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1996-10BII.L NO. 1996-10 AMENDMENT TO SECTION 905 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 905 of the ordinance code of the City of Richfield is hereby amended as follows: Section 905 -Animal control. 905.01. Licensing of domestic animals. Subdivision 1. Definitions. For the purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Owner" means any person owning, keeping, harboring or having custody of $ ~eg-e~-Satan animal. Subd. 3a. "Commercial kennel" means a place where more than two dogs or two cats over six months of age are kept, and where the business of selling, boazding, breeding, showing, treading or grooming dogs or cats is conducted. Subd. 3b. "Veterinary kennel" means a kennel facility or clinic operated and maintained by a licensed veterinarian, where treatment, care, diagnosis, and veterinary procedures are performed. Subd. 4. "Residential kennel" means a place where more than two dogs or two cats over six months of age are kept on premises which are zoned and occupied for residential purposes, and where the keeping of such dogs or cats is incidental to the occupancy of the premises for residential purposes. Subd. 5. A dog is "at lazge" when it is off the property of its owner and not under restraint. Subd. 6. A dog is "under restraint" if it is controlled by a leash not exceeding six feet in length, or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street or within the property limits of its owner's premises. An unattended dog on the property of another, without the consent of such property owner, is "at large" and not under restraint even though it is on a leash. Subd. 7. For purposes of Subsections 905.03-905.33. "animal" shall refer to domestic dogs and cats. 905.03. License. Subdivision 1. General rule. No person may own, harbor, keep or have custody . of deg-e~~atan animal over six months of age within the city, unless a current license for the animal has been obtained as provided in this subsection. T ~°°^~°~ ~'~~" ''° ~°°••°a °~ °~ ~~~••~' `~ .Applications for animal licenses must be made when the animal attains 6 months of age, (i) and not later than 30 days from the acquisition of an animal, (ii) and not later than 30 days from the moving of an animal into the city, (iii) this Bill No. 1996-10 _2_ registration will expire on the date the animal's rabies vaccination expires, and must be reinstated within 15 days of the expiration of the animal's rabies vaccination. Owners whose animals have received rabies vaccinations which are effective for more than one year may apply for a two or three year license, depending on the type of rabies vaccination. When making application for a multi-year license, the owner must submit all of the information required for an annual license as well as documentation indicating that the animal has received a rabies vaccination which is effective for the multi-year license being applied for. The multi-year license may not exceed the period of effective rabies vaccination stated on the vaccination certificate provided by the veterinary clinic, or veterinarian, which vaccinated the animal. These multi-year licenses may only be issued for animals which have been spayed or neutered. Subd. 2. License fees. The license fee for each ~~ ^°°, *'~°'~°°~-° r ° ~ -~ ° ^'' ^~*'~°°~~°, animal license and the charge for a duplicate animal license ~ - °~*'~°- ~~:.V,°' is as provided in appendix D. Subd. 3. Late penalty. If t-hean animal license'^°^°° ~^~ ^ a^^ °~ °^* is obtained while the animaldeg-erg is impounded by the city, or °~°°a, if the 15 day period allowed for reregistration of the animal has expired there shall be added to the regular license fee a late license penalty as provided in appendix D for each animal; provided that an owner who newly acquires an animal a°'- °- °°* -'~°~ *'~° °*~-~ ^~ +''° '~°° }ear, or an owner who has an de~eF-camanimal at the time of becoming a resident of the city, shall be allowed thirty days to secure a license, without incurring the late license penalty provided in this subdivision. Subd. 4. Contents of application. Application for a-deg~= °°~~ean animal license shall be made to the Public Safety Department. The application shall include such descriptive information as is necessary to provide reasonable identification of the animal and-his its owner. Applicants shall provide a certificate issued by a licensed doctor of veterinary medicine showing that the animal has been vaccinated against rabies, ~-that such vaccination is effective on the date of the application- and that the vaccination will be effective for the period of time for which application for animal license is made. Subd. 5. Identification of licensed animal. -Upon the issuance of ^ a^^ ^~ °°*an animal license by the city clerk or the city pound keeper, the licensee shall be provided with a maetallic tag bearing the license number; and the word "Richfield;." '~°~^^^ ^~''^^'~eg~ Except where the deg-e~atanimal for which the license is issued is indoors on the premises of his owner, the animal shall have a collar or harness on which the license tag, and current rabies tag is affixed. No person may counterfeit any tag of this city or use a counterfeit tag. Subd. 6. License nontransferable. A license tag is nontransferable to any other animal or to a new owner of the animal for which it is issued. Subd. 7. Replacement of lost tag. If any such tag is lost or stolen, the owner may obtain a new tag by surrendering the receipt for the first tag and by paying the charge for a duplicate license as provided in appendix D. Bill No. 1996-10 -3- 905.05. Dogs not to be at lark,: ' °a~~*° a:~~^~°' °~' a^^ ~ °~ An owner may not permit a dog to be at large in this city, but shall keep dog under restraint at all times. 905.06 Immediate disposal of animal feces. An animal owner, or person having custody or control of an animal, shall immediately clean up and sanitarily dispose of any feces of the animal, except that this provision does not apply to blind persons with respect to their ownership and use of seeing eye dogs. 905.07. Confinement when necessary. ~en~~e~-person. A female beg -er-~tanimal in heat shall be confined in a building, secure enclosure, veterinary hospital or boarding kennel, or shall be controlled on a leash while being exercised, provided the animal does not create a public nuisance. 905.09. Public nuisances. The keeping of a-deg-e~-eatan animal which annoys other persons is a public nuisance and is unlawful. Upon the receipt of a written complaint of such annoyance by the occupants of two or more neighboring properties, the city shall notify the owner of such deg e~-ratan animal that the nuisance shall be abated within 48 hours. Failure to obey a notice is a violation of this subsection. 905.11. Citknound. The council may provide for a city animal pound either within or outside the limits of the city. 905.13. Pound keeper. If a city pound is established, the manager shall designate the pound keeper who may appoint and deputize special officers to enforce this section. The special officer shall have police powers to cite owners of dogs or cats for violations of this section, to impound degs~e~-e-atsanimals and to enforce the provisions of this section. 905.15. Enforcement procedures. Such officers as the manager shall designate to enforce this section may pick up and impound any deg-e~-Eatanimal found not to be kept, confined or restrained, or licensed in the manner required by this section. The officers may enter upon private property where there is reasonable cause to believe that a~eg--er~an animal is on the premises and is not licensed as required by this section, or that there is ~eg-e~-Satan animal on the premises which is not being kept, confined or restrained, as herein provided. An owner shall produce for inspection Q a^^ ^~ ^~+an animal license receipt when requested to do so by the officer. 905.17. uarantine. Any d~animal, capable of carrying the rabies virus that has bitten a person shall immediately be impounded for at least ten days and kept apart from other alsliving creatures, under the supervision of a veterinarian, or the Department of Public Safety until it is determined whether the animal had or has a disease which might have been transmitted by the bite. The impounding may be done by the owner ' ,at his residence, or veterinary facility with the approval of the Department of Public Safety, but if it is not at the city pound or designated pound, the owner shall notify the pound keeper or director of public safety immediately and shall furnish Bill No. 199b-10 -4- proof in writing that the deg-e~-sa~animal is being impounded, and shall follow all policies and procedures relating to the quarantine as directed by the Department of Public Safety. Upon .the expiration often days, if it is determined that the deg-s~-satanimal does not have a disease which might have been transmitted by the bite, he may be released and the pound keeper or director of public safety shall be notified immediately prior to the release by the owner of the deg-er catanimal. If the deg~r-eatanimal is impounded at the city pound, it may be reclaimed as hereinafter provided. Any deg-e~tanimal which has been bitten by a rabid alcreature shall be euthanated or impounded and kept in the same manner for a period of six months; provided that if the deg-e~a~animal which has been bitten by a rabid creature has been vaccinated at least three weeks before the bite and within one year of the bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of forty-days before it is released. The owner of an deg-e~-e-atanimal which has been bitten by a rabid an~~creature shall notify the city pound keeper or director of public safety immediately prior to the release of the deg-er-Eatanimal. 905.19. Dangerous animals. Adoption by reference. Minnesota Statutes 343-2343.40, 346.57, 347.50, 347.51, 347.52, 347.53, 347.54, and 347.55 as they pertain to domestic animals, are adopted by reference and are as much a part of this code as if fully set forth herein. Any violation of the statutes herein adopted by reference is a violation of this code. If an deg-er-Eatanimal is diseased, vicious, dangerous, rabid or exposed to rabies and the deg--eanimal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the persons attempting to impound it, or if an deg-er~tanimal has made more than one attack on a person or persons, the deg-e~-Eatanimal may be immediately killed by or under the direction of an officer authorized to enforce the provisions of this section. 905.21. Treatment durin impounding. Any deg-er-e~animal which is impounded in the city pound or designated pound shall be kept, with kind treatment and sufficient food and water, and sanitary conditions, for the animal's comfort. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid alcreature, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If the animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least ten days. 905.23. Redemption of animals. An deg-e~animal may be redeemed from the pound by the owner upon paying the following: (a) the license fee for the animal, if the license has not previously been obtained; (b) the late license penalty, where a license has not been obtained within the time provided in this section; (c) the amount of the boarding fee which the city is required to pay to the pound keeper; Brand (d) an impounding penalty as fixed in appendix D. 905.25. Disposal of unredeemed animals. The city pound keeper or designated pound keeper shall make an effort to contact the owner of any deg-e-atanimal which has been impounded and Bill No. 1996-10 -5- which has identification on it. If at the end of the impounding period the deg-tanimal is not reclaimed by the owner, the animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes, section 514.93. If the animal is to be kept in the city, a license shall be obtained before possession of the animal is given to the purchaser, if a license is required. 905.27. Limit of dogs and cats on one premise. Not more than two dogs or cats over six months of age shall be kept on any one premise, except at a licensed commercial kennel, veterinary kennel, or a licensed residential kennel. 905.29. Abandonment. It is unlawful for any person to abandon any-~~+ag-e~-etheF animal in this city, or at the city pound, or designated city pound. 905.31. Kennel licenses. Subdivision 1. Definitions. The terms "commercial kennel," "veterinary kennel," and "residential kennel" are defined in section 905.01. Subd. 2. License required. No person may operate a veterinary, commercial, or residential kennel in this city without first obtaining a kennel license as provided in this subsection. Application for the license shall be made to the city clerk and must be accompanied by the license fee set by appendix D. The clerk shall refer the application to the council, which may grant or deny the license. Licenses issued for kennels shall be on an annual basis. The council may impose conditions upon the grantin of any residential, veterinary. or commercial kennel license. Subd. 3. Approval of continguous property owners. The application for a residential kennel license, or commercial kennel license in a residential area, shall be accompanied by a petition showing the approval of the occupants of privately owned real estate abutting the premises on which the kennel is to be located. Whether or not all of the occupants of abutting property approve the application, the council may grant or deny the license. The license may not be granted unless the council finds that the use of the applicant's premises as a residential kennel will not have, or will not be likely to have, any adverse effect upon adjacent properties or the occupancy thereof, and will not constitute a nuisance to the neighborhood. T~;neil--x~y Subd. 4. Revocation. Kennel licenses may be revoked by the council by reason of any violation of this subsection or by reason of violation of any other provisions of this code or any order, law or regulation. Subd. 5. Notice and hearine. Before revoking a kennel license, the licensee shall be given notice of the meeting at which such revocation will be considered, and if the licensee is present at such meeting, the licensee must be given an opportunity to be heard. Notice of the meeting shall be given to the licensee in writing. Written notice shall be mailed to the address of the licensee as set forth in the licensee's application for the kennel license, and it shall be mailed at least five days before the date of the meeting at which the revocation is to be considered by the council. Subd. 6. License fees. The fee for a veterinary or commercial kennel license and the fee for a residential kennel license are as fixed in appendix D. The residential kennel license fee is in addition to the usual animal license fees provided in this section, if applicable. Bill No. 1996-10 -6- Subd. 7. Sanitation. Kennels shall be maintained in a clean and healthful condition at all times, and shall be open to inspection by the director of public safety, at all reasonable times. Subd. 8. Reports to city. Each month that a kennel is operated, the owner of the kennel shall report to the city manager, accurately stating in writing the greatest number of animals kept on his kennel premises during the preceding calendar month. Animals kept by a kennel in its capacity as the city pound need not be so reported. 905.33. Reports by Hound keeper. The city pound keeper or designated pound keeper shall account for and pay over monthly to the city all monies received by him on behalf of the city as license fees or other charges. The pound keeper shall also give an accurate written report each month to the city, stating (i) licenses issued, (ii) fees or other charges collected, (iii) sales made, (iv) dogs, cats and other animals impounded, (v) the duration of any such impoundment, (vi) all animals destroyed, and (vii) other pertinent data relating to animal control which may be requested by the city manager. 905.35. Miscellaneous prohibitions. Subdivision 1. General rule. The .existence of any of the conditions enumerated in this subsection are declared to be nuisances and may be proceeded against in the manner provided in section 925. Subd. 2. Swine. No swine of any kind or nature may be kept within the limits of the city at large or in any enclosure situated within a distance of 75 feet from any dwelling house, store or shop of any person other than the owner, nor within 75 feet of any public street in the city. Subd. 3. Maintenance of grounds for fur-bearing animals. No person may keep mink, foxes, muskrats, raccoons or polecats in yards, pens or houses for breeding purposes in the city. 905.37. Maintenance of fowl and birds. Subdivision 1. Prohibition. No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may permit the same to run at large or enter upon the premises of another without permission, nor may any such fowl or birds be kept, raised or permitted to go on any street, park, lake or public ponding area. Subd. 2. Limitation on number. No more than three fowl or birds may be kept or raised on any residential property in the city. This limitation does not apply to the keeping of pigeons pursuant to a license under the provisions of this section. Subd. 3. Injury or annoyance to others. No such fowl or birds may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. Subd. 4. Impounding of fowl or birds. A fowl or bird at large in violation of subdivision 1 may be impounded by the city, and, after being impounded for three days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming any impounded fowl shall pay the cost of impounding and keeping the same. 905.39. License: pigeons. Subdivision 1. General rule. No person may keep more than three pigeons on any premises in the city without first obtaining a license as provided in this subsection, and no person may keep or harbor pigeons except in compliance with this subdivision. Bill No. 1996-10 -7- Subd. 2. Definitions. As used in this subsection, the term "pigeon" includes any and all varieties of pigeons. The term "loft" includes any and all quarters in which pigeons are housed. Subd. 3. License application. Application for a license to keep pigeons shall be made to the city clerk and accompanied by the specified license fee. The application shall be investigated by the administrative staff of the city to determine compliance with the ordinances of the city and shall then be referred to the city council, which may grant or deny the license. Licenses shall be issued on an annual basis. The applicant shall seek the written approval of such application by the occupants of all privately-owned real estate abutting the premises for which the license is sought. The approvals which are obtained shall accompany the application. The license application shall include a plan showing the construction of the proposed or existing loft and its location on the property. The loft shall be regarded as an accessory building and shall conform to the building and zoning regulations of the city. The loft shall conform in design with the principal building on the premises. Subd. 4. License fee. The annual license fee is as fixed in appendix D. The license year is from April 1 to March 31. Subd. 5. Limitation on number. Not more than 25 pigeons may be kept at any one time on any licensed premises. At the time of issuing the license, however, the council may issue a license for a lesser number. It is a violation of this subsection to keep more pigeons on licensed premises than the number authorized in the license. Subd. 6. Other restrictions. Premises on which pigeons are kept and maintained shall be kept reasonably clean from filth, garbage and any substances which attract rodents, at all times. The loft and its surroundings must be cleaned daily. The loft must be constructed and maintained so as to be fly-free and rodent-proof. Pigeons shall be fed within the confines of the loft on the premises on which the pigeons are housed. The pigeons must be confined to the loft except for short periods of exercise during which they may be permitted to fly outside the loft. Grains and food stored for the use of pigeons on any licensed premises shall be kept in rodent-free containers. The loft shall be elevated a minimum of six inches and a maximum of 12 inches above grade to insure freeway beneath the loft. The loft shall rest upon concrete footings and piers, cement blocks or other suitable foundation material. The loft shall have a maximum height of nine feet. Pigeons may not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. 905.40. Feeding of deer and raccoons prohibited. Subdivision 1. Prohibition. No person shall provide liquids or edible material to deer or raccoons within the boundaries of the city. Subd. 2. Exception. This subsection does not apply to veterinarians, city animal wardens, or county, state or federal game officials who in their course of their duties have deer or raccoons in their custody or under their management. (Added, Bill No. 1993-13) 905.41. M_ aintenance of non-domestic animals. amphibians. reptiles and insects. Subdivision 1. Definition. "Domestic animals" means and includes dogs, cats, birds kept indoors, hamsters, chinchillas, rabbits, lizards and snakes capable of being maintained continuously in cages, caterpillars and other living creatures generally referred to as domestic pets. Bill No. 1996-10 -8- Subd. 2. Maintenance ofnon-domestic creatures prohibited. All other living creatures not enumerated or covered in subdivision 1 are considered non-domestic creatures and the maintenance thereof is considered a nuisance and punishable pursuant to this part. Subd. 3. Impounding of non-domestic creatures. Any non-domestic creature kept in violation of subdivision 2 may be impounded by the city, and, after being so impounded for three days or more without being reclaimed by the owner, may be destroyed or sold. Any person reclaiming the impounded animal shall pay the costs of impounding and keeping the same. Subd. 4. Temporarypermits. The city manager may grant temporary permits, for a period not to exceed 60 days, for the keeping of any non-domestic animals for use in connection with an exhibition or seasonal display thereof, provided that he finds that such animals are not likely to be dangerous; that they will be kept in safe and sanitary surroundings; that they will not be maintained in an inhumane manner or be subjected to inhumane treatment; and that their presence on the premises will not be a source of nuisance or annoyance to the occupants of adjacent property. In granting the permit, the city manager may impose limitations upon the permit to insure that the animals will be kept under such conditions. No person having a permit to keep animals without maintaining the conditions or abiding by the limitations imposed. A permit shall be subject to immediate suspension by the city manager if the manager determines that the animals constitute a safety or sanitary hazard, are being subjected to inhumane treatment or conditions, or are a source of nuisance. The suspension shall remain in effect until the subsequent meeting of the city council at which the city council may revoke the permit or may reinstate the same subject to such limitations as the council shall deem necessary. Subd. 5. Fees. The permit fee is fixed in appendix D. Passed by the City Council of the City of Richfield, Minnesota this 13th day of May, 1996. ~' r, Martin J. Kirsch, Mayor Attest: ~ ~~` ~ 1. fly '~'ir~~'1 ~. i~ ~ ~~ ~r,.~+~~. -~ Thomas P. Ferber, City Clerk MSIJN SurrCurront SvrPOet s~r,•saYOr STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Denis L, Mindak AFFIDAVIT OF PUBLICATION being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun-Current which are stated below. and has full knowledge of the facts (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed Bill N o . 19 9 6 -10 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday ,the 2 2 day of M a v , 19 9 6 ,and was thereafter printed and published on every to and including the day of , 19 ;and printed below is a copy of the lower case alphabet from A to ~, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz 0 B TITLE: Pub i fisher Acknowledged before me on this 12 day of Jut ,iv , 19 9 6 . Public L RATE INFORMATION (1} Lowest classified rate paid by commercial users $ 2.15 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 5.95 per line (3) Rate actually charged for the above matter $ 1.09 per line Public Notice (Official Publication) STATE OF MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME Minnesota Statutes Chapter 333 All information on this form is public information. Ti~Q filing of an assumed name does not protect a user's excluside rights to that name. The filing is required as a consumer protection, in order to enable consumers to be able to identify the true owner of a business. State the exact assumed name under which the busi- ness is or will be conducted: KINGDOM COMMUNICATIONS State the. address of the principal place of business: 7312 BlaisdellAve. So. Richfield, MN 55423 The name and street address of all persons conducting business under the above Assumed Name. Patrick Childs 7312 Blaisdell Ave. So. Richfield, MN 55423 Kristin Childs 7312 Blaisdell Ave. So. Richfield, MN 55423 List the Standazd Industrial Code (SIC) that most accurately describes the nature of the business operating under this name 48. I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, I am subject to the penaItfes of perjury as set forth in Minnesota Statutes section 609.48 as if I had signed this certificate under oath. Dated: January 9,1996 Patrick J. Childs • PresidendOwner (May 15 & 22, 1996)d2/kingdom -RICH City of Richfield (Official Publication) BILI. NO. 1996-10 AMENDMENT TO SECTION 905 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 905 of the ordinance code of the City o1 Richfield is hereby amended as follows: Section 905 -Animal control. 905.01. Licensing of damestic animals. Subdivision 1. Definitions. For the purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Owner" means any person owning, keep- ing, hazboring or having custody of a dog or cat animal. Subd. 3a. "Commercial kennel" means a place where mare than two dogs or two cats over six months o1 ago aze kept, and where the business of selling, boarding, breeding, showing, treating or grooming dogs ar cats is con- ducted. Subd. 3b. "Veterinary kennel" means a kennel facility or clinic operated and maintained by a licensed vet- erinazian, whore treatment, care, diagnosis, and veterinary procedures are performed. Subd. 4. "Residential kennel" means a place where more than two dogs or two cats over six months of age aze kept on premises which are zoned and occupied For resi- dential purposes, and where the keeping of such dogs or cats is incidental to the occupancy of the premises for res- idential purposes. Subd. 5. A dog is "at large" when it is off the proper- ty of its owner and not under restraint. Subd. 6. A dog is "under restraint" if it is controlled by a leash not exceeding six feet in length, or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or pazked on a public street or within the property limits of its owner's premises. An unattended dog on the property of another, without the consent of such property owner, is "at lazge" and not under restraint even though it is on a leash. Subd. 7. For purposes of Subsections 905.03-905.33, "anima]" shall refer to domestic dogs and cats. 905.03. License. Subdivision 1. General rule. No per- son may own, harbor, keep or have custody of a dog or cat animal over six months of age within the city, unless a cur- rent license for the anima] has been obtained as provided in this subsection. Licenses shall be issued on an annual basis and shall be made for the whole or unexpired ,,vrtion of the year ending on the 30th day of June next following the first effective day of the license. Applications for ani- mal licenses must be made when the animal attains 6 months of age, (i) and not later than 30 days from the acquisition of an animal, (ii) and not later than 30 days from the moving of an animal into the city, (iii) this regis- trationwill expire on the date the animal's rabies vaccina- tion expires, and must be reinstated within 15 days of the expiration of the animal's rabies vaccination. Owners whose animals have received rabies vaccinations which are effective for more than one year may apply for a two or three year license, depending on the type of rabies vacci- nation. When making application for amulti-year license, the owner must submit all of the information required for an annual license as well as documentation indicating that the animal has received a rabies vaccination which is effec- tive for the multi-year license being applied for. The multi- year license may not exceed the'period of effective rabies vaccination stated on the vaccination certificate provided by the veterinary clinic, or veterinarian, which vaccinated the animal. These multi-year licenses may only be issued for animals which have been spayed or neutered. Subd. 2. License fees. The license fee for each dog license, the license fee for each cat license, animal license and the chazge for a duplicate animal license for either ani- mal is as provided in appendix D. Subd. 3. Late penalty. If the animal license for a dog or cat is obtained while the animal dog or cat is impound- ed by the city, or after the required license period has com- menced,if the 15 day period allowed for reregistration of the animal has expired there shall be added to the regular license fee a late license penalty as provided in appendix D for each animal; provided that an owner who newly acquires an anima] dog or cat after the start of the license yeaz; or an owner who has an dog or cat animal at the time of becoming a resident of the city, shall be allowed thirty days to secure a license, without incurring the late license penalty provided in this subdivision. Subd. 4. Contents of application. Application for a dog or cat animal license shall be made to the city clerk or to the pound keeper Public Safety Department. The appli- cation shall include such descriptive information as is nec- essary to provide reasonable identification of the animal and his its owner. Applicants shall provide a certificate issued by a Licensed doctor ofveterinary medicine showing that the animal has been vaccinated against rabies, and that such vaccination is effective on the date of the appli- cation. and that the vaccination will be effective for the period of time for which application for animal license is made. Subd. 5. Identification of licensed animal. Upon the issuance of a dog or cat animal license by the city clerk or the city pound keeper, the licensee shall be provided with a metallic tag bearing the license number, and the word "Richfield," and the yeaz when the license period beings or has begun. Except where the dog or cat animal for which the license is issued is indoors on the premises of his owner, the animal shall have a co11az or harness on which the license tag, and current rabies tag is affixed. No per- sonmay counterfeit any tag of this city or use a counterfeit tag. Subd. 6. License nontransferable. A license tag is nontransferable to any other animal or to a new owner for ' a dog or cat of the animal for which it is issued. Subd. 7. Replacement of lost tag. If any such tag is lost or stolen, the owner may obtain a new tag by surren- dering the receipt for the first tag and by paying the charge for a duplicate license as provided in appendix D. 905.05. Dogs not to be at large: immediate disposal of dog feces. An owner may not permit a dog to be at lazge in this city, but shall keep dog under restraint at all times. A dog owner and a person having custody or control of a dog shall immediately clean up and sanitarily dispose of any i feces of the animal, except that this provision does not apply to blind persons with respect to their ownership and use of seeing eye dogs. 905.06 Immediate disposal of animal feces. An ani- mal owner, or person having custody or control of an ani- mal, shall immediately clean up and sanitarily dispose of any feces of the animal, except that this provision does not apply to blind persons with respect to their ownership and use of seeing eye dogs. 905.07. Confinement when necessary. The owner shall confine within a building or secure enclosure any fierce, dangerous or vicious dog, except when muzzled and in the control of a competent person. A female dog or cat animal in heat shall be confined in a building, secure enclosure, veterinary hospital or boarding kennel, or shall be con- trolled on a leash while being exercised, provided the ani- mal does not create a public nuisance. 905.09. Public nuisances. The keeping of a dog or cat animal which annoys other persons is a public nuisance and is unlawful. Upon the receipt of a written complaint of such annoyance by the occupants of two or more neighbor- ingproperties, the city shall notify the owner of such dog or cat animal that the nuisance shall be abated within 48 hours. Failure to obey a notice is a violation of this sub- section. City of Richfield (Official Publication) BILL NO. 1996-10 AMENDMENT TO SECTION 905 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 905 of the ordinance code of the City of Richfield is hereby amended as follows: Section 905 -Animal control. 905.01. Licensing of domestic animals. Subdivision 1. Definitions. For the purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Owns{' means any person owning, keep- ing, harboring or having custody of a dog or cat animal. Subd. 3a. "Commercial kennel" means a place where more than two dogs or two cats over six months of age are kept, and where the business of selling, boarding, hreeding, showing, treating or grooming dogs or cats is con- ducted. Subd. 3b. "Veterinary kennel" means a kennel facility or clinic operated and maintained by a licensed vet- erinazian,where treatment, caze, diagnosis, and veterinary procedures are performed. Subd. 4. "Residential kennel" means a place where more than two dogs or two cats over six months of age are kept on premises which are zoned and occupied for resi- dential purposes, and where the keeping of such dogs or cats is incidental to the occupancy of the premises for res- idential purposes. Subd. 5. A dog is "at large" when it is off the proper- ty of its owner and not under restraint. Subd. 6. A dog is "under restraint" if it is controlled by a leash not exceeding six feet in length, or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street or within the property limits of its owns{s premises. An unattended dog on the property of another, without the consent of such property owner, is "at large" and not under restraint even though it is on a leash. Subd. 7. For purposes of Subsections 905.03-905.33, "animal" shall refer to domestic dogs and cats. 905.03. License. Subdivision 1. General rule. No per- son may own, hazbor, keep or have custody of a dog or cat animal over six months of age within the city, unless a cur- rent license for the animal has been obtained as provided in this subsection. Licenses shall be issued on an annual basis and shall be made for the whole or unexpired rurtion of the year ending on the 30th day of June next following the first effective day of the license. Applications for ani- ma] licenses must be made when the animal attains 6 months of age, (i) and not later than 30 days from the acquisition of an animal, (ii) and not later than 30 days from the moving of an animal into the city, (iii) this regis- tration will expire on the date the animal's rabies vaccina- tion expires, and must be reinstated within 15 days of the expiration of the animal's rabies vaccination. Owners whose animals have received rabies vaccinations which aze effective for more than one yeaz may apply for a two or three year license, depending on the type of rabies vacci- nation. When making application for amulti-year license, the owner must submit all of the information required for an annual license as well as documentation indicating that the animal has received a rabies vaccination which is effec- tive for the multi-year license being applied for. The multi- year license may not exceed the' period of effective rabies vaccination stated on the vaccination certificate provided by the'veterinary clinic, or veterinarian, which vaccinated the animal. These multi-yeaz licenses may only be issued for animals which have been spayed or neutered. Subd. 2. License fees. The license fee for each dog license, the license fee for each cat license, animal license and the charge for a duplicate animal license for either ani- mal is as provided in appendix D. Subd. 3. Late penalty. If the animal license for a dog or cat is obtained while the animal dog or cat is impound- ed by the city, or after the required license period has com- menced, if the 15 day period allowed for reregistration of the anima] has expired there shall be added to the regulaz license fee a late license penalty as provided in appendix D for each animal; provided that an owner who newly acquires an animal dog or cat after the start of the license year, or an owner who has an dog or cat animal at the time of becoming a resident of the city, shall be allowed thirty days to secure a license, without incurring the late license penalty provided in this subdivision. Subd. 4. Contents of application. Application for a dog or cat animal license shall be made to the city clerk or to the pound keeper Public Safety Department. The appli- cation shall include such descriptive information as is nec- essary to provide reasonable identification of the animal and his its owner. Applicants shall provide a certificate issued by a licensed doctor of veterinary medicine showing that the animal has been vaccinated against rabies, and that such vaccination is effective on the date of the appli- cation. and that the vaccination will be effective for the period of time for which application for anima] license is made. Subd. 5. Identification of licensed animal. Upon the issuance of a dog or cat animal license by the city clerk or the city pound keeper, the licensee shall be provided with a metallic tag bearing the license number, and the word "Richfield," and the yeaz when the license period beings or has begun. Except where the dog or cat animal for which the license is issued is indoors on the premises of his owner, the animal shall have a collar or harness on which the license tag, and current rabies tag is affixed. No per- sonmay counterfeit any tag of this city or use a counterfeit tag. Subd. 6. License nontransferable. A license tag is nontransferable to any other animal or to a new owner for 905.11. City pound. The council may provide for a city anima] pound either within or outside the limits of the city. 905.13. Pound keeper. If a city pound is established, the manager shall designate the pound keeper who may appoint and deputize special officers to enforce this sec- tion. The special officer shall have police powers to cite' owners of dogs or cats for violations of this section, to impound dogs or cats animals and to enforce the provisions of this section. 905.15. Enforcement procedures. Such officers as the manager shall designate to enforce this section may pick up and impound any dog or cat animal found not to be kept, confined or restrained, or licensed iu the manner required by this section. The officers may enter upon pri- vate property where there is reasonable cause to believe that a dog or cat animal is on.the premises and is not licensed as required by this section, or that there is a dog or cat animal on the premises which is not being kept, con- fined or restrained, as herein provided. An owner shall produce for inspection a dog or cat animal license receipt when requested to do so by the officer. 905.17. Quarantine. Any dog or cat animal, capable of carrying the rabies virus that has bitten a person shall immediately be impounded for at least ten days and kept apart from other animal living creatures, under the super- vision of a veterinarian, or the Department of Public Safety until it is determined whether the animal had or has a dis- ease which might have been transmitted by the bite. The impounding may be done by the owner and need not be at the city pound or any pound designated by the city, at his residence, or veterinary facility with the approval of the Department of Public Safety, but if it is not at the city pound or designated pound, the owner shall notify the pound keeper or director of public safety immediately and shall furnish proof in writing that the dog or cat animal is being impounded, and shall follow all policies and proce- dures relating to the quarantine as directed by the Department of Public Safety. Upon the expiration of ten days, if it is determined that the dog or cat animal does not have a disease which might have been transmitted by the bite, he may be released and the pound keeper or director of public safety shall be notified immediately prior to the release by the owner of the dog or cat animal. If the dog or cat animal is impounded at the city pound, it may be reclaimed as hereinafter provided. Any dog or cat animal which has been bitten by a rabid animal creature shall be euthanated or impounded and kept in the same manner for a period of six months; provided that if the dog or cat ani- mal which hoe been bitten by a rabid animal creature has been vaccinated at ]east three weeks before the bite and within one year of the bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of forty days before it is released. The owner of an dog or cat animal which has been bitten by a rabid animal creature shall notify the city pound keeper or director of public safety immediately prior to the release of the dog or cat animal. 905.19: Dangerous animals. Adoption by reference. Minnesota Statutes 343.20,343.40,346.57,347.50,347.51, 347.52, 347.53, 347.54, and 347.55 as they pertain to domestic animals, aze adopted by reference and are as much a part of this code as if fully set forth herein. Any violation of the statutes herein adopted by reference is a violation of this code. If an dog or cat anima] is diseased, vicious, dangerous, rabid or exposed to rabies and the dog or cat animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the persons attempting to impound it, or if an dog or cat ani- mal has made more than one attack on a person or persons, the dog or cat animal may be immediately killed by or under the direction of an officer authorized to enforce the provisions of this section. 905.21. Treatment during impounding. Any dog or cat animal which is impounded in the sty pound or designat- ed pound shall be kept, with kind treatment and sufficient food and water, and sanitary conditions, for the animal's comfort. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid anima] creature, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If the animal is known to be or is suspected of being dis- eased with a disease which might be transmitted to per- sons, it shall be kept in the pound for at ]east ten days. 905.23. Redemption of animals. An dog or cat animal may be redeemed from the pound by the owner upon pay- ing the following. (a)the license fee for the animal, if the license has not previously been obtained; (b)the late license penalty, where a license has not been obtained within the time provided in this section; (c) the amount of the boarding fee which the city is required to pay to the pound keeper; or/and (d)on impounding penalty as fixed in appendix D. 90525. Disposal of unredeemed animals. The city pound keeper or designated pound keeper shall make an effort to contact the owner of any dog or cat animal which has been impounded and which has identification on it. If at the end of the impounding period the dog or cat animal is not reclaimed by the owner, the animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes, section 514.93. If the anima] is to be kept in the city, a license shall be obtained before posses- sion of the animal is given to the purchaser, if a license is required. 905.27. Limit of dogs and cats on one premise. Not more than two dogs or cats over six months of age shall be kept on any one premise, except at a licensed wmmercial kennel,.veterinary kennel, or a licensed residential kennel. 805.29. Abandonment. It is unlawful for any person to abandon any dog or other animal in this city, or at the city pound, or designated city pound. 905.31. Kennel licenses. Subdivision 1. Definitions. The terms "commercial kennel," 'Weterinary kennel," and rocidontial lcannal" ara dafinod in aactinn ans n~ shall be given to the licensee in writing. Written notice shall be mailed to the address of the licensee as set forth in the licensee's application for the kennel license, and it shall be mailed at least five days before the date of the meeting at which the revocation is to be considered by the council. Subd. 6. License fees. The fee for a veterinary or commercial kennel license and the fee for a residential kennel license aze as fixed in appendix D. The residential kennel license fee is in addition to the usual animal license fees provided in this section, if applicable. Subd. 7. Sanitation. Kennels shall be maintained in a clean and healthful condition at all times, and shall be open to inspection by the director of public safety, at all reasonable times. Subd. 8. Reports to city Each month that a kennel is operated, the owner of the kennel shall report to the city manager, accurately stating in writing the greatest num- ber of animals kept on his kennel premises during the pre- ceding calendar month. Animals kept by a kennel in its capacity as the city pound need not be so reported. 905.33. Reports by pound keeper. The city pound keeper or designated pound keeper shall account for and pay over monthly to the city all monies received by him on behalf of the sty as license fees or other charges. The pound keeper shall also give an accurate written report each month to the city, stating (i) licenses issued, (ii) fees or other charges collected, (iii) sales made, (iv) dogs, cats and other animals impounded, (v) the duration of any such impoundment, (vi) all animals destroyed, and (vii) other pertinent data relating to animal control which may be requested by the city manager. 905.35. Miscellaneous prohibitions. Subdivision 1. General rule. The existence of any of the conditions enu- merated in this subsection aze declared to be nuisances and may be proceeded against in the manner provided in. section 925. Subd. 2. Swine. No swine of any kind or nature may be kept within the limits of the city at lazge or in any enclo- sure situated within a distance of 75 feet from any dwelling house, store or shop of any person other than the owner, nor within 75 feet of any public street in the city. Subd. 3. Maintenance of grounds for fur-bearing ani- mals. No person may keep mink, foxes, muskrats, raccoons or polecats in yards, pens or houses for breeding purposes in the city. 905.37. Maintenance of fowl and birds. Subdivision 1. Prohibition. No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may permit the same to run at large or enter upon the premises of another with- out permission, nor may any such fowl or birds be kept, raised or permitted to go on any street, pazk, lake or pub- lic ponding azea. Subd. 2. Limitation on number. No more than three fowl or birds maybe kept or raised on any residential prop- erty in the city. This limitation does not apply to the keep- ing of pigeons pursuant to a license under the provisions of this section. Subd. 3. Igjury or annoyance to others. No such fowl or birds may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. Subd. 4. Impounding of fowl or birds. A fowl or bird at large in violation of subdivision 1 may be impounded by the city, and, after being impounded for three days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming any impounded fowl shall pay the cost of impounding and keeping the same. 905.39. License: pigeons. Subdivision 1. General rule. No person may keep more than three pigeons on any premises in the city without first obtaining a license as provided in this subsection, and no person may keep or harbor pigeons except in compliance with this subdivision. Subd. 2. Definitions. As used in this subsection, the term "pigeon" includes any and all varieties of pigeons. The term "loft" includes any and all quarters in which pigeons aze housed. Subd. 3. License application. Application for a license to keep pigeons shall be made to the city clerk and accompanied by the specified license fee. The application shall be investigated by the administrative staff of the city to determine compliance with the ordinances of the city and shall then be referred to the city council, which may grant or deny the license. Licenses shall be issued on an annual basis. The applicant shall seek the written approval of such application by the occupants of all pri- vately-owned real estate abutting the premises for which the license is sought. The approvals which aze obtained shall accompany the application. The license application shall include a plan showing the construction of the pro- posed or existing loft and its location on the property. The loft shall be regarded as an accessory building and shall conform to the building and zoning regulations of the city. The loft shall conform in design with the principal building on the premises. Subd. 4. License fee. The annual license tee is as fixed in appendix D. The license year is from April 1 to March 31. Subd. 5. Limitation on number. Not more than 25 pigeons may be kept at any one time on any licensed premises. At the time of issuing the license, however, the council may issue a license for a lesser number. It is a vio- lation of this subsection to keep more pigeons on licensed premises than the number authorized in the license. Subd. 6. Other restrictions. Premises on which pigeons are kept and maintained shall be kept reasonably clean from filth, gazbage and any substances which attract rodents, at all times. The loft and its surroundings must be cleaned daily. The loft must be constructed and main- tained so as to be fly-free and rodent-proof. Pigeons shall be~fed withinthe confines of the ]oft on the premises on which the pigeons are housed. The pigeons must be con- fined to the loft except for short periods of exercise during which they may be permitted to fly outside the loft. Grains and food stored for the use of pigeons on any licensed premises shall be kept in rodent-free containers. The loft