IV.3. 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: July 14, 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.
During the second reading on June 16, Council Member Hunke inquired about raising
the limit on the number of dogs from two to three in Section 6-27. Staff met and
discussed the request and will move forward with the recommenda tion of three dogs
per dwelling unit limit.
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 three 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: July 14, 2020
Date of Publication: July 23, 2020
Date Ordinance Takes Effect: July 23, 2020
By: ____________________________
Jason Gadd, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk