HomeMy WebLinkAboutOrdinance - 23-94 - Animal Control Amendments, Section 5.60 - 06/14/1994 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23 -94
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE SECTIONS 9 . 07, 5 . 60 AND 9 . 02 RELATING TO ANIMAL REGULATIONS
AND LICENSES, KENNELS AND ANIMAL WASTE; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTIONS 5 .99 AND 9 .99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 9 . 07, is amended to read as
follows :
"SECTION 9 .07 . ANIMAL REGULATIONS AND LICENSES.
Subd. 1. The provisions of Minnesota Statutes, 1994, Section 35.71
are hereby incorporated herein and adopted by reference.
Subd. 2. Definitions. As used in this Code, unless the context
otherwise indicates :
A. "Animal" includes, but is not limited to, both dog and cat,
male and female.
B. "Owner" means any person or persons, firm, association, or
corporation owning, keeping, or harboring an animal or the
parent or guardian of a person under 18 years of age who owns,
harbors, keeps, or has custody of an animal .
C . "Animal Control Officer" means any person designated by the
City to enforce this Section.
D. "Veterinary hospital" means a place for treatment,
hospitalization, surgery, care and boarding of animals and
birds, which place is owned and operated by a veterinarian
licensed by the State of Minnesota.
E. "Tag" means a license tag issued by the City of Eden Prairie
required hereunder to be procured by every owner of each dog.
F. "At Large" means whenever an animal is off the premises of its
owner unless controlled by a leash not to exceed six feet in
length with the following exception: while on the private
property of another with the landowner's permission, provided
the animal owner is present .
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G. "City Animal Shelter" means any suitable kennel facility used
to confine animals which have been impounded under the
provisions of this Section.
Subd. 3 . License Required. Except as hereinafter provided, it is
unlawful for the owner of any dog over six (6) months of age to
fail to license such dog. New residents to the City must license
their dogs within thirty (30) days after they move into the City.
Licenses shall be issued by the City Clerk-Treasurer upon payment
of the license fee and upon receipt by the Clerk-Treasurer of a
certification from a licensed veterinarian showing that the dog to
be licensed has been given a vaccination against rabies in
compliance with this Section. Such license shall be for the whole
or unexpired portion or the year for which the same is issued and
shall expire December 31 following. No separate license shall be
required for a dog owned by a commercial kennel. Each commercial
kennel owner must, however, comply with vaccination provisions of
this Section.
Subd. 4. License and Impounding Fees. License, impounding and
maintenance fees shall be fixed and determined by the Council,
adopted by resolution, and uniformly enforced. Such fees may, from
time to time, be amended by the Council by resolution. A copy of
the resolution setting forth currently effective fees shall be kept
on file in the office of the City Clerk-Treasurer and open to
inspection during regular business hours .
A. Dog licenses shall be issued free of charge to owners of guide
dogs when actually used to guide blind persons .
Subd. 5. Tag and Collar.
A. Upon presentment of required certificates and payment of the
license fee, the City Clerk-Treasurer shall provide and
furnish the owner of each licensed dog a tag upon which there
shall be stamped or engraved the registered number of the dog,
the words "Eden Prairie, MN, " 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 City Clerk-Treasurer upon proof that such dog
was licensed and upon the payment of the appropriate fee for
such duplicate. Dog tags shall not be transferable from one
dog to another and no refunds shall be made on any dog license
fee because of the death of the dog or the owner leaving the
City before expiration of the license.
B. It is unlawful for any person, except the owner, authorized
agent, or Animal Control Officer, to remove a collar from an
animal in the City, except under such circumstances where it
is necessary to free an animal from an entanglement which
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threatens its health or life, or by a licensed veterinarian to
whom the animal has been brought for care and treatment. Any
person removing a collar from an animal, except as previously
described, shall immediately notify the owner, and if the
owner's name is not on the tag attached to the collar, then
the City Police Department .
Subd. 6. Barking and At Large.
A. It is unlawful for the owner of any animal to permit such
animal to be at large.
B. No person owning, operating, having charge of, or occupying
any building or premises shall keep or allow to be kept, any
animal which shall, by any noise, unreasonably disturb the
peace and quiet of any person in the vicinity. The phrase
"unreasonably disturb the peace and quiet" shall include, but
is not limited to, the creation of any noise by any animal or
animals which can be heard by any person, including a law
enforcement officer or Animal Control Officer, from a location
outside of the building or premises where the animal is being
kept and which animal noise occurs repeatedly over at least a
ten (10) minute period of time, with the total number of
noises emitted exceeding thirty (30) .
Subd. 7 . Female Animals. Every female animal in heat shall be
confined within a building or secure enclosure and allowed to be
out of such confinement only when the owner of the animal remains
in the area and assures that no nuisance is created by the animal's
presence out of confinement, provided that no breeding shall take
place unless the animal is inside a building.
Subd. 8. Animal Shelter. Any animal found: in violation of
subdivisions 10, 11 or 15 of this Section; at large; or failing to
display proper license while on public property may be taken up by
the Animal Control Officer or other such officers designated by the
City, and placed in the City Animal Shelter and then confined in a
humane manner, and an accurate record of the time of such placement
shall be kept on each animal . Every animal so placed in the City
Animal Shelter shall be held pursuant to the provisions of
Minnesota Statutes, 1994, Section 35 .71 . Impoundment records shall
be preserved for a minimum of six months and shall show (1) the
description of the animal by species, breed, sex, approximate age,
and other distinguishing traits; (2) the location at which the
animal was seized; (3) the date and time of the seizure; and (4)
the name and address of any person to whom any animal was
transferred. If unclaimed, such animal shall be sold or humanely
destroyed and the carcass disposed of, unless it is requested by a
licensed education or scientific institution under authority of
Minnesota Statutes, 1994, Section 35 .71 . Provided, however, that
if a tag affixed to the animal, or a statement by the animal's
owner after impoundment specifies that the animal not be used for
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research, such animal shall not be made available to any such
institution, but may be destroyed after the expiration of the
period specified in Minnesota Statutes, 1994, Section 35 .71 .
Subd. 9 . Notice of Impounding. Upon the impoundment of any
animal, reasonable effort shall be made to notify the owner, or if
the owner of the animal is unknown, a record of impoundment shall
be available at the City Police Department for the period of
impoundment .
Subd. 10 . Disposition of Certain Animals. If any animal in the
City is diseased, rabid or exposed to rabies, vicious, dangerous,
or believed to be mortally wounded, and if such animal cannot be
impounded after a reasonable effort, or cannot be impounded without
serious risk to the person attempting to impound such animal, it
may be immediately killed by an Animal Control Officer or police
officer without notice to the owner.
Subd. 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 an animal to confine it securely on his
premises unless it is muzzled so that it cannot bite.
Alternatively, the proclamation may require a booster vaccination
for rabies for all animals in the City. No person shall violate
such proclamation and any unmuzzled animal running at large during
the time fixed in the proclamation may be killed by the Animal
Control Officer or any police officer without notice to the owner.
Subd. 12 . Animal Bite. Whenever any animal owner in the City
learns that his animal has bitten any human being, that owner shall
immediately notify the City Police Department and such animal shall
immediately be quarantined for at least ten (10) days .
A. If the owner has shown proof that such animal is currently
vaccinated against rabies, and has agreed to keep said animal
separate from other animals and indoors at all times during
the quarantine period, such animal may be quarantined at the
owner' s residence.
B. If the animal is not currently vaccinated against rabies, such
animal shall be quarantined in a Veterinary Hospital or at the
City Animal Shelter for a period of ten (10) days .
C. If the owner cannot be advised of the animal bite within the
following two (2) hours, or if the owner fails to quarantine
the animal as required by this subdivision, an Animal Control
Officer or a police officer shall cause such animal to be
impounded. If the animal is found to be rabid, it shall be
destroyed. If the animal is not found to be rabid, it shall
be returned to its owner after the payment of the impoundment
fee. If the owner does not pay such fee within five (5) days
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of notification to claim or retrieve the animal, the animal
may be disposed of as provided in this section.
Subd. 13 . Records . The Animal Control Officer shall keep an
account of animals impounded at the City Animal Shelter and of
their disposition. He shall turn over accounts to the City Clerk-
Treasurer.
Subd. 14 . Rabies Vaccination. The owner of a cat or dog shall
procure a vaccination against rabies, and such animal shall be re-
vaccinated thereafter so as to be immunized against rabies at all
times . Vaccination shall be performed and written certification
issued, only by a doctor licensed to practice veterinary medicine
in the state in which the animal is vaccinated. No license shall
be granted for a dog which has not received a rabies vaccination.
Subd. 15. Care and Maintenance Required. No owner shall fail to
provide any animal with sufficient good food and water, proper
shelter and protection from the weather, veterinary care when
needed to prevent suffering, and humane care and treatment. No
person shall permit feces, urine or food scraps to remain in an
area for a period that is longer than reasonable and consistent
with health and sanitation and the prevention of odors . No person
shall beat, treat cruelly, torment, or otherwise abuse any animal,
or cause or permit any animal fights . No owner of an animal shall
abandon such animal .
Subd. 16 . Exemption From Provisions. Any dog under the control of
any public law enforcement agency and which is used by such agency
in law enforcement activities is exempt from the provisions of this
section, provided, however, that such dog must be properly
vaccinated against rabies as required in Subd. 14.
Subd. 17 . Interference With officers. It shall be a violation of
this section for any unauthorized person to break open an Animal
Shelter or attempt to take from any Animal Control Officer any
animal taken up by such officer in compliance with this section, or
in any manner to interfere with or hinder such officer in the
discharge of his duties under this section.
Subd. 18. Wild/Exotic Animals Prohibited. No person shall keep,
maintain or harbor within the City any of the following animals :
(1) Any animal or species prohibited by Minnesota or Federal
Law;
(2 ) Any non-domesticated animal or species including, but not
limited to, the following:
(a) Any skunk, whether captured in the wild,
domestically raised, de-scented or not de-scented,
vaccinated against rabies or not vaccinated against
rabies;
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(b) Any large cat of the family Felidae, such as lions,
tigers, jaguars, leopards, cougars and ocelots,
except commonly accepted domesticated house cats;
(c) Any member of the family Canidae, such as wolves,
foxes, coyotes, dingoes and jackals, except
commonly accepted domesticated dogs;
(d) Any crossbreed, such as the crossbreeds between
dogs and coyotes and coyotes or dogs and wolves,
not including crossbred domesticated animals;
(e) Any poisonous pit viper, such as a rattlesnake,
coral snake, water moccasin or cobra;
(f) Any raccoon;
(g) Any other animal not listed above, but which is not
naturally tame or gentle, but is of a wild nature
or disposition and which, because of its size,
vicious nature or other characteristics would
constitute a danger to human life or property.
Included herein are animals for which no rabies
vaccination has been approved by the State Health
Department . Provided, however, that this section
shall not apply to falconers or bird banders
licensed by the Department of Natural Resources and
the U.S. Fish and Wildlife permit.
Subd. 19 . Dog Enclosures.
A. As used in this subdivision, the term "dog enclosure" means
any enclosure constructed for shutting in or enclosing dogs
and having an area less than 2, 000 square feet.
B. Dog enclosures must be screened from view of adjacent
property.
C. A dog enclosure shall not be placed closer than ten (10) feet
to any lot line, except no dog enclosure shall be placed in a
front yard, and in no event shall a dog enclosure be placed
closer that 50 feet of any dwelling unit other than the
owner' s property.
D. No person shall permit feces, urine, or food scraps to remain
in an enclosure for a period that is longer than reasonable
and consistent with health and sanitation and the prevention
of odors .
E. This subdivision shall be applicable to all dog enclosures
constructed after the effective date hereof . Any owner of an
existing dog enclosure which is a nuisance or source of filth
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may be required to comply with this section by notice of
compliance given by the City Manager. Failure to comply with
such a notice within 30 days of issuance shall be a violation
of this subdivision.
Section 2 . City Code Section 5 . 60, is amended to read as
follows :
"SECTION 5.60 . KENNELS.
Subd. 1. The provisions of Minnesota Statutes, 1992, Sections
347 .35 and 347 .37, are hereby incorporated herein and adopted by
reference.
Subd. 2.
A. "Dog" means a canine of either male or female gender.
B. "Cat" means a feline of either male or female gender.
C. "Owner" means any person owning, keeping or harboring a dog or
cat .
D. "Private kennel" means a place where more than two dogs or two
cats over six months of age are kept by their owner for no
commercial purpose. Provided, that the total number of dogs
and cats over six (6) months of age shall not exceed five (5)
in any private kennel .
E. "Commercial kennel" means a place where any number of dogs
and/or cats or any age are kept, confined, or congregated for
the purpose of selling, boarding, breeding, training, treating
or grooming.
Subd. 3. License Required.
No person shall own, harbor, keep or allow the keeping of more
than two dogs or more than two cats over the age of six months
on his or her premises without first obtaining either a
commercial or private kennel license.
Subd. 4 . License Restrictions
A. An application for a kennel license shall be submitted to the
City Clerk-Treasurer accompanied by the appropriate fee. The
applicant must also submit an acknowledgement form signed by
at least one of the property owners of each parcel within 200
feet of the land where the kennel will be established. The
form shall state that the applicant has notified the property
owners of the application and that they may contact the City
with any comments they might have.
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B. A kennel license may be issued after an inspection reveals
that adequate safeguards are present to protect the
surrounding neighborhood from nuisances and to insure
compliance with this section. A license may not be issued if
the kennel does not comply with the applicable state health
and maintenance standards promulgated pursuant to Minnesota
Statutes, 1992, Section 347 .35 .
C. A license shall be issued for a maximum of one year and shall
expire on December 31 of each year. A license may be revoked
because of a violation of this section, or any other relevant
law, ordinance, or regulation.
D. All licensed commercial kennels within the City are subject to
inspections as provided in Minnesota Statutes, 1992, Section
347 .37 . A license violation not corrected within ten (10)
days after notice will be grounds for revocation of the
license. "
Section 3 . City Code Section 9 . 02, is amended to read as
follows :
"SECTION 9 .02 . ANIMAL WASTE.
Animal Waste. It is unlawful for any person who owns,
harbors, or has custody of a dog, cat or other animal to cause
or permit such animal to defecate on any public property or,
without the consent of the owner, to defecate on any private
property unless such person immediately removes the excrement
and properly disposes of it . It shall also be unlawful for
such person to cause or permit such animal to urinate on
private property without the consent of the owner. "
Section 4 . City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
"Penalty for Violation" and Sections 5 . 99 and 9 . 99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 5 . This ordinance shall become effective from and
after its passage and publication.
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FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the 14th day of June , 1994,
and finally read and adopted and or ed published at a regular
meeting of the City Council of said i on th 5th day f
July , 1994 .
City r Mayor
PUBLISHED in the Eden Prairie News on t e day of
1994 .
C:AwP \rap\ \nrd\animal
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23 -94
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE SECTIONS 9.07, 5.60, AND 9. 02 RELATING TO ANIMAL
REGULATIONS AND LICENSES, KENNELS AND ANIMAL WASTE; AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends sections of the City Code which
regulate how persons may keep domestic, wild, and exotic animals.
Among the major provisions of the ordinance are:
* Requirements that all animals (dogs, cats, and other
animals) be controlled by a leash when not on the owner's
property;
* Prohibition of keeping wild or exotic animals (except by
certified falconers and bird banders) ;
* Definition of a noisy animal nuisance as one making noises
repeatedly over 30 times in a 10-minute period;
* Definition of a legal dog enclosure (or kennel) .
Effective date: This ordinance shall become effective from and
after its passage and publication.
Adopted by the City Council on July 5, 1994.
/s/ John D. Frane, City Clerk /s/ Douglas B. Tenpas, Mayor
(A copy of the full text of the Ordinance is available from the
City Clerk. )
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
CITY OF EDEN PRAIRIE County of Hennepin )
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 23-94 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
AN ORDINANCE OF THE CITY of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE SECTIONS stated as follows:
(A)This newspaper has complied with the requirements constituting qualification as a legal
9.07, 5.60, AND 9.02 RELATING TO
ANIMAL REGULATIONS AND I newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
CENSES, KENNELS AND ANIMAL amended.
WASTE; AND ADOPTING BY REF- (B)The printed public notice that is attached to this Affidavit and identified as No..�,
ERENCE CITY CODE CHAPTER I was published on the date or dates and in the newspaper stated in the attached Notice,and said
AND SECTIONS 5.99 AND 9.99 Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of
WHICH, AMONG OTHER THINGS, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
CONTAIN PENALTY PROVISIONS. inclusive,and is hereby acknowledged as being the kin nd size of type used in the composition
THECITY COUNCIL OFTHEC IY and publication of the Notice:
OF EDEN PRAIRIE, MINNESOTA,
ORDAINS: abcdefghijklmnop s vt -yz
Summary: This ordinance amends /
sections of the City Code which regulate
how persons may keep domestic,wild,
and exotic animals. Among the major
provisions of the ordinance are: By'
*Requirements that all animals(dogs, St olfsru ral Ivl sger
cats,and other animals)be controlled by
a leash when not on the owner's prop- Subscribed and sworn before me on
crty*Prohibition of keeping wild or ex- .-"^ : .t GV'01 M.RADUE1JZ
otic animals(except by certified falcon- eE ROTARY PUBLIC-h"INt�ESOTA
ers and bird handers); �77 ;�S A S00TT COUINITY
*Definition of a noisy animal nui-
sance this o�� day of 1994 E:',y Cc n r'.-s=.gin E,t.re5 Fe►+.24,1�3? .
.*.=a'aH iCt 3 SQL:.t4C,yE'sLLi�O.A tb�?t+O VYL
as one making noises repeatedly
over 30 times in a 10-minute period;
*Definition of a legal dog enclosure 0d,
(or kennel), Notary Public
Effective date:This ordinance shall
become effective from and after its pas-
sage and publication.
Adopted by the City Council on July
5, 1994.
Is/John D.Franc
City Clerk
/s/Douglas B.Tenpas
Mayor
(A copy of the full text of the Ordinance
is available from the City Clerk.)
(Published in the Eden Prairie News on
Thursday,July 21, 1994;No.7133)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$11.20 percolumn inch
Maximum rate allowed by law for the above matter ......................... S11.20 per column inch
Rate actually charged for the above matter....................................... S6.89 per column inch