HomeMy WebLinkAboutOrdinance - 106 - Licencing of Dogs - 09/12/1967 I
VILLAGE OF EDEN PRAIRIE
HENNEP I N COUNTY, M I NNESOTA
ORDINANCE NO. 106
AN ORD l NANCE PROVIDING FOR THE LICENSING OF DOGS AND
P OH 18 i 10 D S FROM RUNNING AT LARDE IN PORTIONS OF
THE VILLAGE , AUTHOR I I NG THE IMPOUR5ING AND DESTRUCT I OWN
DOGS , PWVID ING A PEWLTY, AND TO ESTAI3L ISH POUNDS.
The Counc i 1 of the V i I I age of Eden Prai r i e orda ins;
Section 1 . Definitions. As used in this Ordinance, unless the
context otherwise indicates:
(a) "Dog" shall be intended to mean both male and female.
(b) "Owner" sha 1 I be intended to mean any person or persons, f i rm,
association or corporation owning, keeping or harboring a dog.
(c) "Village veterinarian" shalt be a doctor of Veterinary Medicine
appointed by the Village Council to perform such duties relating to animals
within the Village and at such pay as shall be established or approved by the
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V i i l age Counc i l.
(d) "Kennel". Property upon which there is kept 3 dogs or more,
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each over 6 months of age for the purpose of boarding, stud service or training. E
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(exclusive of a veterinary hospital ).
(e) "Veterinary Hospital ". A place for treatment, hospitalization,
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surgery, care and boarding of animals and birds which place is owned and
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operated by a veterinarian licensed by the State of Minnesota.
(f ) "Tag". The Iicense tag required hereunder to be procured by
every owner of each dog f rom the V i I I age of Eden Prairie.
(g) "Runn i ng at I arge" sha I I mean whenever a dog is of f of the
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owner's premises and not under restraint or control .
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Section 2. Name Tags. Any dog running at large in the Village
shall wear affixed to its collar or harness an identification tag of metal
bearing the name and address of the owner or the identifying telephone number
of the owner.
Section 3. License and Registration Required. Except as hereinafter
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provided, all dogs kept, harbored or maintained by their owners in the Village
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of Eden Prairie shall be licensed and registered if over six months of age.
Dog licenses shall be issued by the Village Clerk upon payment of a license
fee of $3.00 for each mate or spayed female, and $5.00 for each unspayed
female and upon receipt by the Village Clerk of a certificate from a qualified
veterinarian showing that the dog to be licensed has been given a vaccination
againse rabies in compliance with Section 13. Such license shall be for the
whole or unexpired portion of the year in which the same is issued and shall
expire on December 315t following. Dog licenses shall be issued free of charge
as to dogs properly trained to assist blind persons and actually used for the
blind persons for the purpose of aiding them in going from place to place.
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A. Any application made after January 31 of the licensing year
for any dog which was located in the Village of Eden Prairie
on January 1st of such year shall be accompanied by an additional
fee of 50� for each month or fraction thereof commencing
February i of such year. Any application made during the
licensing year by any dog owner later than 30 days after such
dog arrived in Eden Prairie shall be accompanied by an additional
fee of 5W for each month after such initial 30 day period during
which dog was not licensed.
B. No separate license or tag shall be required for a dog registered
to a kennel . Each kennel owner must, however, register each dog
in the kennel with the Village and comply with Section 2 hereof.
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C. A charge of $ per year shall be made for each
kennel in lieu of license fee hereinbefore called for.
D. The Village Clerk may require a certificate by a licensed
veterinarian certifying that a dog is spayed.
Section 4. Tag and Collar. Upon payment of the license fee, the
Village Clerk shall provide and furnish for each licensed dog a metallic tag
upon which there shall be stamped or engraved the registered number of the dog,
the words "Eden Prairie", and the year when licensed. Every owner shall be
required to provide each dog with a collar to which the license tag must be
affixed, and shall see that the collar and tag are constantly worn. In case
a dog tag is lost or destroyed, a duplicate or new tag will be issued by the
Village Clerk upon proof that such dog was licensed, and the payment of $,25
for such duplicate. Dog tags shall not be transferrable from one dog to another j ^
and no refunds shall be made on any dog license fee because of death of the dog
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or the owner's leaving the Village before expiration of the license.
Section 5. Running at Large. No dog shall be permitted to run at
large at any time in any school yard, church yard, public park or any shopping
area,
A. No dog which habitually chases automobiles shall be allowed to
run at large at any time by its owner.
B. No person shall keep, harbor or maintain custody of a dog which
without provocation habitually barks or cries so as to annoy,
Injure or endanger the health, safety, comfort or repose of any
considerable number of persons. Any such dog is hereby declared
to be a public nuisance.
Section 6. Female Dogs. All female dogs shall be confined when
.in season in such a manner so as not to cause a congregation of male dogs or
nuisance.
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Section 7. Establishment of a Pound and Impounding. The Village
Council may establish a pound for the confinement of dogs within or without
the Village limits and may designate a Poundmaster and prescribe his duties.
It shall be the duty of the Poundmaster and every police officer to apprehend
any dog found unlicensed, or any dog running at large contrary to Section 5,
and to impound such dog at the Village pound or other suitable place.
Section 8. Notice. Notice of impounding shall be given to the
owner of the dog. In case the owner is unknown, written notice shall be
posted at the Village Hall . If the dog is not reclaimed within five days
of the posting of the notice, it will be sold or killed. The notice of
impounding shall be in substantially the following form:
NOTICE OF 1 MP OUND I NG DOG
DATE 19
TO WHOM IT MAY CONCERN:
I have this day impounded in the pound of the
Village at
a dog answering to tRe followingdescription;
Sex Color Breed
Estimated ge
NOTICE IS HEREBY GIVEN, that unless such dog is
claimed and redeemed on or before o'clock
m, on the day of , 19
Tie - same will be sold, k tled or otherwise isposed
as provided by ordinance.
Signed
Poundmaster
The owner of any dog so impounded may reclaim such dog within
the time hereinbefore provided upon payment of the license fee, if unpaid,
the impounding fez, and all other costs and charges incurred by the Village
of Eden Prairie for impounding and maintenance of said dog.
Section 9. Disposition of Unclaimed Dogs or Infected Dogs. Any
dog impounded shall be kept for at least five days unless sooner reclaimed
by the owner as provided above. If the dog shall not have been redeemed at
such time, it may be destroyed or sold, provided that such dog shall not be
sold for less than the aggregate amount provided in Section B. All dogs which
appear in the judgment of the Village Veterinarian to be suffering from rabies
shall not be released but shall be killed by the poundmaster and such dis-
position of the remains as shall be directed by the Village Veterinarian.
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Section 10. Unclaimed Dogs for Scientific Purposes. Whenever any
licensed educational or scientific institution under Minnesota Statutes, }
Section 35.71 , shall request the poundmaster for permission to use for research
purposes any impounded dog or dogs, any impounded dog or dogs remaining 1 ..`
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unclaimed shall be surrendered to such institution.
Section 11 . Muzzling Proclamation. Whenever the prevalence of
rabies renders such action necessary to protect the public health and safety,
the mayor may issue a proclamation ordering every person owning or keeping a
dog to confine it securely on his premises unless it is muzzled so that it
cannot bite or require a booster vaccination for rabies for all dogs in the
Village. No person shall violate such proclamation and any unmuzzled dog
running at large during the time fixed in the proclamation shall be killed
by the poundmaster or any police officer, without not icelo the owner.
Section 12. Biting Dogs. Whenever any person owning, possessing
or harboring any dog within the corporate limits of the Village of Eden Prairie
shall learn that such dog has bitten any human being, such person shall imme-
diately impound said dog in a place of confinement where it cannot escape or
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have access to any human being or other animal and shall also immediately
notify the Chief of Police or Hennepin County Sheriff's Office. Whenever
the Chief of Police or Hennepin County Sheriff's Office shall learn that any
human being has been bitten by any dog within said Village, he shall ascertain
the identity of such dog and the person owning, possessing or harboring it and 1
shall immediately direct such persons to forthwith impound such dog as herein
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required. Any dog so impounded shall be kept continuously so confined for a
period of ten days from the day the dog bit a human being.
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Upon learning that a dog has bitten a human being, the Chief of
Police or Hennepin County Sheriff's Office shall immediately notify the
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Village Veterinarian and inform him of the place where the dog is impounded.
It shall be the duty of the Village Veterinarian to inspect said dog from time
to time during its period of ten days' confinement and to determine whether
such dog is infected with rabies. For this purpose he shall have access to
the premises where such dog is kept at all reasonable hours and may take
possession of the dog and confine it in the Village dog pound or other suitable
place at the expense of the owner. The owner or person in possession or
harboring such dog shall immediately notify the Village Veterinarian of any
evidence of sickness or disease in the dog during its period of confinement
and shall promptly deliver its carcass to the Village Veterinarian in case
of its death during said period.
No dog which has bitten a human being shall be released from
impounding until authorized to do so in writing by the Village Veterinarian,
said release to be filed with the Poundmaster.
Section 13. Records. The poundmaster shall keep an account of
dogs impounded at the Village pound and of their disposition. He shall turn
over such accounts to the Village Clerk from time to time, or upon request
of the Village Clerk.
Section 14. Rabies Vaccination. No license shall be granted for
a dog which has not been vaccinated against rabies as provided in this section
during the ninety day period preceding the making of an application for such
license unless applicant furnishes a certificate of a veterinarian that the
dog is effectively vaccinated except that when a dog is first licensed for an
entire year hereafter, the license may be issued if the dog has been vaccinated
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within a period of six months preceding the application for a license. Vaccin-
ation shall be performed only by a doctor qualified to practice veterinary
medicine in the state in which the dog is vaccinated.
Section 15. Separability of Provisions. It is the intention of i
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the Village Council that each separate provision of this ordinance shall be
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deemed independent of all other provisions herein, and it is further the
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intention of the Village Council that if any provision of this ordinance shall ,
be declared invalid, all other provisions thereof shall remain valid and
enforceable.
Section 16. Violation. Any person violating any of the provisions
of this Ordinance shall be guilty of a misdemeanor,
Section 17. Effective Date. This ordinance shall be in full force
and effect from and after January 1 , 1968.
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FIRST READ at a regular meeting of the Council of the Village of
Eden Prairie this 12th day of September, 1967, and finally read, adopted and
ordered published at a regular meeting of the Council of said Village on the
j c�L1 day of �`e , 1967.
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v� er Mt We-y-®r Of
the Village of Eden Prairie
ATTEST:
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Published in the Hennepin County Review on �2 o
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AFFIDAVIT OF PUBLICATION
The Hennepin County Review
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12 Suburban Square Hopkins, Minnesota
State of Minnesota SS.
County of Hennepin I
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W. JOHN BERTRAM. being duly sworn. on oath says be is and during all the times herein stated
has been the general manager and printer of the newspaper known as the Hennepin County
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Review and has full knowledge of the facts herein stated as follows: (1) Said newspaper is
printed in the English language in newspaper format and in column and sheet form
equivalent in printed space to at least 9W square inches. (2) Said newspaper is a weekly and
Is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which it purports to serve and does not wholly t
duplicate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) 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% 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. (5) Said newspaper purports to t
,serve the City of Hopkins and Villages of Minnetonka ana Eden Prairie in the County of a
Hennepin and it has its knowrf office of issue in the City of Hopkins in said county, established
and open during Its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the publisher of said newspaper and subject to
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his direction and control during all such regular business hours and at which said newspaper is
printed. (6) Said newspaper files a copy of each issue imanediately with the State Historical
C Suctet',r. r7l ba:d newspaper has complied wiith all the foregoing conditions for at least tv/-
years preceding the day or dates of publication mentioned below. (8) Said newspaper has
filed with the Secretary of State of blinnesnta prior to January 1. 1966 and each January 1
thereafter an affidavit In the form prescribed by the Secretary of State and signed by the
publisher of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
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He further states on oath that the printed OY'C im.nce /G G
hereto attacbed as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for 1. successive weeks:
that it was first so published on ded- the 221Td. day of .._NP70 19 .67
and was thereafter printed and published on every to and including
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 acknowledged as being
the size and kind of type used in the composition and publication of said notice, to wit:
abcdefghi jklmnopgrstuvwxyz
.. ..................
Subscribed and sworn to before me this .22110, day of N0y!.....I...... z9 67.
(Notarial Seal)
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Alice J. Nelson, tary ublic, Hennepin County, Minn.
My Commission Expires December 26. 1971
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