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HomeMy WebLinkAbout0406 406 CITY. OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE S, .CHAPTER 1'OF THE LAREVILLE CITY CODE CONCERNING ANIMALS 'THE CITY COUNCIL OF THE CITY C)F LAKEVILLE ORDAINS: Section 1. Section 5-1-1 of the Lakeville City Code is' .amended by adding the following defntion8: PARKS:. The term "parks" shallmean a park, playground; beach, swimming pool, trail, nature area, recreation center or any other area in the City owned, leased, used or controlled'by the City. :.PICKET: To ecure a dogbymeansof a chain or cable to a fixed object, thereby confining the dog to a specified area.` Section Z. The following definitions in Section 5-1-1 of the Lakeville City Code area amended to read:. OWNER: Any .person who owns., harbors, .feeds, boards or keeps a dog, or the. parents or guardians of a person under eighteen (18) years. of age who owns, harbors, feeds, boards or keeps , a -dog RESTRAINT: A dog is .under restraint if controlled by'a eash or by a competent person and immediately obedient to that person's command, or.within,a vehicle, or within a secure fence or building within the owner's property limits, or if ..picketed:. Section 3. Section 5-1-3{A) and Section 5-1-3 (C) of the Lakeville City Code are amended to read: A, Application for a dog license shall be made to the... City Clerk. Application for kennel licenses shall be made to the 'City .Clerk. It shall include such descriptive .information as is necessary to provide a reasonable identification af`the dog and its owner. Applications shall be made on a form as prescribed by the City. C. `Any doge may be :impounded ..for violation of this Chapter.`Theowner shall be responsib-le for and shall pay all boarding.,. impoundment and veterinarian: fees before the dog is reclaimed. Section 4. Section 5-1-11 of the City Code is amended to reads r03/20/90 5-1-11. IMPOUNDMENT AND REDEMPTION OR DISPOSAL PROCEDIIRES. 5-1-11-1. Impounding Doqs: A. Any dog found in violation of thin .:Chapter may be taken by the animal warden and impounded in the animal shelter and there confined in a humane mannerfor a period of not :less-than' five_(5).business days, .exclusive of Saturday, Sunday and Holidays. If not claimed prior thereto by its owner, it shall thereafter become the property of .the City .and may be disposed of in a humane manner or placed in the custody of some other suitableperson.. At the. end of the .five (5) day :period, all- animals whichremain unredeemed must be made available to any licensed institution which has requested animals in accordance with Minn. Stat. Sec. 35.71, Subd. 3. However, if a tag affixed to the animal or a statement by the animal's owner after the` animal's seizure. specifies that .the animal may_not be used-for research, the animal must not be made available to any. institution. If a..requests madeby a licensed .institution for more. animals than are available at the time-of the request; all unclaimed and unredeemed animals must be withheld until the .request has been. filled. Theactual-expense of holding animals beyond the time of notice to he institution of their availability must be borne by .the institution .receiving them. Lf adog is destroyed pursuant to this Chapter, the license for such dog. shall expire. B. Notice of Impoundment. Immediately upon the impounding, of a dog wearing a current license, the animal .warden .shall .make a reasonable effort to notify the owner of such a dog of such impoundment and the conditions .whereby the owner'mayregain custody of the dog. Any. verbal notices shall immediately be confirmed in writing.' C. Notwithstanding-anything contained herein to .the contrary, if a critically injured dog is impounded pursuant to -this Chapter, it may be destroyed at any time by the animal warden or a police officer, but. only after reasonable efforts have been made. to locate its owner. D. Any owner shall produce for the officer's inspection his license or receipt if requested to do so by uchoffcer. Seaton 5. Section 5-l-i1-3 of the Lakeville City Code is amended to read: 5-1-11-3. Animal Bites. A. Any dog or cat which may have exposed a person to rabies:: by bite or other manner shall be confined by the owner or a .responsible party for a period of :.ten (10) days. Any police -`officer, animal control officer, or community service officer -2- ~ 1 ~ shall have the authority to verify if the animal is confined. Before the .animal is released the. animal shall be examined by a veterinarian. B. If the attending physician, health officer, police officer, or animal control officer deems it necessary, the animal shall be euthanzed and examined for. rabies by the Minnesota Department of Health. C. The City may have an autopsy performed on any-dead .animal which had been impounded; or on an animal slain while impounded to determine if it was diseased and the cause of death. Section 6. Section 5-1-13 of the Lakeville City Code is amended to ':.read: The poundkeeper shall give an accurate written report .each .:month to the City stating all animals impounded and the duration of the impoundment, and ail animals destroyed, and any other fees or-services rendered.. Section 7. Title 5, Chapter 1 of the .Lakeville City Code is amended by adding he following sections: 5-1-15. INHUMANE TREATMENT. A. TORTURE: No person shall overdrive, overload, torture, ...cruelly beat, neglect-or unjustifiably injure, maim, .mutilate, ar .kill any .animal, or cruelly work any animal, whether:... it belongs. to himself or another. person. B. NOURISHMENT; SHELTER: No person.. shall deprive any anima over which he has charge or control of necessary 'food, water, or shelter.. C. CRUELTY: No person shall willfully instigate or in any 'way further any act of cruelty to any animal: or animals,: or any act tending to produce cruelty to animals. 5-1-16. DOG HOUSES. A. IN GENERAL: An owner of a dog which is kept outdoors or in an: unheated enclosure shall provide the dag with shelter and bedding as prescribed in this section as aminimum. B. BUILDING SPECIFICATIONS: °The helter shall include a moistureproof and wind proof structure of suitable size to accommodate the dog and allow retention of body heat. It'shall be made of durable x~aterals with 'a solid floor raised at least. two {2) inches from he ground and with the entrance covered by a flexible°wind proof material or a self-closing. swinging door. The structure shall be provided with a sufficient quantity of suitable bedding matezials consisting of hay, straw,. .cedar _3_ r- . shavings, blankets or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. C. SHADE: Shade from the direct:. rays of the sun, during the months or June to September shall be .provided. D. FARM DOGS.: In lieu of the requirements of'B and C above, a dogkepton a farm may be provided with access to a barn wtha sufficient quantity of 3oose hay or bedding to protect against cold and dampness. 5-1-17. DOGS; CLEANING IIP LITTER. A. The owner of any dog or any person. having ,the custody or control of any dog shall be responsible fore cleaning up`any"feces of the animal and-disposing of such feces in a clean-and sanitary manner. Every occupant of adwelling unit, or owner if the- dwelling unit is not occupied, shall remove'_anmal feces from the unit, the yard, or lot on which the unit is located, or-from any'.. structure appurtenant to the unit which he-controls and dispose of such animal feces. in a clean and sanitary manner.. It is unlawful for any person owning, keeping, harboring, or in custody of a dog to cause or permit the dog to be on property,,publc or private, not-owned or possessed by such person without having in his or her immediate possession a device for removal of feces and depository for transmission of ':excrement to a.:proper.;receptaclelocated'on the property owned or possessed by such .person. The provisions of this section shall not apply to the paved or traveled portions of public streets or roads or to rural undeveloped areas of the City nor to :guide dogs; accompanying a ..blind person or to a dog used by: police. or in rescue actions. B. Any owner having custody of any dog or domestic animal shall immediately remove any feces left by such animal within a ..park and dispose. of such feces in a sanitary manner. The. owner, while in the park ..shall. possess, carry and`keepreadily.avalable a .device or item of equipment ,for ,picking. up and removing dog feces. This subdivision shall. not apply to guide dogs accompanying a blind or disabled person or-a dog used by pol-ice or in rescue actions.' Seaton S. This ordinance shall be effective immediately upon its passage and publication, -4- :ADOPTED by the Lakeville City Council this 19th.. day of March , 1990... CITY OF KEVILLE 'BY ane R. Zaun, M yor TEST: Charlene Friedges, Cit Clerk -5- - . PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 406 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ANIMALS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: ,Section 1. Section 5-1-1 of the Lakeville City Code is amended by adding the following definitions: PARKS: The term "parks" shall mean a park, playground, beach, swim- ming pool, trail, nature area, recreation center or any other area in the City owned, leased, used or controlled by the City. PICKET: To secure a dog by means of a chain or cable to a fixed object, thereby confining the dog to a specified area. Section 2. The following definitions in Section 5-1-1 of the Lakeville City Code are amended to read: OWNER: Any person who owns, harbors, feeds, boards or keeps a dog, or the parents or guardians of a person un- der eighteen (18) years of age who owns, harbors, feeds, boards or keeps a dog. RESTRAINT: A dog is under re- straint if controlled by a leash or by a competent person and immediately obe- dient to that person's command, or within a vehicle, or within a secure fence or building within the owner's property limits, or if picketed. Section 3. Section 5-1-3 (A) and Sec - 1:.... 6 1 '1 /01 ..P 41... r D. Any owner shall produce for the officer's inspection his license or receipt if requested to do so by such officer. ,Section 5 Section 5-1-11-3 of the Lakeville City Code is amended to read: 5-1-11-3. Animal Bites. A. Any dog or cat which may have exposed a person to rabies by bite or other manner shall be confined by the owner or a responsible party for a period of ten (10) days. Any police officer, animal control officer, or community service officer shall have the authority to verify if the animal is confined. Before the animal is released the animal shall be examined by a vet- erinarian. B. If the attending physician, health officer, police officer, or animal control officer deems it necessary, the animal shall be euthanized and examined for ra- bies by the Minnesota Department of Health. C. The City may have an autopsy performed on any dead animal which and all ials destroyed, and any other fees or Hs rendered. .1, Title 5, Chapter 1 of the Lakeville City Code is amended by adding the following sections: 5-1-15. INHUMANE TREAT- MENT. A. TORTURE: No person shall over- drive, overload, torture, cruelly beat, ne- glect or unjustifiably injure, maim, muti- late, or kill any animal, or cruelly work any animal, whether it belongs to himself or another person. B. NOURISHMENT; SHELTER: No person shall deprive any animal over which he has charge or control of neces- sary food, water, or shelter. C. CRUELTY: No person shall will- fully instigate or in any way further any act of cruelty to any animal or animals, or any act tending to produce cruelty to animals. 5-1-16. DOG HOUSES. A. IN GENERAL: An owner of a dog which is kept outdoors or in an unheated enclosure shall provide the dog with shel- ter and bedding as prescribed in this section as a minimum. B. BUILDING SPECIFICATIONS: The shelter shall include a moistureproof and wind proof structure of suitable size to accommodate the dog and allow reten- tion of body heat. It shall be made of durable materials with a solid floor raised at least two (2) inches from the ground and with the entrance covered by a flex- ible wind proof material or a self-closing swinging door. The structure shall be ' , - t fl r.tv nf d.1ddlUGH YI 1/4X}2 had been impounded oro et an animalefitLT 3L110J'I3M slain while impounded to determine if it was diseased and the cause of death. Section 6. Section 5-1-13 of the Lakeville City Code is amended to read: The poundkeeper shallgive an accurate written report each month to the City stating all animals impounded .,oue Jew SJno -�elib and the duration of the impoundment, 111 /\CjJJII}G� 1 44 Aepuuw U6S£-69t' :auoyda�al aoi��O RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $ 5.41 per column inch. (2) Maximum rate allowed by law for the above matter: $4.22 per column inch. (3) Rate actually charged for the above matter: $4.22 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life &Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qual- ifcations as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance #406 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 2nd day of April , 1990; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghij kl mnopgrstuvwxyz BY: /Je-1,44-., TITLE: Owner Subscribed and sworn to before me on this /3 " day of a00.4e)2- , 1990. ,.a; Notary P lie SARA J. CALL NOTAIY PUt3L' C -td NNis§OTA SCOT; ^_OUATY :kg ,10c:¢:21+ E.Pvrei 8-2140