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IV.2. Second Reading of Ordinance 2020-1149; Domeier CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members From: Amy Domeier, City Clerk Copy: Mike Mornson, City Manager Date: June 16, 2020 Subject: Second Reading of Ordinance 2020-1149 _____________________________________________________________________ Staff recommends that the Council approve the following motion: Move that the Hopkins City Council adopt Ordinance 2020-1149 an Ordinance Amending Chapter 6 of the Hopkins City Code Regarding Animals for second reading. The first reading of Ordinance 2020-1153 was held on June 2. At the June 2 reading, the addition of cats to Section 6-29 was part of the ordinance. Since the first reading, staff has discussed the overall cost to add cats related to enforcement, impoundment, prosecution, etc. Based on those discussions, cats will not be added to Section 6-29. Attachment: Ordinance 2020-1149 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; (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 6-47 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. 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. (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