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HomeMy WebLinkAboutCity Council Ordinance 1978-06).low CITY OF PLYMOUTH ORDINANCE NO. 78-6 AN ORDINANCE RELATING TO THE LICENSING AND CONTROL OF DOGS i i THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 7 of Chapter III of the Plymouth City Code is hereby amended to read as follows: "7.01. Definitions. The following terms have the meanings ascribed to them in this section: (a) "Owner" means any person, group or :orporation owning, keeping, harboring or having custody of a dog or dogs within the City of Plymouth. (b) "At Large" means off the property of the owner and not under restraint of the owner or a member of the immediate family. (c) "Under Restraint" means a dog is controlled by a fence or leash within the confines of the owners property or by a leash not exceding six (6) feet in length while outside of the owners i property and under the control and direction of the owner, or a member of the immediate family, so as to be as effectively restrained- or within a vehicle being driven or parked on a public street. (d) "Private Kennel" means a premises where three (3) or more dogs over six (6) months of age are kept where the business of raising, selling, boarding, breeding, showing, treating or grooming dogs is conducted except that this designation shall not i include pet shops, animal hospitals and other such operations. "7.02. Abandonment. It shall be unlawful for any person to abandon j any dog or other animal within the City limits. Persons convicted 4 of such abandonment shall be subject to the penalties as setforth in this section. "7.03. License Required. No person shall own, harbor, keep or have custody of a dog over six (6) months of age within the City, unless a current license for such animal has been obtained and the tag affixed to the dog as herein provided. "7.04. Duration of License. Licenses shall be issued on an annual basis and shall be made or the whole•or unexpired portion of the year ending on December 31st next following the first effective day of license. "7.05. License Fees -Amounts. The license fee for each dog shall be as provided in Chapter , Section 16.02 of the City Code. 7.06. Late -License Penalty Fee. If the license is obtained while the dog is impounded by the City, there shall be added to the regular license fee a late -license penalty as specified in Chapter 2, Section 16.02. "7.07. Issuance of Licenses -Veterinarian's Certificate to Accompany A Lica flon. A 1 licenses shall be issued by the City Clerk, and app cations therefore shall be accompanied by a certificate or tag issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog in question has been vacinated against rabies within a period of two years preceding the application for a license. "7.08. Issuance of Tag -Content -Registry. The City Clerk shall provide and furnis for each licensed dog a metallic tag upon which there shall be stamped or engraved the register number of the dog, the word "Plymouth" and the year when licensed. The City Clerk shall keep a registry of the dogs so licensed and said registry shall contain the name and address of the owner, a description of the dog, and the number of the license. "7.09. Replacement of Lost Tags -Procedure -Fee. If any license tag is lost or stolen, the owner may obtain a new tag by surrendering the receipt for the first tag or by other proof of the fact that the dog in question has been previously licensed and by paying the fee provided in Chapter 2, Section 16.02. "7.10. Use of Tag and Collar. Every owner shall place and keep around the neck of the dog a collar on which the current license shall be securely fixed. "7.11. Counterfeiting or Transferring the Tags Prohibited. No person shell counterfeit any such license tag or use a counterfeit tag. A license tag is not transferable to any other animal nor to a new owner or a dog with respect to which such tag was issued. Any person convicted of such activities shall be subject to the penalties as setforth in this section. "7.12. Kennel Licenses. No person shall own, harbor, keep or have custody of thre) or more dogs over six (6) months old on their property without having first secured a private kennel license as required herein. "7.13. Duration of License. Licenses shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending on December 31 next following the effective date of the license. "7.14. Kennel License Fees. The kennel license fee shall be as provided in Chapter 2, Section 16.02 of the City Code. "7.15. Late -License Penalty Fee, If the license is obtained after a dog or dogs from such kennel have been impounded then there shall be.a penalty fee added to the regular license fee equal to the regular license amount. This fee shall be paid in addition to any dog licensing, impounding or boarding fees which shall be required prior to release of the dog(s). "7.16. Kennel licenses may only be issued as conditional use permits in R -O zoned areas within the City pursuant to City of Plymouth Zoning Ordinance. Associated zoning administration fees shall be paid by the applicant prior to Planning Commission consideration of the license. "7.17. Issuance of License. City Council approval required. No kennel license or renewal shall be issued except upon action of the City Council following review of the kennel license application by the Police Chief and Planning Commission. "7.18. Persons granted a kennel license shall be issued a certificate which must be conspicuously displayed at the kennel location. Failure to display such certificate shall constitute prima facie evidence that such license has not been secured. "7.19. Dogs Prohibited from Running at Large. No owner shall permit his dog to be at large within the City, and shall keep the dog under restraint at all times. at largo Ianywhere within the City. Evidence that a;:dog outside of the owner's premises has bitten a human being, has attacked another dog or domestic: animal, or jumped upon a person shall be`prima "facie evidence that a dog is fierce, dangerous and vicious. "7.21. Im oundment of Vicious Dogs. The Chief of Police is hereby authorized to impound any vicious dog(s) endangering the safety of the general public or animal wildlife. "7.22. Certain Dogs Prohibited as Public Nuisances -Abatement of -Nuisance -Notice of Violation. (a) No person shall own, keep or harbor any dog which by loud and frequent barking, howling or yelping shall cause noise, disturbance or annoyance to persons residing in the vicinity thereof. (b) No owner shall permit his dog to damage or foul any lawn, garden or other property. An owner shall have the responsibility for cleaning up any feces of the animal and to dispose of such feces in a sanitary manner. (c) No more than two (2) dogs of over the age of six .(6) months shall be kept, harbored or maintained within or upon the property of any individual dwelling unit within the City without a valid private kennel license. (d) Upon the receipt of a written complaint of such annoyance by two or more persons residing in the vicinity of such a dog, the Chief of Police shall notify the owner to abate the nuisance within 48 hours. Failure to obey such notice shall be a violation of this section. For the purposes of this provision, members of the same family unit residing in the same dwelling shall be regarded as one person. "7.23. Animal Pound Authorized. The City Council may provide for a City animal pound, eit.er within or outside the limits of the City. "7.24. Enforcement. It shall be the duty of the Chief of Police togetherith the person or persons designated by the City Council as the dog catcher or animal warden to enforce the provisions of this section and to transport or cause to be transported to the City pound any or all dogs kept within f the City contrary to the provisions of this section. The dog catcher or animal warden is authorized to issue tags and sign } complaints against any person for violation of the provisions of this section. F "7.25. Keeping and Reclaiming Impounded Dogs. Any dogs so j impounded shall be kept for at least five` 5 days unless sooner reclaimed by the owner thereof. The owner of any impounded dog may reclaim the same by paying the impounding fee prescribed in Chapter 2, Section 16.02, of the City Code, plus the cost of the keep of such dog in said pound.and any penalties due and payable and upon exhibiting to the keeper ; of the pound a license duly issued pursuant to the provisions ,. of this section shall take possession of the animal. i "7.26. Disposing of Unclaimed Dogs. Any dog not reclaimed within five 5 days after being impounded may be disposed of by the pound keeper, provided that, such dog has not bitten or been suspected of biting any person. "7.27. Accounting by Pound Keeper. The pound keeper shall keep an accurate account of all dogs received at the pound and of all dogs killed, released or disposed of therefrom, and shall make a monthly accounting thereof to the City Clerk. "7.28. Impounding, Keeping and Inspecting Biting Dogs. (a) Whenever any person owning, possessing or harboring any dog within the corporate limits of the City of Plymouth shall learn that such dog has bitten any human being, such person shall immediately notify the Chief of Police. (b) Whenever the Chief of Police shall learn that any human being has been bitten by a dog within said City, he shall ascertain the identity of such dog and the person owning, possessing or harboring it, shall immediately direct such person to forthwith impound such dog as herein required. The Chief of Police shall order and direct the transport of such dog to the City pound. Any dog so impounded shall be kept continuously so confined for a period of ten (10) days after the day the dog bit a human being. (c) The Chief of Police shall immediately notify the animal warden to inform him of the place where the dog is impounded. It shall be the duty of the Chief of Police to insure that said dog is inspected by a veterinarian licensed to practice in the State of Minnesota from time to time during its period of confinement and 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. "7.29. Penalties. Any person violating any provision of this ordinance shaFlupon conviction thereof, be punishable by a fine not to exceed three hundred dollars ($300.00), or by imprisonment by a period not to exceed ninety (90) days. "7.30. State Statutes. Adopted by reference. The provisions of Minnesota statutes 35.67, 35.68, 35.69 are hereby adopted by reference and are incorporated in and made part of this ordinance as completely as if the same were set down here in full". Section 2. Effective Date. This ordinance shall take effect from and after its passage and publication. Adopted this 6th day of March, 1978. Mayor Attest: Clerk