1995-773
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CITY OF HOPKINS
COUNTY 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:
the Hopkins City Code is amended by deleting
in its entirety and adding a new Section 925
SECTION 1. That
Section 925, Dogs,
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. 01. Definitions . Subdivision 1. For purposes of this section the
terms defined in this subsection have the meanings given them.
Subd. 2. "Pound" 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 925.01, 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. 6. "Dog at large" or "running at large" means a dog not on the
owner's premises and not under restraint.
Subd. 7.
"Tag" means the license tag required under this section.
Subd. 8. "Bodily Harm" means physical pain or injury, illness or any
impairment of physical condition.
Subd. 9. "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.
Subd. 10. "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 !oss or impairment of the function of
any bodily member or organ, or other serious bodily injury.
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Subd. 11. "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.
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 December 31st of the
year in which issued except for multiple year dog licenses.
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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 must 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 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.
Subd. 2. Two or Three Year Licenses. Owners whose dog or dogs have
recei ved 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 December 31 of the year the license expires. These
licenses may only be issued for dogs 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
metallic 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.
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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 resoluti.on.
925.19. Tags. If 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
licensed 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.
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.
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 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
veterinary hospi tall clinic, in such a manner that such female dog
cannot come into contact with other dogs, except for intentional
breeding purposes; and
g) shall be responsible for cleaning up any feces of the dog and
disposing 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.
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.
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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
police officers, 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 health 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 health authority or police department. 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 city health authority. If the health authority requires other
confinement, the owner shall place it in a veterinary hospital at the owner's
expense.
925.37. Vicious or Dangerous Animals. Subdivision 1. The Chief of Police
or his or her designee is authorized to order the impoundment and destruction
or other disposition of any animal which is a vicious or dangerous animal as
defined in this subsection.
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Subd. 2. A vicious animal is an animal which has caused the death of a
person, or has committed great bodily harm as defined under 925.01, Subd. 9 or
10.
Subd. 3. Any animal which has bitten a person causing bodily harm, as
defined under Section 925.01, Subd. 8, may be deemed a dangerous animal. The
Chief of Police or his designee, after having been advised of the existence of
such an animal, shall proceed in the manner prescribed by this subsection.
Subd. 4. Notice. The owner of any vicious or dangerous animal shall
be notified in writing as to the dates, times, places, and persons 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 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.
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Subd. 5. 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
demand 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 or vicious animal and the Chief of Police or his designee 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.
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Subd. 6 Dangerous or Vicious Animals at Large. A dangerous or
vicious animal running at large shall be apprehended and if the animal bears
no identification which reasonably reveals it ownership, the animal shall be
impounded. I f the animal is claimed, the Chief of Police or his designee
shall proceed as provided in Subdivision 4, provided that an impounded animal
shall not be released to its owner pending an order under Subdivision 4 or
Subdivision 5. If the animal is not claimed it shall be disposed of according
to Section 925.45.
Subd. 7 Addi tional 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 Dogs. 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;
f) any dog 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 925.37.
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 Hopkins Police Department 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 police
department 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 Police Department 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.
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925.41. Animal Control Officer. Subdivision 1. Appointment. The city 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 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
pertaining 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 by
contracting with an animal shelter, pet hospital, or other firm, in which
shall be confined any animals taken up by the Animal Control Officer or other
officers of the city. The pound may be within the city limits or within an
adjacent city.
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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 Animal Control Officer, or the
Humane Society of Hennepin County and impounded in the designated pound 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 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 pound 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 a daily boarding fee for each day the
animal 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. Animals may be reclaimed
during normal city business hours.
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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.
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SECTION 2. The effective date of this ordinance shall be twenty
days after publication.
First Reading:
August 1, 1995
Second Reading:
October 17, 1995
Date of Publication:
October 25, 1995
Effective Date of Ordinan
November 15, 1995
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LEGALITY:
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