HomeMy WebLinkAboutOrdinance - 134 - Providing for Licensing of Dogs - 05/27/1969 a
VILLAM OF F— PRAIRIE
(� HENNEPIN COUNTY, DMRTE SMA
± ORDI vwM No. 134
AN OBDnONM PECUMING FOR THE LICENSING OF DOGS AND
PRMXBITING DOGS rmm R MUE AT LAPGE, AMWRIZINGG
THE IN'IPOLImi-rt AND D-----;UC.' oN OF' Dods, PFiO=nr.. A
PF UU=, AND TO ESTAMSH POUMS._
The Council of the Village of Eden Prairie ordains:
Section 1. Definitions. As used in this Ordinance, unless the oontext =-
otherwise indicates:
(a) "Dog" shall be intended to mean both male and female.
(b) "Owner" shall be intended to mean any person or persons, fine,
association or corporation owning, keeping or harboring a dog.
(c) "Village Veterinarian" shall be a doctor of veterinary medicine
appointed by the Village Council to perfo= such duties relating to
animals within the Village and at such pay as shall be established or
approved by the Village Council.
(d) "Private Kennel". Any place where three or :acre dogs over
six months of age are kept or harbored, such dogs being owned by the
warier or lessee of the premises wherein or whereupon the dogs are kept.
(e) "Veterinary Hospital.". A place for treatment, italization,
surgery, care and boarding of animals and birds, which pl a is owned and r
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operated by a veterinarian licensed by the State of Minnesota.
(f) "Tag". The license tag required hereunder to be pxvc cared
by every owner of each dog from the Village of Eden Prairie.
(g) "Running at Large" shall mean whenever a dog is off the
premises of itsowner unless it is leashed or accompanied by a person
having as effective control over it by command as by leash.
(h) "Commercial Kennel" any place where an individual or
corporate entity accepts dogs from the general public and where such
dogs are kept , confined or congregated for the purpose of selling,
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boarding, breeding, training, treating or grooming . d
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Section 2. Name Tags . The owner of every dog within the Village
of Eden Prairie shall affix and maintain to the dog' s collar or harness
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an identification tag of metal or plastic bearing the name and address
of the owner or the identifying phone number of the owner.
Section 3. License and Registration Required. Except as herein- a
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after provided, all dogs kept, harbored or maintained by their owners
in the Village 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 male or spayed female,
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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 against 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 December 31st 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 lst of such year shall be ac-
companied 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 k
of 50t for each month after such initial 30 day period
during which dog was not licensed.
B. No separate license shall be required for a dog registered
to a commercial kennel. Each commercial kennel owner must,
however, comply with Section 2 hereof.
C. 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 Y
Village Clerk shall provide and furnish for each licensed dog a metallic
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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
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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 dupli-
cate 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 and no
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refunds shall be made on any dog license fee because of death of the
dog or the owner's leaving the Village before expiration of the license .
A. No person except the owner, or authorized agent, may
remove a collar from a dog in the Village of Eden Prairie,
except under such circumstances where it is necessary to
free a dog from an entanglement -which threatens his health
and life, or by a licensed veterinarian to whom the dog
has been brought fo_ care and treatment. Any person
removing a collar from a dog, except a veterinarian, shall
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immediately notify the ovmer, and if the owner ' s name
is not on the tag attached to the collar, then the
Village Clerk 'if a license tag is attached to the
collar.
SECTION 5. Running at Large . No person who owns, harbors,
or keeps a dog, nor parents or guardians of such person under 21
years of age, shall allow such dog to run at large within the
corporate limits of the Village.
A. 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 unmber 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
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of male dogs or nuieance.
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 lintits 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
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dog at the Village pound or other suitable place . It shall also be
the duty of the Poundmaster and every police officer to issue tickets
for violation of any provision of this Ordinance .
Section 8. Notice. Notice of impwnding shall be given to
the owner of the dog. in case the owner is unknown, written notice -
shall be posted at the Village :-fall. If the dog is not reclaimed
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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 IMPOUNDING DOG
DATE 19
TO WHOM IT MAY CONCERN:
I have this day impounded in the pound of the Village at
a dog answering to the following description:
Sex Color Breed
Estimated age x
NOTICE IS HEREBY GIVEN, That unless such dog is claimed
and redeemed on or before o ' clock, M. , on the F
day of 19 the same 6
will be sold, killed or otherwise disposed of as provided
by ordinance.
Signed
Poundmaster"
The owner of any dog so impounded may reclaim such do
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within the time hereinbefore provided upon payment of the license
fee, if unpaid, the impounding fee, and all other costs and charges
incurred by the Village of Eden Prairie for impunding and maintenance
of said dog. The impounding fee shall be $10. 00.
Section 9. Dis 0sition of Unclaimed Dogs or Infected Do s .
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 8. All dorq which appear in the judgment of the
Village Veterinarian to be suffering from rabies shall not be released
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but shall be killed by the poundmaster and such disposition of the
remains as shall be directed by the Village Veterinarian.
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 unclaimed shall be surrendered to such institu-
tions .
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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
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police officer, without notice to the owner.
Section 12. Biting Dogs . Whenever any person owning, posses-
sing or harboring any dog within the corporate limits of the village
of Eden Prairie shall learn that such dog has bitten any human being
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such person shall immediately impound such dog for at least 10 days
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separate and apart from other animals or human beings under the
supervision of a licensed veterinarian until it is determined whether
the dog had or has rabies . The owner shall also immediately notify w
the Village police officers of much impoundment . if the owner cannot
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be advised of the dog bite withi.nt the following two hours or if the
owner fails to impound the dog as required by this section, the
Village police officers or poundmaster shall cause such dog to be
so impounded. If the animal is found to be rabid, it shall be de-
stroyed,- if it is found not to be rabid, it shall be returned to the
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owner provided the owner shall first pay for the cost of keeping it .
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If the owner does not pay such cost within five days after he has
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been notified to claim or retrieve his animal, the animal may be
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disposed of as provided in Section 9.
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Any animal known to have been bitten or exposed to rabies
shall be picked up and destroyed , provided , however, that such
animal may be immediately killed if with reasonable effort it cannot
first be taken up and impounded. If such an animal is impounded , it
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shall not be destroyed if the ownermakes provision for suitable
quarantine for a period of not less than six months , or proof of
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immunization is furnished and booster injections are given by a !
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licensed veterinarian at the expense of the owner.
Section 13. Records . The poundmaster shall keep an acw unt of
dogs impounded at the Village pound and of their disposition. He shall t
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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
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an application for such license unless applicant furnishes a certifi-
cate 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 within a period
of six months preceding the application for a license. Vaccination
shall be performed only by a doctor qualified to practice veterinary
medicine in the state in which the dog is vaccinated .
Section 15 . Kennels ,,_
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A. License Required for Kennel. No person shall maintain j
either a private or commercial kennel without having #
first obtained a license therefore under the provisions 1
of this ordinance.
B. Kennel License Application. The application for a kennel
license shall state the type of kennel; the names of the
kennel owners or operators ; the address , legal descriot ion '
and zoning of the property whereupon the kennel is to be
located; the plans and specifications for the structures
wherein a commercial kennel is to operate; and the number
of dogs to be kept or harbored within the kennel.
C . Kennel Licensing Procedure - Conditions . Kennel licenses
shall be granted by the village Council in only those in-
stances where it finds the location and operation of the
kennel will not adversely affect the public health, safety j
and general welfare. No commercial kennel shall be estab-
lished or maintained on any residentially or rurally zoned
property nor shall any private kennel be established or
maintained in any residential area where the minimum recru fired
lot area per dwelling unit is less than one acre. In
granting a kennel license the Council may establishe what-
everspecial conditions are necessary to protect the public
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health, safety and general welfare.
D. License Fee. The annual license fee for a kennel shall be
as follows :
Commercial Kennel $50.00 i
Private Kennel $10.00 ( includes 3 individual dog
Licenses and tags as re- ,
cruired by Section 3 )
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Section 16. Separability of Provisions . It is the intention
of the Village Council that each separate provision of this ordinance
shall be deemed independent of all other provisions herein, and it is
further the intention of the VillageCouncil that if any provision of
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this ordinance shall be declared invalid, all other provisions thereof
shall remain valid and enforceable.
Section 17. violation. Any person violating the provisions
of this Ordinance shall upon cn nviction thereof be subject to a fine
not to exceed the sum of $100 or inthe alternative, imprisonment not
to exceed 90 days .
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Section 18. Effective Date. This ordinance shall be in full
force and effect from and after Sa xzxyx:t:cx*9xxxxxxx publication. i
j Section 19. Rep
eal of Ordinances 106 and 108. This Ordinance
is intended to replace Ordinance Numbers 106 and 108 which are hereby
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repealed .
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FIRST READ At a regular meeting of the Council of the Village
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of Eden Prairie this 27th day of May, 1969, and finally read, adopted
and ordered published at a regular meeting of the Council of said
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Village on the 10 day of June 1969.
avid W. Octerholt Mayor of the
Village of Eden Prairie.
ATTEST :
.. Village Clerk
Published in the Sun Newspapers on June 19, 1969
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SUNNEWSPAPERS
AFFIDAVIT OF PUBLICATION
HoPKI Ni_' , SUN
6601 W. 78th St, Bloomington, Minnesota
State of Minnesota 1
County of Hennepin j SS,
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printer of the end rtrw newspaper is printed
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purport, to serve and does not wholly duplicate anv other publication and is not made up entirely of patents, plate
matter and advertisement, .4, Stud newspaper is circulated in and near the municipality which it purport, to serve, has
at (east 5W copies regulariv delivered to pavirek subscribers tuts ;,n average of at least 75 of its total circulation cur,
rently paid or no more than three month, in arrears and has entry as second-class matter in its local post•offire i5, Said ,�a •, s t5 at ,r,. c, +I 5 ,!*� yYf'
newspaper purports to serve the City of Hopkins in the County of Hennepin and it has its known office of issue in
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news. sale of advertisemems and sale of subscriptions and maintained by the Managing officer or persons in its ern 'O{{f{f!>c►}iitl�.n,x'v,r • :
ploy ared subject ter his direction and control during all .such regular business hours and devoted exclusively during such • tom;,,;`
regular business hours to the business of the newspaper an business related thereto. 161 Said newspaper files a copy of
each issue imm, tely with the Mate Historical S,iriety +7i Said newspaper has complied with all the foregoing cordi- x s t as p T t
lions for at least two years prtrrdinR the day' or dates of publication mentioned below iRi Said newspaper has filed
with the Secretary of State of Minnesota prior to .lanuary 1, 186fi and each January f tttereatter an affidavit n the y e a br".
form prescribed by the Sec•retary of State and signed by the publisher of said newspaper and sworn, to before a notary 'r� k 'ey �" of
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CITY OF EDEN, PRAIRIE ORDINANCES
ORD. NO, TITLE 1.ST 2ND PUB
135 Regulating the use of land and buildings 9/9/69 10/14/69 11/6/69
` 136 Regulating location, size, use and arrangement of 6/10/69 6/24/69
buildings on lots
137 Amending penalties for ordinance violations 8/12/69 8/26/69 9/11/69
138 Requiring a bonfire or rubbish fire permit 8/26/69 9/9/69
139 Amending Ord. 79, 111, 131 re: human rights 10/14/69 10/28/69 11/13/69
commission
140 Regulating the use of snowmobiles 11/11/69 12/9/69 12/24/69
141 Amending Ord. 135 3/10/70 3/24/70 4/16/70
142 Regulating excavations 3/10/70 3/24/70 4/23/70
143 Relating to setting of regular municipal elections 5/12/70 5/26/70 12/31/70
144 Rezoning - Och's Brick and Tile 7/14/70 7/22170 7/30/70
145 Rezonings 11/10/70 11/24/70 12/24/70
146 ?
147 Rezoning - King of Glory 11/10/70 11/24/70 12/24/70
148 Regualting the operation of snowmobiles 1/26/71 2/4 and
2/11/71
149 void
150 Rezoning - Don Anderson 3/9/71 3/23/71
151 Regulating garbage disposal 3/9/71 3123/71
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