HomeMy WebLinkAbout07/12/1995 P&Z Packet (2)CITY OF LINO LAKES
PLANNING & ZONING BOARD
AGENDA
July 12, 1995
6:30 P.M.
I. Call to Order and Roll Call:
II. Approval of Minutes:
June 14, 1995
III. Approval of Agenda - Changes/Additions
IV. OPEN MIKE:
SCANi
V. ACTION ITEMS: ..�--\s,-volti
VI. DISCUSSION ITEMS:
A. Proposed Dog Ordinance
B. Review/Update of Zoning Ordinance
VII. ADJOURNMENT:
AGENDA ITEM VI A
STAFF ORIGINATOR Mary Kay Wyland
DATE July 6, 1995
TOPIC Dog Ordinance
KG .0
...............
Attached for review is a comprehensive animal control ordinance
drafted by a committee of staff and residents. A Public Hearing is
anticipated, although not scheduled, for some time in the near
future (August, September). A representative from the Police
Department will be available on Wednesday to join in our discussion
of the proposed ordinance.
I have enclosed copies of our existing ordinance and the proposed
draft. The notes indicated on the draft were prepared by a
concerned residence.
OPTIONS
1. Set Public Hearing to review proposed ordinance.
2. Continue discussion to future meeting.
RECOMMENDATIO
Option 1 or 2
502. Dogs
502.01 Definitions.
Subdivision 1. Dogs. "Dog" means any animal of the
canine species.
Subd. 2. Owner. "Owner" means any person owning,
harboring, or keeping a dog; and shall include any person who keeps
for more than 10 days a dog of which the owner is unknown, and any
person keeping or caring for a dog owned by another.
Subd. 3. At Large. A dog on premises owned or leased by
its owner shall be deemed to be at large unless it is either:
(1) Under the immediate control of the owner;
(2) In the immediate presence of the owner;
(3) On a leash, cord, or chain of adequate strength to
adequately confine the dog;
(4) Inside a fence of such height and material as to
adequately confine the dog; or
(5) In a building.
A dog shall also be deemed to be at large if he is upon
a street, road, or other public property or upon private property
not owned or leased by its owner, unless the dog is either:
(1) Under the immediate control of the owner;
(2) In the immediate presence of the owner; or
(3) On a leash, cord or chain not exceeding eight feet
in length which is firmly attached to the dog and
which is in the hand of or attached to the owner.
502.02 Nuisances. The following dogs are declared to be
nuisances and no person shall keep such a dog or dogs in the city:
(1) Any dog running at large, except as allowed by
502.03.
(2) Any dog that commits damage to the person or
property of anyone other than the owner, except as
shall be committed in the defense of the owner or
his family or property.
Any female dog which is in heat and off the
premises of the owner, unless confined and in the
process of being transported to or from the
owner's premises.
(3)
(4) Any female dog in heat that is not kept in a
building or secure enclosure where said female dog
cannot come in contact with male dogs except for
planned breeding.
Any dog that snarls at persons or bites persons or
other animals, or exhibits vicious tendencies, or
habitually or loudly barks, howls, cries, yelps or
causes noise, disturbance or annoyance to persons
residing in the vicinity thereof.
(6) Any dog which frequents school grounds, public
beaches, or other public lands.
Any dog which charges vehicles or interferes with
pedestrians, or with the driving of automobiles,
bicycles, motorcycles, motorbikes, snowmobiles, or
other vehicles on public grounds, streets, or
highways.
502.03 Agricultural Uses. The council may issue an annual
permit to an owner to allow a dog to run at large on lands owned or
leased by its owner only if such is necessary for agricultural
pursuits and to protect a minimum of five domestic'animals. The
permit shall state the area where the animal shall be permitted to
run at large, and may contain such other reasonable conditions and
restrictions as the council may require. Violation of such
conditions and restrictions shall be grounds for revocation of the
permit after a hearing.
(5)
(7)
502.04 Licenses.
Subdivision 1. Required. No person shall own, keep, or
harbor a dog over the age of six months within the city, whether in
a building or outside a building, without first securing a license
'for the dog from the clerk -treasurer; provided that a person may
'have in his possession a dog owned by someone else, which dog shall
have a valid current license issued by another governmental unit,
but such possession shall not exceed a three week period except
with written permission from the city dog catcher.
Subd. 2. Records. The clerk -treasurer shall keep an
accurate written record of each license issued, the date thereof,
the name and address and telephone number of the person to whom
issued, and the name and a brief description of the dog for which
the license is issued.
Subd. 3. Term and Fees. All licenses shall expire on
January 1 of each year. The annual fee shall be $2.00 for a male
or spayed female, and $5.00 for an unspayed female. The fee shall
not be prorated, and there shall be no refund of any license fee.
The fee for a duplicate to replace a lost license shall be $1.00.
If a license has not been obtained within thirty days after the dog
has been newly purchased; or within thirty days after the dog
89
attains the age of six months; or by March 1 for renewal licenses,
the license fee shall be $10.00.
Subd. 4. Rabies Vaccination. No license shall be issued
or renewed unless the applicant shall file with the clerk -treasurer
a statement adequately identifying the dog, signed by a licensed
veterinarian certifying that the dog has been vaccinated with anti-
rabies vaccine, and the date of vaccination, which shall be not
more than 24 months prior to the date of issuance or renewal of the
license; provided that a new certificate need be filed only in
every alternate year after the initial issuance of the license.
Subd. 5. Tags. The license tag shall be kept at all
times firmly affixed to the dog for which it was issued, and shall
be non-transferrable to another dog.
502.05 Impounding.
Subdivision 1. Authorization. Any dog in violation of
this chapter may be impounded by a police officer, dog catcher, or
other properly designated officer of the city.
Subd. 2. Redemption. Any impounded dog may be redeemed
within five days of the date of impoundment by paying an impounding
fee of $30.00 for the first offense; $50.00for the second offense;
$100.00 for the third offense; and $?00.00 for the fourth and
subsequent offenses. In addition, a boarding fee of $9.00 per day
shall be paid. (Amended by Ordinance 11-87, passed August 10,
1987.)
Subd. 3. Disposal. Any dog remaining unclaimed for five
days following its impoundment may be sold to a licensed education
or scientific institution pursiant to M.S. §35.71, or may be sold
to any other person. Any dog not redeemed or sold shall be
.humanely killed and its carcass disposed of.
502.06 Penalties. In any case, upon conviction of violation
of this chapter, the minimum fine shall be $10.00 for the first
offense; $20.00 for the second offense; $40.00 for the third
offense; and $80.00 for the fourth and subsequent offenses.
90
607. Kennels
•
607.01 Definitions. WrNO'A\'
Subdivision 1. Dog. For purposes of 607.01 through
607.06, "dog" shall include all dogs over the age of six (6)
months.
Subd. 2. Private Kennels. The keeping of three -or more
dogs on the same premises, whether such dogs are owned by the same
person or not, shall constitute maintenance of a dog kennel. A
private kennel shall be limited to;amaximum of four dogs at all
times.
Subd. 3. Commercial Kennels. All kennels where the
owner(s) boards, raises, breeds, sells or otherwise cares for a
dog(s) for a consideration.
607.02 Licenses.
Subdivision 1. License Required. No person shall
maintain a kennel without having obtained a kennel license.
Subd. 2. Dog License. Dogs kept in a licensed kennel
shall not be required to be individually licensed pursuant to this
code.
607.03 Requirements.
Subdivision 1. Private Kennels. Private kennels shall
be allowed only in the "S -R", "R" and "R -X", and heavy and light
industrial districts after issuance of a conditional use permit by
the city.
Subd. 2. Commercial Kennels Commercial kennels4sha11,
be only allowed.in heavy and 'light industrial districts after
issuance of a conditional use permit by the city
Subd. 3. Health, Safety and Welfare. No kennel license
shall be issued or renewed if the council finds that maintenance of
the kennel at the subject location would be injurious to the public
health, safety or welfare.
Subd 4. Land 'Requirements.
for private kennels' in ahei"S-R'!.
ive acres' of "lana required.
and _:"R -X" district's :=
Subd. 5. Notification. Notification of public hearing
for conditional use permit to operate a kennel must be sent to all
property owners within 1,000 feet of a proposed kennel.
607.04 Conditions.
Subdivision 1., Sanitation. Every dog kennel shall be
kept in a sanitary and healthful condition.
Subd. 2. Inspection. Every dog kennel shall be open to
complete inspection by any properly designated officer or employee
of the city, at any reasonable time.
Subd. 3. Running at Large. No dog kept in a kennel
shall be allowed to run at large at any time, either on the
streets, alleys or other public grounds or on private property of
others within the city.
Subd. 4. Noise. No person maintaining a kennel shall
permit the dogs kept there to make noise from any cause whatsoever,
sufficient to constitute a public nuisance.
607.05 Nuisance.
-Subdivision 1. Any kennel kept in violation of any
provision of this code shall be deemed a public nuisance and may be
abated as such. -This shall be in addition to all other remedies
provided for violation of this chapter.
607.06 Grandfather Clause.
Subdivision 1. All kennels which are validly located
within the city prior to the adoption of this ordinance may
continue to exist as to size and present location, provided the
kennel does not violate any provisions of the code in force on the
date this ordinance is passed and adopted.
(Chapter 607 amended by Ordinance 13-84, passed December 27, 1984.)
120
502.1 Definitions:
the respective
Subd 1
Subd 2
Subd 3
Subd 4
Subd 5
Subd 6
Subd 7
Subd 8
Lino Lakes Ordinance 502 - ANIMALS
As used in this Section except as otherwise provided, the following terms shall have
meanings ascribed to them:
Animal. Any non -human, mammal, reptile, amphibian, or bird, domestic or
non-domestic, including dogs and cats.
Animal -Domestic. Animals normally kept within the home, but not exclusive of
the home, such as fish, dogs, cats, and household birds.
Animal -Non -Domestic. Animals normally kept outside of the home for the
purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds
such as fowl, pigeons, falcons, and similar animals.
Animal -Wild. Means any ape, including chimpanzee, gibbon, gorilla, orangutan,
baboon, any bison, bobcat, cheetah, crocodile, coyote, deer, including all members
of the deer family such as antelope, elk, and moose, any elephant, ferret, fox,
hyena, jaguar, lion, leopard, mountain lion, cougar, lynx, ostrich, skunk, wolf, or
brush wolf, tiger, poisonous snake, or any constrictor snake, bears, badgers; any
other animal that is wild, ferocious, or is vicious by nature, habit, disposition, or is
normally found in the wild; or any animal which is a mixed breed of any wild
animal and any other animal.
At Large. Not under restraint as defined in this section.
Cat. Any domestic feline animal, male or female, whole or neutered, of any age.
Dog. Any domestic canine animal, male or female, whole or neutered, of any age.
Dangerous Animal. Any animal which meets the definition of dangerous dog set
forth in' Minnesota Statutes Section 347.50 or any successor statute.
A Dangerous Dogs. "Dangerous Dog" means any dog that has:
(1) without provocation, inflicted substantial bodily harm on a human being on
public or private property.
(2) killed a domestic animal without provocation while off tli: owner's
property; or
been found to be potentially dangerous, and after .the owner has notice that
the dog is potentially dangerous, the dog aggressively bites, attacks or
endangers the safety of humans or domestic animals.
(3)
Subd 9 Potentially Dangerous Animal. Any animal which meets the definition of
Page 1
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Subd 10..
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Subd 11
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potentially dangerous dog set forth in Minnesota Statutes Section 347.50 or any
successor statute.
Potentially Dangerous Dog. "Potentially Dangerous Dog" means any dog that:
(1) when unprovoked, inflicts bites on a human or domestic animal on public or
private property;
(2) when unprovoked, chases or approaches a person upon the streets, -
sidewalks, or any public property in an apparent attitude of attack;
has a known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals.
(3)
Kennel, commercial. Any structure or premises on which four.(4)'onmorerdogs
or cats , of one species, over six (6) months of age are kept, owned, boarded,
groomed, sheltered, protected, bred, or offered for sale or any other merchandising
that is not defined as a private kennel under Subd 11. Every commercial kennel
shall be enclosed or fenced in such manner as to prevent the running at large or
escape of animals confined therein. After issuance of a Conditional Use Permit,
Commercial Kennels shall be allowed in the following zoning districts.Rura '(x
Commercial (GB, CB), Industrial (LI,GI)
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Subd 12
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V L\LT' d '° Subd 13
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Kennel, private. Any structure or premises on which between four (4) and 6
lador cats, of one species, over six (6) months of age are kept for private
enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in
such manner as to prevent the running at large or escape of animals confined
therein. Private Kennels shall be allowed in all zoning districts upon the issuance
of a Conditional Use Permit.
Owner. Any person, firm, corporation, organization, or department, possessing,
harboring, keeping, having an interest in, or having temporary or permanent
custody or control of an animal.
Under Restraint. Controlled by a leash of not more than six (6) feet in length;
under the voice or signal command of a competent person whose command the
animal will obey immediately; or within the limits of its owner's premises. An un-
attended dog or other domestic animal on the property of another, without the
consent of such property owner, i "at large" and not "restrained," even though it
might be on a leash.
Enforcement Personnel:
Subd 1 Enforcement.
Page 2
A The provisions of this Section may be enforced by any of the following:
(1) The primary law enforcement agency of the community.
(2) The animal control officer as designated by the City.
(3) The animal control facility contracted with by the City.
B For the purpose of discharging the duties imposed by this chapter and to enforce its
provisions, any animal control officer or any police officer is empowered to enter
upon any premises upon which a dog, cat or other animal is kept and to demand the
exhibition of such animal by the owner of such animal and the license and rabies
certificate for such animal. Any animal control officer or police officer may enter
the premises where any animal is kept in a reportedly cruel or inhumane manner
and demand to examine such animal and to take possession of such animal when, in
such officers opinion, it requires humane treatment.
Subd 2
502.3 Exemptions:
Subd 1
Interference. No person shall interfere with, hinder or molest any animal control
officer or police officer in the performance of any duty, or seek to release any
animal in the custody of the animal control officer or police officer.
Hospitals, clinics, and other premises operated by licensed veterinarians for the care
and treatment of animals are exempt from the provisions of this chapter, except
where such duties are expressly stated.
Subd 2 The licensing and vaccination requirements of this chapter, except as otherwise
expressly stated, shall not apply to any dog or cat belonging to a nonresident of the
city and kept within the city for not longer than thirty (30) days, provided all such
dogs and cats shall at all times while in the city be kept within a building, enclosure
or vehicle, or be under restraint by the owner.
Subd 3 Dogs confined to a veterinarian clinic, animal hospital or licensed commercial
kennel, or dogs engaged in law enforcement work for the city need not be licensed.
Subd 4 Section 502.01 relating to dangerous animals and potentially dangerous animals
shall not apply to dogs under the control of a law enforcement officer.
Subd 5 , Section 502.01 and 502.02 shall not apply to raptors possessed by li :znsed
falconers holding valid State and Federal Falconry Permits so long as the
conditions of the permit are being satisfied.
502.4 License and Vaccination Requirements:
Subd 1 License and Registration. All dogs and cats within the City of Lino Lakes shall
Page 3
be licensed except the following:
A Dogs and cats less than six (6) months of age;
B Dogs and cats whose owners are temporary visitors within the City for thirty (30)
days or less:
C Dogs and cats which are brought into the City for appearances in an animal show or
trial;
D Dogs being used by law enforcement officers.
Subd 2 Vaccination Required. It shall be unlawful for any dog or cat owner to keep or
maintain any dog or cat older than six (6) months of age, unless it has been
vaccinated within the prior twenty-four months with an anti -rabies vaccine by a
licensed veterinarian. No license shall be issued except upon compliance with this
Section.
Subd 3 Licensing/Vaccination Procedures.
A Application. Except as herein provided, within thirty (30) days of acquiring
possession of a dog or cat which has not been licensed by the City, or within thirty
(30) days of moving to the City with a dog or cat which has not previously been
licensed, the owner of the dog or cat shall make application for a dog or cat license.
The application shall be on forms provided by the City. The applicant shall also
provide proof of vaccination to the City prior to the issuance of a license or renewal
of a license.
B License Fee. The license fee for each dog or cat must be submitted with the license
application. The fee will be as set forth as follows:
(1) Dog or Cat, male or female, not neutered or spayed $10.00
(2) Dog or Cat, male or female, neutered or spayed $ 5.00
C Duration of License. All licenses are valid for the same length of time as the rabies
vaccination and must be renewed within 30 days after the vaccination or a $5.00
penalty will be applied.
D Receipt and Tags. Upon completion of the application form, receipt of the license
fee(s), and receipt of proof of vaccination, the City shall cause a license fee receipt
to be issued to the applicant, along with a metallic tag. The applicant shall cause the
tag to be affixed permanently by metal fastening device to the collar of the licensed
dog or cat in such a manner that the tag is easily observed. If a tag is lost, a
duplicate may be issued by the City upon presentation of a receipt showing
Page 4
payment of the initial license fee and upon payment of an additional fee for each
duplicate tag in the amount of $1.00.
E Change of Address. An applicant who has obtained a dog or cat license shall notify
the City of applicant's address change within corporate limits of the City within
thirty (30) days of any address change.
Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any
counterfeit tag to any dog or cat in the City.
G Transfer of Tags. No person shall transfer a dog or cat tag from one dog or cat to
another.
H Change of Ownership. If there is a change in ownership of the dog or cat during
the year, the new owner may have a current license changed to their name upon
payment of an ownership transfer fee, or may secure a new license. The ownership
transfer fee shall be $1.00
502.5 Kennels:
Subd 1
A
B
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B
C
Requirements.
Health Safety and Welfare. No kennel license, commercial or private shall be
issued or renewed if the council finds that maintenance of the kennel at the subject
location would be injurious to the public health, safety or welfare.
Land Requirements On , a f land or more is required for private kennels in
residential districts.
Notification. Notification of public hearing for conditional use permit to operate a
kennel must be sent to all property owners within 1,000 feet of a proposed kennel.
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Conditions.
Sanitation. Every dog kennel shall be kept in a sanitary and healthful condition.
Inspection. Every dog kennel shall be open to complete inspection by any properly
designated officer or employee of the city, at any reasonable time.
Running at Large. No dog kept in a kennel shall be allowed to run at large at any
time, either on the streets, alleys or other public grounds or on private property of
others within the city.
Page 5
D ,Noise. No person maintaining a kennel shall permit the dogs kept there to make
noise from any cause whatsoever, sufficient to constitute a public nuisance.
Subd 3 Nuisance.
Any kennel kept in violation of any provision of this code shall be deemed a public
nuisance and may be abated as such. This shall be in addition to all other remedies
provided for violation of this chapter.
Subd 4 Grandfather Clause.
All kennels which are validly located within the city prior to the adoption of this
ordinance may continue to exist as to size and present location, provided the kennel
does not violate any provisions of the code in force on the date this ordinance is
passed and adopted.
Subd 5 Dog kennels --License; required, fee, term; penalty.
A It shall be unlawful for any person to own or operate any dog kennel, commercial
or private, unless a licensed conditional use permit as per the city zoning ordinance
is secured therefore. All kennels are subject to annual review and inspection. The
annual license fee for a Commercial Kennel shall be one hundred dollars ($100.00)
for each kennel. The annual license fee for a Private Kennel shall be twenty dollars
($20.00) for each kennel. In addition, all dogs or cats kept in Private Kennels shall
be licensed under the requirements of Section 502.04 of this ordinance. All kennel
licenses expire on April thirtieth next following issuance of the license, except that
such licenses may be renewed prior to June first without penalty.
B Any person in violation of any of the provisions in this chapter shall be guilty of a
misdemeanor. Each day on which such violation continues shall constitute a
separate offense.
C Application The Kennel applications shall contain the following:
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(1) elherfthe ;license asa dor commerctal'or pnvae ptugose .
(2) The location of the premises of the kennel along with the home and work
telephone numbers of the licensee and one other person who could be
contacted in the absence of the licensee.
(3) The maximum number and species of adult dogs, cats, or combination
thereof, to be kept on the premises KhetermY` 4idul ed j%ereui shawl
n ltide�aty�:ioversixmonths���ag
(4) A site plan showing the location, size, and'type of all structures for housing,
fencing, and runs for dogs. If the license is for cats, the plan need show
Page 6
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(8)
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only the location, size, and type of structures for housing. Separate housing
and runs for dogs shall be a minimumk5 e ror -ne
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°`habitable�dw flim aminimun of ten t E) ee fi om anv prope` tline.
If the ograndDr ams e o bekeppmIy wit in a buildingrtl e
applicant shall so state.
Whether the applicant anticipates breeding the animals and, if so, how often
and the expected size of the litters.
The method to be used to keep premises in a sanitary state.
The method to be used to keep the animals quiet.
An agreement by the applicant that the premises may be inspected by the
City at all reasonable times.
Issuance and Conditions. The City Clerk shall refer the application to the Council.
The Council or Planning and Zoning Board shall conduct a public hearing. The
issuance of a license shall be within the discretion of the Council. In making such
"211.'1 ' S'r-N\ determination, the Council shall take into consideration the following: adequacy of
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housing and runs for the animals; the methods to be used for sanitation and to
maintain quiet; the quantity and height of the fencing; and , with particularity, any
violations during the previous license period, if applicable. The Council may
impose such conditions as it shall deem necessary and appropriate to carry out the
intent of this Chapter.
Revocation If a licensee fails to comply with the statements made in the
application or with any reasonable conditions imposed by the Council; or violates
y other provision of this Chapter, the licensee shall be notified by mail and given
ten (10) days to remedy any defects or defaults. If such condition be not remedied
in said ten (10) days, the Council may revoke the license.
Unlawful Acts. It shall be unlawful for any licensee to do or permit any of the
following:
(1) Allow any of the dogs to run at large on any street or public property or any
private property not owned by the licensee or under the licensees's control.
Allow the premises to be kept in an unsanitary or unhealthful condition.
Burn offal or waste.
Allow the animals to bark, yelp, or fight so as to disturb the neighborhood
either night or day.
Allow any of the animals to bite or scratch anyone lawfully on or off the
premises.
Maintain any animals in such manner as to create a nuisance by way of
noise, odor, or otherwise.
Sell or cause to be sold any dog or cat without first providing the purchaser
with written certification as to the origin of the animal.
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Page 7
(8)
All dogs and cats shall be always treated in a humane manner as set forth in
Minnesota Statute Chapter 346.
G Tags. In the case of Private Kennels, licensees shall affix an identification tag to all
,dogs and cats owned by or under the control of the licensee. Such identification
tags shall meet the requirements set forth in this ordinance.
H Rabies Vaccination A licensee shall cause every dog and/or cat in the kennel to be
vaccinated by a licensed veterinary surgeon with anti -rabies vaccine. Puppies and
kittens shall be so vaccinated at or before the age of sixteen weeks and again at the
age of one year. Adult animals shall be so vaccinated at least once in every 24
month period or as often as needed under the type of vaccine used to ensure
immunity.
502.6 Regulations:
Subd 1
Subd 2
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Subd 3
C2`c�`t C�`cr2
All dogs shall be kept under restraint by their owners at all times.
The owner of any animal in heat shall cause such animal to be confined in such a
manner so as not to come in contact with any other animal during such time as the
animal is in heat, except for intentional breeding purposes.
The owner of any animal shall prevent the animal from cor.=mitting in the City any
act which constitutes a nuisance. Acts which constitute a nuisance include, but are
not limited to, the following:
A To bark, bay, howl or make any other loud noise;
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(1) ° ' Habitual) ::or fie ent between the hours of 8:00 p.m. and 8:00 a.m.;
(2) Consistently for a period: `e% u or longer between the hours of
8:00 p.m. and 8:00 a.m.; or
Consistently for a period of tencninutesjor longer between the hours of 8:00
a.m. and 8:00 p.m.
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(3)
To be present on school grounds.
To chase vehicles or to molest or unreasonably annoy any person while away from
• the property of its owner.
A dog shall not be deemed a barking dog if, at the time the dog is barking or
making any other noise, a person is trespassing or threatening to trespass upon the
private property upon which the dog is situated or when the dog is teased or
provoked.
age 8
Subd 4 Feces Disposal:
A The owner of any animal shall be responsible for the sanitary disposal of all feces
material deposited by such animal in the following manner:
(1) During the period of November 1st through April 30th, all feces material
shall be removed from the owner's premises and/or stored in a sanitary
manner within seventy-two (72) hours.
(2) During the period of May 1st through October 31st, all feces material shall
be removed from the owner's property and/or stored in a sanitary manner
within forty-eight (48) hours.
(3) Objectionable feces odor and/or flies detectable at the adjoining property
line shall be deemed a violation of this Section.
B The owner of any animal shall not permit such animal to be on park. property, City
trails, public property or the property of another without having in the owner's
immediate possession a device for the immediate removal of feces material
deposited by the animal, as well as a container for the transport of such material to
an appropriate disposal receptacle. The owner of such animal shall be responsible
for immediately removing such material from public property or private property of
another to a proper disposal receptacle located on the property of the owner.
C The provisions of this Section shall not apply to the ownership or use of seeing -eye ,
dogs by blind persons; ownership or use of companion dogs by quadriplegic,
paraplegics or other individuals with severe disabilities who are unable to clean up
after the companion dog; dogs when used in police activities by the City; or
tracking dogs when used by or with the permission of the City.
Subd 5 Humane Treatment of Animals:
A The owner of any animal within the City shall provide such animal with sufficient
wholesome food and water on a daily basis, proper and sufficient shelter from the
weather, and veterinary care when needed to prevent suffering of any sick or
injured animal.
B No person shall beat, torment, tease, or otherwise abuse an animal, or permit an
animal fight.
C No person shall allow residentially or commercially zoned property to be used for
maintaining more than three (3) dogs over six (6) months of age, or three (3) cats
over six (6) months of age without obtaining the appropriate kennel license.
Guard Dog Warning Signs. A person maintaining a dog for security purposes
Page 9
within the City shall post a sign at all entrances to the property. Said sign shall be a
minimum of 6" x 12", with letters of contrasting color, a minimum of 2" in height,
and a brush stroke of 1/2" minimum, with the following words affixed to such sign,
"DANGER - GUARD DOG".
502.7 Impounding and Confinement:
Subd 1
Abandoned Animals. Upon written notice of the Chief of Police or designated
agent, that private property is attracting or providing shelter to animals that are not
owned or cared for by any known person, the owner of such property shall be
responsible for removing such animals in a humane manner within thirty (30) days
of such written notice.
i. ', ..
Subd 2 Impounding and Confinement. C C
CI !
A Any animal found running at large may be seized by arf animal control officer or a
police officer, and impounded at a designated animal shelter, and there confined in
a humane manner for a minimum period of the greater of seven (7) days or five (5)
business days (the Impoundment Period), unless claimed by the owner.
Animal control officers are not authorized to enter private dwellings for the purpose
of seizing animals.
Before seizing an animal from the private property of its owner, the animal control
officer shall make a reasonable attempt, taking into consideration the time of day
and nature of the violation, to notify the owner that the animal is being seized
because it was observed by the animal war -den tp be in violation of the provisions of
this chapter. ``kr�A k-;,�
D When an animal is seized from the private property of its owner and the animal
control officer has been unable to notify the owner of the reason for seizing the
animal, the animal control officer shall leave a written notice affixed to the
dwelling unit, in a conspicuous manner, indicating the day and time the animal was
seized; the reason for seizing the animal; and the address of the shelter where e the
animal can be found.
E Immediately upon impounding animals, reosonabie efforts shall be made to notify
the owner and inform the owner of the animal's confinement and the procedures for
release of the animal to owner.
F Disposition of unclaimed animals: An animal which is not redeemed by the owner
within the Impoundment Period may be disposed of in any manner provided by
law. Any animal that is not claimed by the owner or sold within the prescribed time
Page 10
may be euthanized and disposed of in a humane manner by the appropriate animal
shelter facility. Upon notice from the appropriate animal shelter facility that an
animal is sick and/or injured, the Chief of Police or designated agent is authorized
to permit euthanization at any time within the Impoundment Period in an effort to
end the suffering of such animal.
G Owner title of any animal may be transferred to the animal shelter facility upon
expiration of the Impoundment Period and if the animal has not been claimed by
the owner in the manner required by this Section.
H Impoundment Fees. Any animal impounded under this Section may be reclaimed
by its owner within the Impoundment Period. Before the owner shall be permitted
to retake possession of the animal, the owner shall make payment to the animal
shelter of all required fees and costs of such impoundment.
502.8 Rabies Control.
Subd 1 The Minnesota health laws and regulations are hereby adopted in cases of animals
which have bitten persons and the animal is rabid or is suspected of being rabid.
Subd 2 It shall be the duty of every physician to report to the Police Department the names
and addresses of any person treated for bites inflicted by an animal, together with
any other information deemed helpful in the control of rabies.
Subd 3
It shall be the duty of the owner of any animal to immediately, but in all cases no
later than twenty-four (24) hours, report to the Police Department all bites inflicted
by the owner's animal to any person. The owner of any such animal shall also be
required to provide to the police written proof of vaccination and pertinent
insurance information when warranted or requested by the police.
Subd 4 It shall be the duty of any veterinarian to report to the City a diagnosis of any
animal observed by the veterinarian to be suspected of having rabies.
Subd 5 The police are hereby authorized to take into possession any animal suspected of
having rabies following a bite inflicted to any person, and to have the animal
destroyed in a humane manner for the purpose of determining whether the animal is
in fact, a rabies carrier. The City and/or its agents shall not be held liable for the
destruction of such animal when the animal has inflicted injury upon any person
and the City and/or its agents act in good faith to protect the public.
Subd 6 Whenever an animal has bitten a person and is not destroyed pursuant to Section
502.08 (E), or whenever a suspected or known rabid animal is picked up by an
animal control officer or police officer, such animal may be confined for a
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minimum period of ten (10) days as follows:
A Upon proof of current rabies vaccination, the animal control officer or police may
authorize the confinement of the animal at the owner's place of residence, provided
that the animal shall not be permitted to come in contact with other animals or
persons, and provided further that the animal be muzzled and on a leash not
exceeding six (6) feet when removed from the place of confinement.
B If no proof of current vaccination is provided, or if the animal control officer or
police do not consent to confinement at the owner's place of residence, the animal
shall be confined at the animal control facility for the entire ten (10) day period at
the owner's expense.
C An animal under confinement may not be removed from such confinement prior to
the expiration of the l0 -day period without written permission of the animal control
officer or the Chief of Police.
D The owner of any animal confined at the owner's residence shall, at all times,
permit the inspection of such animal during the confinement period•upon oral
request of animal control officers or the police. The owner shall further be
responsible for immediately reporting any change in the animal's health or behavior
to the appropriate animal control officer during the confinement period.
E A quarantined animal shall be confined to an enclosure in such a manner so as to
prevent the animal from escaping. All openings to the enclosure shall be locked
with a secure locking device. The animal shall not be removed from the enclosure
unless muzzled and on a leash not exceeding six (6) feet in length, and under the
control of a competent person.
F An animal control officer and/or police officer may enter upon the private property
of another for the purposes of removing such quarantined animal to an animal
shelter when it has been determined that such quarantined animal is not being
maintained by the owner in a manner consistent with the provisions of this Section.
502.9 Dangerous and Potentially Dangerous Animals.
Subd 1
No person shall bring into the City an animal which has previously been declared
by another jurisdiction to be dangerous or potentially dangerous. The City shall
seize and destroy, at the owner's expense, any animal brought into the City in
violation of this provision.
Subd 2 The following provisions of this Section shall apply to all animals which are not
covered under Section 502.09 Subd 1. In the event the City becomes aware that a
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Subd 3
dangerous or potentially dangerous animal is owned by a resident of the City, the
Chief of Police or designated agent shall determine whether the animal should be
removed from the City, or whether it would be sufficient for the animal's owner to
comply with Minnesota's dangerous dog statute, Minnesota Statutes Sections
347.50, et. sea. Upon making the determination, the Police Chief or designated
agent shall send a notice to the animal's owner via certified mail, return receipt
requested. The notice shall provide: (i) that the animal has been classified as
dangerous or potentially dangerous; (ii) either that the animal must be permanently
removed from the City or that the owner must comply with the requirements of
Minnesota's dangerous dog statute; (iii) that the owner may appeal the classification
and determination by hand -delivering an enclosed appeal form to the Police
Department within fourteen (14) days from the date of the notice; (iv) and that, if
the owner fails to appeal, the owner must comply with the notice of the Police
Chief by either permanently removing the animal from the City or, if allowed by
the Police Chiefs determination, to comply with the Minnesota dangerous dog
statute.
If the owner of an animal elects to appeal, the appeal shall be referred to the City
Council for a hearing. The City Administrator shall notify the owner of the animal
by certified mail, return receipt requested, of the time and date of the hearing.
Notice must be given at least fourteen (14) days prior to the hearing. The notice
shall state that the owner may be represented by legal counsel during such hearing
and may provide oral and written testimony. The Council shall maintain an
electronic record of the hearing.
Subd 4 If the City Council declares the animal to be dangerous or potentially dangerous,
the City Administrator shall notify the owner of the animal by certified mail, return
receipt requested, that the City Council has declared the animal dangerous or
potentially dangerous, and has ordered either that the animal be permanently
removed from the City, or that the owner comply with the requirements of
Minnesota's dangerous dog statute, as the case may be.
Subd 5
The owner of any animal declared dangerous or potentially dangerous must comply
with the Police Chiefs or the City Council's order, as the case may be, within
fourteen (14) days from the Police Chiefs notice in the event that the owner did not
appeal, or within fourteen (14) days from the City Administrator's notice.
Subd 6 If the owner of an animal that has been declared dangerous or potentially dangerous
fails to comply with the Police Chiefs or City Council's order, the animal control
authority and/or police shall seize the animal. If the owner was ordered to remove
the animal, the seized animal may be immediately destroyed. If the owner was
ordered to comply with the Minnesota dangerous dog statute, the seized animal
shall be housed at the appropriate animal shelter facility at the owner's expense for
Page 13
a minimum period of seven (7) days, excluding holidays. If the owner of the animal
fails to reclaim the animal and to comply with the requirements of the dangerous
dog statute within seven (7) days, excluding holidays, the animal may be destroyed
at the owner's expense.
Subd 7 In the event of any conflict between this Section and Sections 320.11, 320.12 or
320.13, the provisions of Sections 320.11, 320.12 and 320.13 shall govern.
502.10 Wild Animals.
Subd 1 No person shall keep or maintain any wild animal within the corporate limits of the
City, except as provided in this subsection:
A The owner or proposed owner of any wild animal shall, prior to bringing the wild
animal into the City, make application to the City for a wild animal permit on an
application form provided by the City. Such application shall be submitted to the
City Administrator, together with the following required fees and/or
documentation:
(1) That the applicant possesses all necessary state and federal wild animal
permits, and that all such permits shall be maintained by the owner in valid
form during the time that such wild animal is possessed by the owner.
Expired state and/or federal permits shall cause the City's wild animal . .
permit to be considered null and void.
(2) A written statement shall be submitted with the application by a licensed
veterinarian that such wild animal has been vaccinated in an appropriate
mariner, consistent with accepted veterinary practices, where applicable.
(3) A copy of a valid insurance policy providing liability coverage for any harm
caused by the wild animal with limits of not less than $100,000 per person
and $300,000 per occurrence and naming the City as an additional insured.
The certificate shall provide that it may not be canceled except upon ten
days written notice to the City. The certificate and all renewals thereof shall
be delivered to the City. The City Administrator may waive the insurance
requirement upon a determination that the wild animal does not pose a
substantial risk.
(4) A written statement by the owner that such wild animal will be maintained
in a locked enclosure and removed only by a competent person for purposes
of sanitation. The removal of such wild animal shall be conducted while the
animal is muzzled and on a chain or leash not exceeding six (6) feet in
length, under sedation, or under the complete physical control of the
attendant.
A written statement by the owner that such enclosure shall be posted with
plainly visible warning signs on all sides of the enclosure with letters of
(5)
Page 14
contrasting color. The sign shall measure a minimum of 6" x 12", and have
letter of 1/2" stroke and a minimum of 2" height, with the following
inscription: "DANGER - WILD ANIMAL".
(6) A fee as set at $35.00.
Subd 2 The City may deny or attach conditions to the permit based upon the type of
animal, the character of the owner's residence and neighborhood, and any other
appropriate factors. If the permit is granted, the owner may bring the animal into
the City, subject to any requirements of this Section and any permit conditions. The
permit need not be reviewed, but shall be subject to review at any time by the City.
Subd 3
The Chief of Police or designated agent is hereby authorized to immediately
impound any wild animal not in compliance with this Section. The impoundment
shall be in accordance with Sections 320.11 and 320.12.
502.11 Summary Destruction.
Subd 1
Whenever an animal control officer or police officer determines that any animal
presents an immediate threat to the safety of any member of the public, after
making a reasonable attempt to impound such animal, the officer is hereby
authorized to destroy such animal in the interest of public safety.
502.12 Penalty for Violations of this Chapter.
Subd 1 Any violation of this Section is a misdemeanor. Each day on which a violation
continues shall constitute a separate violation.
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