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Home My WebLink About07/23/1995 P&Z PacketCITY 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: V. ACTION ITEMS: VI. DISCUSSION ITEMS: A. Proposed Dog Ordinance B. Review/Update of Zoning Ordinance VII. ADJOURNMENT: SCG AGENDA ITEM VI A STAPF ORIGINATOR Mary Kay Wyland DATE July 6, 1995 TOPIC Dog Ordinance IMO 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. OPTI' 1. Set Public Hearing to review proposed ordinance. 2. Continue discussion to future meeting. RECOMMENDATION • 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 $200.00 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 pursuant 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. s W Tod coal -AV . Subdivision 1. Doq. 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 a maximum 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. Doq 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 KennelsCommercialkenn0.s4shail be only allowed in heavy and ' industrial ndustrial 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. Five -acres' of lana required for private kennels in- thel PS -Rs!.; .921-1 , and "R -X!! districts 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