
limiting dogs to not more than two dogs and improve the code by clarifying not more than four
pets per dwelling unit are allowed.
Inspections staff reviewed the animal ordinance and proposes additional changes based upon the
types of animals and conditions they are seeing on inspections. The proposed changes include the
addition of ferrets, nuisance cats and the feeding of wild animals to the code.
Primary Issues to Consider
Inspections staff has had inspection cases where there are lots of white rats or multiple
ferrets. Staff has to use the nuisance ordinance or state statutes to address the issues caused
by numerous pets.
Inspections staff is proposing that ferrets be added to the code as they often see ferrets on
inspections mainly while conducting rental inspections or code enforcement cases.
Supporting Documents
Proposed Ordinance 2020-1149
Amy Domeier, City Clerk
Financial Impact: $____________Budgeted: Y/N ____ Source: ________________
Related Documents (CIP, ERP, etc.): _______________________________________
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2020-1149
ORDINANCE AMENDING CHAPTER 6 OF THE
HOPKINS CITY CODE REGARDING ANIMALS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 6-25 of the Hopkins City Code is hereby amended to add the double-
underlined language and delete the stricken language as follows:
Sec. 6-25. - State law adopted.
M.S.A. chs Chapters 346 and 347, as they pertain to domestic dogs and cats, are adopted by
reference as though fully set forth herein. Any violation of the statutes adopted by reference is a
violation of this Code.
SECTION 2. Section 6-27 of the Hopkins City Code is hereby amended to add the double-
underlined language and delete the stricken language as follows:
Sec. 6-27. - Maximum number of dogs and cats; exceptions.
No person shall keep, harbor or maintain in any individual dwelling unit within or upon the
property located within the city a combination of dogs and cats totaling more than four animals
over the age of six months. This includes any combination of dogs, cats, ferrets, reptiles, birds,
etc. but not more than two dogs and does not include fish. Animal shelters, veterinary hospitals,
and humane societies are exempt from this prohibition.
SECTION 3. Section 6-28 of the Hopkins City Code is hereby amended to add the double-
underlined language and delete the stricken language as follows:
Sec. 6-28. - Proper confinement, care and maintenance; revocation of license upon violation.
(a) All dog owners within the city shall:
(1) Keep their dogs under restraint at all times and exercise proper care and control of their
dogs to prevent them from becoming a public nuisance;
(2) Provide their 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;
(3) Confine female dogs 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;
(4) Maintain their dogs and the area where dogs are kept so that no odor that offends the
senses of a reasonable person is detected for more than one day by persons off the
property where the animal is kept;
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(5) Clean up bodily wastes from their dogs in a timely and sanitary manner that prevents
health risks and prevents odors that are prohibited by this article; and
(6) When on public property or the private property of another, clean-up any feces of their
dogs and dispose of such feces in a sanitary manner.
(b) No dog owner shall cause or permit a dog to be beaten, cruelly mistreated, tormented,
overloaded or otherwise abused.
(c) No dog order owner shall cause or permit a dog fight or abandon a dog.
(d) A dog license issued to a person convicted of a violation of this section 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.
SECTION 4. Section 6-29 of the Hopkins City Code is hereby amended to add the double-
underlined language and delete the stricken language as follows:
Sec. 6-29. - Nuisance dogs and cats.
(a) What constitutes public nuisance. The following are declared to be public nuisances:
(1) Any dog or cat that shall, by any noise, unreasonably disturb the peace and quiet of any
person in the vicinity;
(2) Any dog or cat running at-large;
(3) Any dog or cat that damages plantings or structures or urinates on private property
without the consent of the owner or possessor of the property;
(4) Any dog or cat 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;
(5) Any dog or cat that, when unprovoked, inflicts bites on a domestic animal on public or
private property;
(6) Any dog or cat 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;
(7) Any dog or cat that enters or is present on public or private property without the
permission of the owner or contrary to city ordinance.
As used in this section, the term "unreasonably disturb the peace and quiet" includes, but is not
limited to, the creation of any noise by any dog that 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) Complaint procedure. Any person aggrieved by a dog or cat nuisance may direct a written
complaint to the animal 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 animal control authority shall notify the person owning or keeping the dog of
the complaint and request a response to the allegation within 48 hours. If, after completing its
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investigation, the animal control authority determines the dog to be nuisance, a charge may
be made against the owner or keeper of the dog or cat.
(c) Impoundment. If a nuisance dog or cat is impounded, it shall be held and disposed of in
accordance with M.S.A. § 347.05.
SECTION 5. Section 6-47 of the Hopkins City Code is hereby amended to add the double-
underlined language and delete the stricken language as follows:
Sec. 6-47. - Keeping and sale prohibited.
(a) Generally; enumerated. No person shall keep, maintain or harbor within the city any animal
or species prohibited by federal or state law or any non-domesticated animal or species,
including, but not limited to, the following:
(1) Any farm animal.
(2) Any skunk, raccoon, bear or badger.
(3) Any cat of the family felidae such as lions, tigers, jaguars, leopards, cougars and ocelots,
except commonly accepted domesticated house cats.
(4) Any member of the family canidae, such as, wolves, foxes, coyotes, dingos and jackals,
except domesticated dogs.
(5) Any crossbreed such as the crossbreeds between dogs and coyotes or dogs and wolves
but does not include crossbred domesticated animals.
(6) Any poisonous pit viper such as a rattlesnake, coral snake, water moccasin or cobra.
(7) Any other animal not listed explicitly above but which can reasonably be defined as a
wild animal or animal prohibited by this section.
(b) Sale. No person shall offer for sale, within the city limits, any animal prohibited in subsection
(a) of this section.
(c) Temporary conditional use permit. Any persons desiring to keep animals prohibited under
this section shall obtain a temporary conditional use permit from the city council. Such a
permit shall be issued for a period not to exceed 30 days and shall specify further conditions
under which such animals shall be kept; provided, however, that no such permit shall be issued
unless the prohibited animal is brought into the city for entertainment, exhibition, show or
promotional purposes only. Before issuance of any temporary conditional use permit, the
applicant shall provide the city with proof of insurance including public liability insurance.
(d) Exceptions. The keeping and permit restrictions of this section shall not apply to the
following:
(1) Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats,
guinea pigs, chinchillas, ferrets, or lizards, and similar small animals capable of being
maintained continuously in cages.
(2) Animals kept by persons for a public zoo as volunteers, teachers or otherwise.
(3) Animals kept by any bona fide research institution or veterinary hospital are exempt
from the permit requirement of this article; provided protective devices adequate to
prevent such animals from escaping or injuring the public are provided.
(4) Handicapped persons keeping monkeys trained as household helpers.
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SECTION 6. Section 6-49 of the Hopkins City Code is hereby created to add the double-
underlined language as follows:
Sec. 6-49. – Feeding Wild Animals
(a) No person shall feed deer, raccoons, wild turkeys, coyotes, opossum, Canada goose or any
prohibited animal identified in 6-47 within the boundaries of the city.
(b) No person shall place or permit to be placed on the ground, or within five feet (5’) of the
ground surface any grain, fodder, salt licks, fruit, vegetables, nuts, hay or other edible
materials (not including feed for birds), which may reasonably be expected to result in deer,
raccoon, wild turkey, coyote or Canada goose feeding, unless such items are screened or
protected in a manner that prevents such feeding. The presence of living fruit trees and other
live vegetation shall not be considered feeding.
(c) The prohibitions in this section shall not apply to:
(1) Veterinarians, city animal control officers or county, state or federal game officials who,
in the course of their duties, have deer, raccoon, coyote, wild turkey or Canada goose in
custody or under their management;
(2) Any food placed upon the property for purposes of trapping or otherwise taking deer
where such trapping or taking is pursuant to a permit issued by the Minnesota Department of
Natural Resources.
(d) In addition to being a violation subject to the general penalty provisions of the City Code, a
violation of this section is declared to be a nuisance affecting public peace.
SECTION 7. Section 6-73 of the Hopkins City Code is hereby amended to add the double-
underlined language and delete the stricken language as follows:
Sec. 6-73. - Impoundment.
(a) Authority to impound; holding period. 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
animal control authority, or the county humane society Animal Humane Society and
impounded in the designated animal shelter and there confined in a humane manner. In
addition, the animal control authority may impound any animal involved in any other violation
of this chapter or state law, and animals that constitute a present or potential danger to human
beings or other animals.
(b) Exception for dogs at-large when owner is located. 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.
(c) Notice to owner. 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.
(d) Holding period. 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
so by the city.
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(e) Time during which animals may be reclaimed. 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.
(f) Fees and other charges. 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.
(g) No waiver of criminal proceedings. The reclamation shall not be interpreted as a waiver of
any criminal proceedings against the owner for the violation of this section.
SECTION 8. The effective date of this ordinance shall be the date of publication.
First Reading: June 2, 2020
Second Reading: June 16, 2020
Date of Publication: June 25, 2020
Date Ordinance Takes Effect: June 25, 2020
By: ____________________________
Jason Gadd, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk