CR 95-122 Animal Ordinance
July 14, 1995 ~ Council Report 95-122
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ANIMAL ORDINANCE
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council adopt
Ordinance number 95-773 for first reading.
Adoption of this motion will begin the process of amending Section 925 of the Hopkins City Code.
Overview
During the past year there have been a number of issues raised concerning animal control in Hopkins. There
have been requests to add cats to the ordinance. There have also been complaints that not enough is being
done to control dogs.
Staff is recommending that the City Council amend the current animal ordinance. The suggested amendments
will clarify the responsibilities of animal owners. However, this ordinance will not automatically result in
improved animal control. This can only be accomplished with increased resources.
e Primary Issues to Consider
. What changes are proposed in the animal control ordinance?
. Should cats be included in the ordinance?
SUDPortin2 Information
. Ordinance number 95-773
52~elliea. J~-
City Clerk
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Council Report #95-122
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Analysis of the Issues:
. What changes are proposed in the animal control ordinance?
The definition of the term "under restraint" is clarified as is the term "running at large". The need for
rabies vaccination is expressly stated in the ordinance. Multiple year dog licenses are authorized.
Animal owners are made responsible for cleaning up after their animals. Vicious and dangerous
animals are separated from animals that are a nuisance. The definition of what constitutes a nuisance
animal is expanded. The term "poundmaster" is replaced by "animal control officer" and it is made
clear that this person or persons can be an employee of the city or a person or firm that the city
contracts with.
. Should cats be included in the ordinance?
If the City Council wished, cats could be added to the animal ordinance. Cats could be made subject to
all the requirements that dogs are, such as licensing, leash laws, and rabies vaccination. Alternatively
cat owners could be required to only comply with certain sections of the ordinance, such as leash laws.
I) Add cats throughout the revised ordinance. Cat owners would be required to have their cats
vaccinated for rabies, licensed, and keep them restrained.
. Advantages: Such an ordinance would give the City a legal basis for picking up and impounding cats.
Cats would have to be vaccinated. Licensed cats that are impounded could be returned to their
owners. The fees could be structured to encourage the neutering of cats. There would be some added
revenue to help offset the increased costs of animal control.
Disadvantages: Enforcement could not be accomplished using current personnel. Additional
resources would have to be devoted to animal control. The additional revenue would probably not
cover the cost of animal control. May well establish the expectation that the animal problem would be
solved.
2) Pass an ordinance requiring all pets to be leashed or confined.
Advantages: The main problem with cats occurs when they roam. Such an ordinance would give the
City a legal basis for picking up and impounding cats. There would be no requirement for cat owners
to license their cats.
Disadvantages: Enforcement could not be accomplished using current personnel. Additional
resources would have to be devoted to animal control. There would be no additional revenue to
support animal control. May well establish the expectation that the animal problem would be solved.
.
Alternatives:
e 1. Approve Ordinance #95-773 for first reading. This would begin the process of amending Section 925
of the Hopkins City Code.
2. Approve Ordinance #95-773 for first reading and direct staff to change the ordinance prior to second
reading to include cats. This would begin the process of amending Section 925 of the Hopkins City
Code. It would also, for the first time, apply this Section to cats.
3. Do not approve Ordinance #95-773 for first reading. This would result in Section 925 remaining
unchanged. Council could also direct staff to make changes to the ordinance prior to first reading.
Recommendation:
Staff recommends Alternative #1. Staff cannot recommend Alternative #2 unless the City Council is willing
to devote more resources to animal control.
.
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. CITY OF HOPKINS COlJNTY OF HENNEPIN
ORDINANCE NO. 95-773
AN ORDINANCE AMENDING SECTION 925
OF THE HOPKINS CITY CODE
The city Council of the City of Hopkins does hereby ordain:
SECTION l. That Section 925 be amended to read as follows:
Section 925 - ~ Domestic Animals
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.
925.0l. Definitions. Subdivision l. For purposes of this section the
terms defined in this subsection have the meanings given them.
Subd. 2. "}\.nimal Ghcltcr" "Pound" means premises designated by the
council for the purpose of caring for animals impounded pursuant to this
section.
. Subd. 3. "Kennel" means any premises, which is not a dwelling unit,
where three or more animals at any time are owned, boarded, bred or offered
for sale. (Amended Ord. No. 89-636, Sec. 1 )
Subd. 4. "Owner" means a person who owns, keeps or harbors a dog.
Subd. 5. "Public nuisance": the term includes but is not limited to
loud, excessive, continuous or untimely barking whining, howling or yelping,
molesting persons, chasing vehicles, attacking other domestic animals, tres-
passing upon school grounds, or trespassing upon private property in such a
manner as to damage property. (Amended Ord. No. 87-588, Sec. 1)
Subd. 6. The term "under restraint" <lpplica to <l dog on the prcffiiIJcG
of ita o....ncr or accoHlpanicd by il rcopon.:iiblc pcroon <lnd under that pcroon r G
control.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 animal, in a
vehicle, or confined to the owner's property by enclosure or fencing.
Subd. 7. "Veterinary hospital" means an establishment maintained and
operated by a licensed veterinarian for the diagnosis of and care of animals.
Subd. 8. "Dog at large" or "running at large" means a dog not on the
owner's premises and not under restraint or control.
Subd. 9. "Tag" means the license tag required under this section.
Subd. 10. "Bodily Harm" means physical pain or injury, illness or any
impairment of physical condition. (Added Ord. No. 87-588, Sec. 2 )
e
. Subd. 1l. "Substantial Bodily Harm" means bodily injury which involves
a temporary but substantial disfigurement, or which causes a temporary but
substantial loss or impairment of the function of any bodily member or organ,
or which causes a fracture of any bodily member. (Added Ord. No. 87-588, Sec.
2)
Subd. 12. "Great Bodily Harm" means bodily injury which creates a high
probability of death, or which caused serious permanent disfigurement, or
which causes a permanent or protracted loss or impairment of the function of
any bodily member or organ, or other serious bodily injury. (Added Ord. No.
87-588/ Sec. 2)
Subd. 13. "Animal" means any warm blooded mammal, inclusive of, but
not limited to dogs and cats, as well as any reptiles or birds of prey. 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. (Added Ord. 87-588, Sec. 2)
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 expirdtion. Dog licenses expire on December 31st of the
year in which issued except for two year dog licenses.
925.09. Applications. Subdivision 1. Annual Licenses. Applications for dog
licenses may be made during the 30 day period prior to the commencement of the
licensing year and thereafter at any time during such year, and mus t be made
(i) not later than 30 days from January 1st of every year, (ii) and 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 ci ty, the dog's col-
or, name and breed, the name and address of the dog's owner, current vaccina-
tion number, and such other information as may from time to time be required
by the clerk.
Subd. 2. Two Year Licenses. Owners whose dog or dogs have received rabies
vaccinations which are effective for at least two years may apply for a two
year license. When making application for a two year license, the owner must
submit all the information required for an annual license as well as documen-
tation indicating that the dog has received a rabies vaccination which is ef-
fective through December 31 of the year after the license is applied for.
These licences may only be issued for animals that have been spayed or
neutered.
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 me-
tallic or durable plastic tag stamped with an identifying number with the year
of issuance 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.
925.19. Tags. I f a licensed dog dies and a new dog is secured by the
owner, the unexpired license may be transferred on application of the owner to
the new dog by payment to the clerk of the transfer fee set by city council
resolution. A person purchasing or otherwise acquiring any dog properly li-
censed by the city during any year may have such valid license and ownership
of such dog changed to the name of such owner upon the payment of the required
transfer fee accompanied by a proper application therefor.
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.
4IIt 925.24. Maximum Number of Dogs and Cats. No person shall keep, harbor or
maintain more than four animals over the age of six months, of which no more
than two may be dogs, within or upon the property of any individual dwelling
uni t wi thin the City of Hopkins. For purposes of this section an animal is
defined as a domestic dog or cat. (Amended Ord. No. 94-744)
925.25. Duties and responsibilities of owner. A dog owner must:
a) procure a dog license annually 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 animals
to prevent them from becoming a public nuisance; and
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.
!l confine a female dog in heat to the owner's property or any
veterinary hospital/clinic, in such a manner that such female dog
cannot come into contact with other animals, except for intentional
breeding purposes.
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. .9l shall be responsible for cleaning up any feces of the animal and
disposing of such feces in a sanitary manner. The owner of an animal
shall not permit such animal to be on public property or the private
property of another without having in the owner's irmnediate
possession, a device for the removal of feces.
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.
925.29. Unspayed female dOgD. ...nJ1 unspayed fem.:Lle dog in heat ffiUOt be
confined in a building or oecured enclooure in ouch manner that ouch female
dog C.:Lnnot come into contact ',,'itt .:Lnother .:Lnimal encept for pl.:Lnned breeding.
925.31. Dog bites. A dog which bites a person shall be quarantined for
ten days if ordered by the health authority or police department. During such
quarantine, the dog 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 city health authority. If the health authority requires other
confinement, the owner shall place it in a veterinary hospital at the owner's
expense.
925.33. 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 po-
lice officers, shall be permitted to inspect all dogs at the premises where
the dogs are kept at any time.
925.35. Dogs running .:Lt l.:Lrge. E'.'ery C"./ner oh.:Lll ](eep a dog under rc
otr.:Lint at all timeo. 7\ dog may not run .:Lt l.:Lrge at any time in the city.
..
. The mlncr of a dog .:Lt Lugc is in viol.:Ltion of this ouboection. U'd'I\cnded Ord.
Ho. 87 588, Sec. 4 )
925.36. Vicious or Dangerous, Huio3.nce Animals. Subdi vision 1. The Chief
of Police or his designee lS authorized to order the impoundment and destruc-
tion or other disposition of any animal which is a vicious, dangerous or ftH4-
O.:Lnce animal as defined in this subsection. (Added Ord. No. 87-588, Sec. 5)
Subd. 2. A vicious animal is an animal which has caused the death of a
person, or has cormnitted substantial or great bodily harm as defined under
925.01, Subd. 11 and 12. (Added Ord. No. 87-588, Sec. 5)
Subd. 3. Any animal which has bitten a person causing bodily harm, as
defined under Subsection 925.01, Subd. 10, shall be deemed a dangerous animal.
The Chief of Police or his designee, after having been advised of the exis-
tence of such an animal, shall proceed in the manner prescribed by this sub-
section. (Added Ord. No. 87-588, Sec. 5)
Subd. 4. J\n animal th.:Lt '.lor rlCS, chaDc::;, molests, or at t.:Lclw a
domestic .:Lnim.:Ll, or peroon upon public or priv.:Lte property, and io not viciouo
or dangerou:J ao defined under Subd. 2 .:Lnd 3 or thio oection is deemed to be .:L
nuioance. The Chief of Police or hiD dCDignce, .:Lfter h.:Lving been ad'v"iDed of
the c}{i:::; tcncc of .cmch .:Ln ;1nim.:LI, :Jhull proceed in the Hlanner preDcribcd by
thi:3 .cmbG eati on. (.7\.dded Ord. No. 87 588, Scc. 5)
.
. Subd. 5. Notice. The owner of any vicious, dangerous or nuioance
animal shall be notified in writing as to the dates, times, places, and per-
sons bitten, and shall be given ten days to request a hearing before the Chief
of Police or his designee for a determination as to whether the animal is a
vicious or dangerous or nuisance animal as defined in this subsection. If the
owner does not request a hearing within ten days of the date of said notice,
the Chief of Police or his designee may order the animal taken into custody
for destruction in which case the owner shall immediately make the animal
available to be taken into custody. The notice required by this subdivision
shall be sufficient if sent by first class United States Mail to the address
of the animal's owner as listed on the animal's license or, if the animal is
unlicensed, to the address of the owners residence. (Added Ord. No. 87-588,
Sec. 5)
Subd. 6. Hearing. If the owner requests a hearing for determination
as to the dangerous nature of the animal, the hearing shall be held before the
Chief of Police or his designee at a date not more than three weeks after de-
mand for said hearing. After considering all evidence, the Chief of Police,
or his designee, shall make a determination as to whether or not the animal is
a dangerous, vicious or nuisance animal and the Chief of Police or his desig-
nee shall make such order as he deems proper. If the Chief of Police or his
designee orders the animal taken into custody for destruction the owner shall
immediately make the animal available to be taken into custody. (Added Ord.
No. 87-588, Sec. S)
Subd. 7. Dangerous or Vicious or HuiDancc Animals at Large. A dan-
gerous, vicious or Ruioance animal running at large shall be apprehended and
if the animal bears no identification which reasonably reveals it ownership,
the animal shall be impounded until the quarantine period is completed. If
. the animal is claimed, the Chief of Police or his designee shall proceed as
provided in subdivision 5, provided that an impounded animal shall not be re-
leased to its owner pending an order under subdivision 5 or Subdivision 6.
(Added Ord. No. 87-588, Sec. 5)
Subd. 8. 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. (Added Ord. No. 87-588, Sec. 5 )
925.37. I1.egulCltionJ. The heo.lth <luthority 3hall promulgClte regulations
Clnd rules governing the iDouClnce of permits and ouch other regulCltiono oh<lll
include requiremento for hum<lne C<lre of the o.,;nero I dogG and for compli.:mce
\lith ClIl proviGiono of thio oection and other Clpplicable otatc and local la~;o.
The health authority may amend ouch rcgulationo from time to time aG it dccmo
deoirablc for the public heCllth Clnd ~:eILHe for the protection of dogG from
cruelty.
925.37 Nuisance Animals. Subdivision l. Dogs that are public nuisances.
Any dog which exhibits any of the following behavior is hereby declared to be
a public nuisance.
a) any animal 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 limi ted to, the creation of any
noise by any animal 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 animal is being kept and which animal noise
occurs repeatedly over at least a five minute period of time with one minute
. or less lapse of time between each animal noise during the five minute period.
el running at large;
. ~ any animal which damages plantings or structures or urinates on private
property without the consent of the owner or possessor of the property;
~ any animal that defecates on public property or on private property
without the consent of the owner or possessor of the property unless the per-
son in control of the animal cleans up the feces and disposes of such in a
sanitary manner;
~ habitually trespassing on any property of persons other than its owner;
gl any animal that worries, chases, molests, or attacks a domestic animal,
or person upon public or private property, and is not vicious or dangerous as
defined under section 925.36.
Subd. 2. Enforcement. Any person aggrieved by an animal nuisance may
make a written complaint to the city stating the acts complained of, the name
and address of the owner of the animal, and the name and address of the com-
plainant. The police department shall then promptly notify the person owning
or keeping the animal and shall order the nuisance abated within 48 hours. If
the animal nuisance is not abated within that time, a charge may be made
against the owner or keeper of the animal, and any person found to have vio-
lated the provisions of this section shall be guilty of a misdemeanor.
925.39. Revocation of dog license. The clerk may revoke a dog license if
the person holding such license abuses or fails to comply with this section or
regulations promulgated by the health authority or a state or local law gov-
erning 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
thereafter, humanely dispose of dogs owned, kept or harbored by such person
and no part of the license fee shall be refunded.
925. 4l. roundm.o.3tcr. Thc ffio.no.gcr oho.ll o.ppoint Q. poundmo.otcr and, Gubjcct
to the o.pproval of the council, preDcribc the compenoo.tion and duticG of the
pound ffi.:lGtcr.
925.4l. Animal Control Officer. Subdivision l. Appointment. The city may
appoint such person, persons, or firms as the city may deem necessary and ad-
visable as Animal Control Officer. Such appointees shall work under the
supervision of the Hopkins police department and shall be responsible for the
enforcement of this Section.
Subd. 2. Duties. Animal Control Officers are authorized to enforce the
provisions of this Section and other related ordinances and statutes pertain-
ing to animal control, including the issuance of citations.
Subd. 3. Unlawful Acts. It shall be unlawful for any unauthorized person
to break into a pound, or attempt to do so, or to take or set free any animal
taken by the Animal Control Officer in the enforcement of this Section, or in
any way interfere with, hinder, or molest, such Officer in the discharge of
his or her duty under this Section.
925.43. Pound. The manager or his designee shall establish a pound ex
contracting with an animal shelter, pet hospital, or other firm, in which
shall be confined any dogs taken up by the poundmo.otcr Animal Control Officer
or other officers of the city. The pound 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 police, the city animal Harden Animal Control
Officer, or the Humane Society of Hennepin county and impounded in the desig-
nated animal oheltcr pound and there confined in a humane manner. Impounded
dogs shall be kept for not less than ~ ten days unless reclaimed by their
owners. If by a license tag or other means the owner of any impounded dog can
be identified, the poundmaoter, the clerk or deputy shall make a reasonable
attempt to notify the owner by telephone or mail of the impoundment. Dogo not
claimed by their mmera ....ithin five clayo of such notice, if such dog is Hea
ring a proper dog licenoe, or '.<ithin five days after impoundment if the O".mer
of ouch dog cannot be identified, Dogs that remain unclaimed within ten days
after impoundment shall be humanely disposed of by an agency delegated so to
do by the city. (Amended Ord. No. 87-588, Sec. 6)
Subd. 2. The Hopkins Police Department or Animal Control Officer 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 .:mimal shelter pound or other appropriate boarding facility.
(Added Ord. No. 87-588, Sec. 6)
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 re-
turning the dog may proceed against the owner for violation of this section.
925.49. Reclaiming dogs. An owner reclaiming an impounded dog shall pay
to the clerk an impounding fee and a daily boarding fee for each day the ani-
mal has been impounded in the amount set by city council resolution. The
. reclamation shall not be interpreted as a waiver of any criminal proceedings
against the owner for the violation of this section. Dogs may be reclaimed
during normal city business hours.
925.51. Penalties. Violation of any of the provisions of this section is
a misdemeanor and each day the violation continues is a separate violation. 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. No. 87-588, Sec. 7)
.
. SECTION 2. The effective date of this ordinance shall be twenty
days after publication.
First Reading: August 1, 1995
Second Reading: August 15, 1995
Date of Publication: August 23, 1995
Effective Date of Ordinance: September 13, 1995
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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City Attorney Signature Date
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