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HomeMy WebLinkAbout0133 - a r •.s . , a~+ ORDINANCE NO. 133 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE RELATING TO DOGS AND CATS AND PROVIDING THE LICENSING OF DOGS AND DOG KENNELS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City of Lakeville ordains: SECTION 1. Definitions. As used in this Ordinance the follow- ing terms have the following meanings: A. Owner: a person or group of persons or partnership or corporation owning, keeping, or harboring a dog. B. Kennel: a place where four or more dogs over six months of age are kept, or a place at which the business of selling, boarding, breeding, showing or treating dogs is conducted when there are four or more dogs being sold, boarded or shown. C. Restraint: a dog is under restraint when it is controlled by a leash; it is within limits of the owner's property; or while it is confined within a vehicle. D. At large: a dog is at large at any time when it is not under restraint, as defined in Subsection C above. E. Vicious Dog: any dog which has a propensity or tendency towards acts which might endanger the safety of persons or property. This definition is not limited to biting dogs, but includes those dogs which have a natural fierceness or disposition to mischief. SECTION 2. Licenses Required. No person residing in the City of Lakeville shall own, harbor or keep a dog over six months of age within the City of Lakeville unless a current license for such a dog has been obtained as herein provided. SECTION 3. License Fee and Application. A. Application for dog licenses shall be made to the City Clerk or the pound keeper. 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 , of the dog and its owner. B. Al 1, dog licenses and kennel licenses shall be issued for one year beginning with the first day of January. Applications for licenses may be made 30 days prior to the start of the licensing year, and thereafter during the licensing year. Application made after rarch 1 of the licensing year shall be assessed a penalty for each late month or portion thereof which amount shall be added to and collected with the regular license fee. Any owner who secures a dog after the start of a license year shall be allowed 30 days after acquiring such dog to secure a license and must file an affidavit identifying the dog and stating the date of its acquisition. C. Any dog owner upon first becoming a resident of Lakeville shall be allowed 30 days from such time within which to obtain the dog license. Any dog which may be impounded for violations of this chapter, within such 30 days, may be reclaimed by the owner without paying the impounding fees but such owner shall be responsible for paying the keeping of such dog during its impounding. Any dog owner having a valid dog license from another municipality may, within 30 days after becoming a Lakeville resident, secure a Lakeville dog license. An affidavit identifying the dog and stating the date of commencing residence of the owner in the City shall be filed with the application. D. Vaccination. No license shall be granted for a dog which has not been vaccinated against rabies as provided in this Section during the 15 month period immediately preceding the application. The vaccine used shall be only that type of vaccine known as modified live vaccine. The vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. The veterinarian who vaccinates a dog to be licensed in the City shall complete in triplicate a certifi- -2- cate of vaccination. One copy shall be issued to the dog owner for affixing to the license application; one copy shall be sent to the Minnesota Livestock Sanitary Board; and one shall be retained in the veterinarian's files. E. In the event that the metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon payment of 50 cents and showing receipt of current license. F. If a dog dies within the license year and a dog is secured to replace the dog so dying, the license for the deceased dog may be transferred to the replacement dog upon payment of a transfer fee. G. If there is a change in ownership of a dog during the license year, the new owner may have the current license changed to his name upon the payment of a transfer fee or may secure a new license. SECTION 4. Tag and Collar. A. Upon complying with provisions of this chapter, there shall be issued to the owner a metallic tag, stamped with a number and the year for which it is issued. The shape and design of such tag will be changed from year to year and shall have printed on it "City of Lakeville". B. Every owner is required to keep a valid tag securely fastened to the dog's choke chain, collar or harness which must be worn by the dog at all times. SECTION 5. Restraint of Dogs. The owner shall keep his doq under restraint at all times. SECTION 6. Confinement of Certain Dogs. A. Every owner shall confine within any building or secure enclosure every fierce, dangerous or vicious doq and not take such dog out of such enclosure unless such dog is securely muzzled. B. Every female dog in heat shall be kept confined in such a manner that such female dog cannot come in contact with another dog -3- , , except for breeding purposes within any building. SECTION 7. Keeping of Nuisance Dogs Prohibited. No person shall keep or harbor a dog in the City of Lakeville which habitually barks, cries, or whimpers. Any such dog is hereby declared to be a public nuisance. SECTION 8. Dog Pound. The City Council shall provide for a City owned dog pound or designate as a dog pound a suitable kennel either within or outside the limits of the City of Lakeville. SECTION 9. Pound Keeper and Assistant. The City Council shall designate the pound keeper. SECTION 10. Impounding Dogs. A. Any dog found in violation of this chapter may be taken up by such officers as the City Council shall designate and impounded in the animal shelter and there confined in a humane manner for a period of not less than five days exclusive of Saturday, Sunday and holidays. If not claimed prior thereto by the owner, it shall there- after become the property of the City and may be disposed of in a humane manner or placed in the custody of some other suitable person. If a dog is destroyed pursuant to this chapter, the license for such dog shall expire. B. Immediately upon the impounding of a dog wearing a current license, the animal warden shall make every reasonable effort to notify the owner of such a dog of such impoundment and the conditions whereby the owner may regain custody of the dog. Any verbal notices shall immediately be confirmed in writing by the animal warden. C. To enforce this Ordinance such officers may enter upon the private premises where it appears or where there is reasonable cause to believe that a dog is not licensed or is not being kept, confined or restrained as required herein. Any owner shall produce for the officer's inspection his license or receipt i£ requested to do so by such officer. -4- ~x ; SECTION 11. Proceedings for Impoundment or Destruction of Certain Dogs and Cats. Upon sworn complaint of any person to a County Judge in the County of Dakota that any of the following facts exist: (a) That any dog or cat at any time has destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; (b) That any of said animals at any time has attacked or bitten a person without provocation; (c) That any of such animals is vicious or shows vicious habits, or molests people or interferes with the driving of automobiles upon a public highway; (d) That any of such animals habitually barks, cries, or whimpers is a public nuisance; (e) Or otherwise is being kept within the limits of the City in violation of the provisions of this Ordinance; Said Judge shall issue a summons directed to the owner or person having possession of said animal commanding him to appear before said Judge and to show cause why said animal should not be seized or killed or otherwise disposed of by the pound keeper, or any police officer or animal warden. Such summons shall be returnable not more than 48 hours from the date thereof and shall be served at least 12 hours before the time of appearance mentioned herein. Upon such hearing and finding of the facts true as complained of, the Judge may either order the animal killed or may order the owner to remove it from the City or may order it confined to a designated place, or may order its sale or other disposition as herein provided for impounded animals. In the event an animal has bitten a person, the Judge may order the dog impounded at the owner's expense for such period as may be reasonably necessary to determine whether the animal is rabid. In the event that said animal is rabid, it may summarily be destroyed. If the owner is ordered to remove the animal from the City or is ordered to keep the animal con- -5- t- fined to a designated place and disobeys such order, he shall upon the filing of a complaint alleging that said order was disobeyed, and after hearing a conviction before a Judge, be liable to the punishment for violation of this Ordinance; and any police officer or animal warden may upon disobedience of said order impound and slay any animal described in such order. The provisions of this Section are in addition to and supplemental to other provisions of this Ordinance and shall apply throughout the City. Costs of the pro- ceedings specified by this Section shall be assessed against the owner of the animal, if said animal is found to be kept in violation of any of the terms of this Ordinance. SECTION 12. Immediate seizure. Any dog or other animal which has bitten a person may be immediately seized whether on or off the owner's premises and impounded for at least 14 days and kept apart from other dogs or animals until it is determined whether said animal has or had rabies. The cost of impoundment shall be paid by the owner .of the animal. SECTION 13. Dogs Which Cannot Se Impounded. If a dog is diseased, vicious, dangerous, rabid or exposed to rabies and such dog cannot be impounded after a reasonable effort, or cannot be impounded without serious risk to the person attempting to impound, such dog may be slain immediately. SECTION 14. Length of Impoundment. Any dog which is impounded in the City Pound shall be met with kind treatment and sufficient food and water for the dog's comfort. If such dog is not known or suspected of being rabid and has not bitten a person it shall be kept in the City Pound for at least five days unless sooner claimed by its owner. If such dog is known to be or suspected of being rabid or has bitten a person it shall be kept in the pound for at least 14 days. SECTION 15. Reclaiming or Disposing of Impounded Dogs. Any dog may be redeemed from the pound by the owner paying a pickup _6_ charge plus the cost of the boarding such dog in the City Pound. If the dog required a Lakeville license, such license shall also be obtained before the dog is released. If at the end of the fifth impounding day, the dog is not reclaimed by the owner, such a dog shall be deemed to have been abandoned and may be sold to any person. If the purchaser .will keep or harbor the dog in the City, a license shall also have to be obtained before possession of the dog is given to the purchaser. If such a dog is not sold it may be disposed of in a humane manner. The owner of any impounded animal, upon picking up said animal from the pound, shall pay to the City a retainer if the animal requires a rabies shot. The retainer shall be returned to the owner if, within 30 days of the pickup, he submits written proof that the animal has received a rabies shot. If no such proof is presented, the retainer shall become the property of the City. SECTION 16. Kennels - Licenses. The owner of four or more dogs of at least six months of age, owned commercially for profit, breed- ing, or exhibit, or boarding shall be deemed the operator of a dog kennel. Such dog kennel shall be kept at all times in a clean and sanitary condition, and the dogs shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent, or habitual barking, yelping, or howling. The application for a kennel license shall state the name and addresses of the owner of said kennel, the location where the kennel is to be kept, and the number of dogs proposed to be kept. No kennel shall be established within 500 feet of any dwelling house unless both owner and lessee of such dwelling house consent in advance in writing to the same. The operation of a kennel existing at this time shall not be affected by this provision. The kennel license is not transferable except upon application of both the old and new owners and the payment of a transfer fee to the City Clerk. Each kennel license shall be posted conspicuously on the premises where -7- . , ~ said kennel is kept. SECTION 17. Reports by Pound Keeper. The Pound Keeper shall account for and pay over monthly to the City, all money received by him in behalf of the City, such as license fees or other fees. The Pound Keeper shall also give an accurate written report each month to the City stating all licenses written by him, all fees collected, all sales paid, all dogs impounded and the duration of the impoundment, and all dogs destroyed. SECTION 18. Exemptions. A. Hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals are exempt from the provisions of this Ordinance except where such duties are expressly stated. B. The licensing requirements of this Ordinance shall not apply to any dog belonging to a non-resident of the City and kept within the City for not longer than 30 days, provided that all such dogs shall at all such times within the City be kept under restraint. SECTION 19. Reports of Bite Cases. It shall be the duty of every physician or any other person to report to the animal warden the names and addresses of persons treated for bites inflicted by animals within the City of Lakeville together with such other information as will be helpful in rabies control and the animal warden shall immediately inform the health officer of such report. SECTION 20. Responsibilities of Veterinarians. It shall be the duty of every licensed veterinarian to report to the animal warden his diagnosis of any animal within the City of Lakeville observed by him as a rabies suspect, and the animal warden shall immediately inform the health officer of such report. SECTION 21. Penalties. Any person who shall violate the terms or provisions of this Ordinance shall be guilty of a mis- demeanor, and upon conviction shall be punishable by a fine of not more than $500 or 90 days in the Dakota County Jail. -8- . * . . SECTION 22. Boarding chaYges, license fees, rabies retainer and other fees required by this Ordinanre:$hall be;.establlahed by Resolution of the City _ Council. SECTION 23. Validity. The;iny8lidity of any part of this Ordinance as declared by a Court of competent.juri'sdiction shall not affect the validity of the remainder thereof. SECTION 24. Ordinance Repeal. Lakeville Ordinance No. 64, Lakeville Ordinance No. 40, Lakeville Ordinance No. 16 and Amendment to Ordinance No. 16 are hereby repealed. SECTION. 25. Effective Date. This Ordinance shall become effective upon its passage: and publication. Adopted this 2nd day of danuarY 19 ~J CITY OF LAREVILLE t Mayor ATTEST: ~f atrick E. McGarvey, Clerk _J- 1 e PUBLIC NOTICE ORDINANCE NO. 133 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE RELATING TO DOGS AND CATS AND PROVIDING THE LICENSING— OF DOGS AND DOG KENNELS AND PROVIDING PENALTIES FOR THEVIOLATION THEREOF. The City Council of the City of Lakeville ordains: SECTION 1. Definitions. As used in this Ordinance the following terms have the I followingmeaings: animal warden shall make every re- asonable effort to notify the owner of such a dog of such impoundment and the Condi- t ne Kennet ncense is nut It auste, au.c cw cept upon application of both the old and new owners and the payment of a transfer fee to the City Clerk. Each kennel license shall be posted conspicuously on the premises where said kennel is kept. SECTION 17. Reports by Pound Keeper! The Pound Keeper shall account for and pay over monthly to the City, all money received by him in behalf of the City, such as license fees or other fees. The Pound Keeper shall also give an ac- curate written report each month to the City stating all licenses written by him, all fees collected, all sales paid, all dogs impounded and the duration of the im- poundment, and all dogs destroyed. SECTION 16. Exemptions. A. Hospitals, clinics, and other pre- mises operated by a licensed veterinarian exclusively for the care and treatment of animals are exempt from the provisions of this Ordinance except where such duties are expressly stated. B. The licensing requirements of this Ordinance shall not apply to any dog belonging to a non-resident of the City and kept within the City for not longer than 30 days, provided that all such dogs shall at all such times within the City be kept under restraint. SECTION 19. Reports of Bite Cases. It shall be the duty of every physician or any other person to report to the animal warden the names and addresses of persons treated for bites inflicted by animals within the City of Lakeville together with such other information as will be helpful in rabies control and the animal warden shall immediately inform the health officer of such report. SECTION 20. Responsibilities of Veterinarians. It shall be the duty of every licensed veterinarian to report to the animal warden his diagnosis of any animal within the City of Lakeville ob- served by him as a rabies suspect, and the animal warden shall immediately in- form the health officer of such report. SECTION 21. Penalties. Any person who shall violate the terms or provisions of this Ordinance shall be guilty of a mis- demeanor, and upon conviction shall be punishable by a fine of not more than 6500 or 90 days in the Dakota County Jail. SECTION 22. Boarding charges, license fees, rabiesretainer and other fees required by this Ordinance shall be established, by Resolution of the City Council. SECTION 23. Validity. The invalidity of any part of this Ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 24. Ordinance Repeal. Lakeville Ordinance No. 64„ Lakeville Ordinance No. 40, Lakeville Ordinance No. 16 and Amendment to Ordinance No. 16 are hereby repealed. SECTION 25. Effective Date. This Ordinance shall become effective upon its passage and publication. Adopted this 2nd day of January, 1979. CITY OF LAKEVILLE 1 BY: GORDON L'EKSON Its Mayor eJ a ATTEST: 4) 1PATRICK E. McGARVEY, cl T a clerk T �2 ' e ) 1 S i J 3 r 3 3 ) ) ) J J S ) 1 l 0 • 4' e! al AFFIDAVI. .' PUBLICATION STATE OF MINNESOTA ) SS County of Dakota ) JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in 'arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular business hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed __ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once k for sy^^^^^ ^ .--,•eks; that it was first so published _\ on Thursday, the __,_4\ day of � 19 Igand was thereafter printed and published on every Thursday to and including Thursday the day of —________ 19 _- and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; Subscribed and �' 1 sworn to before me this `C 44 abc defghij klmnopgrs tuvwxyz • CAROL`J. HAVERLAND E t r NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Doe. 3, 1082