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HomeMy WebLinkAbout1980-073 Council OrdinancesORDINANCE NO. 73 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE REPEALING ORDINANCES NO. 26 AND 26A AND ESTABLISHING AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC HEALTH BY REGULATING THE KEEPING OF ANIMALS AND FOWL WITHIN THE CITY AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. Except as herein after provided, it shall be unlawful for any person, firm or corporation to keep or harbor animals, fowl or bees in this City or permit the same to be done upon premises owned, occupied or controlled by him, except upon a parcel of land containing ten (10) acres or more. This prohibition shall not apply to cats, dogs or fowl kept as household pets. SECTION 11. When used in this Ordinance, the following terms shall be assigned the following rileanings: ANIMALS shall mean and include horses, mules, donkeys, cattle, sheep, goats, hogs, rabbits, skunks, fox, raccoons, mink and other similar animal beings which are endowed with the power of voluntary motion. FOWL Shall mean and include all birds of any kind, including poultry, chickens, turkeys, ducks, geese, pigeons, gallinaceous birds, and other similar birds. HOUSEHOLD PETS Shall mean and include those animals and fowl ordinarily kept as pets, such as dogs, cats, skunks, rabbits, raccoons and similar animals and such as canaries, chickens, ducks, pigeons, and similar birds, but shall not include horses, mules, donkeys, cattle, sheep, goats or swine. SECTION 111. Parcels less than ten (10) acres: Animals (except swine) may be kept on parcels of land containing less than ten (10) acres but containing a minimum of five (5) acres by Special Use Permit. Special Use Permits may be issued for a maximum number of animals and specific species of animals to be determined by the City Council at the time of approval of each Special Use Permit Application. Animals with contagious disease of any kind shall be securely confined on the premises of their owner or harborer and shall not be permitted to approach within fifty feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept. SECTION 1V. Special Use Permits: When approving Special Use Permits under this Ordinance or any revision there- of the Council shall consider the following list as minimum requirements: Subdivision 1. Amount of acreage for grazing. Subdivision 2. Shelter provided. Subdivision 3. Waste removal plans. Subdivision 4. Adjacent wetlands. Subdivision 5. Drainage Subdivision 6. Potential contamination of soils or ponding areas or waterways. The Council may request any additional information it deems necessary to the protection of the public health, welfare and safety. SECTION V. Inspection: The Council may require an inspection to be made of any premises upon which animals or fowl are kept to assure that proper facilities are being maintained both for the health and well-being of the animals and to avoid any nuisance to neighboring lands. The inspector shall be designated by the Council and may be any person or board of review it deems appropiate. Failure of the applicant or holder to submit to said inspection shall be considered prima facie evidence of violation of the terms and conditions of this Ordinance and shall be subject to any penalties hereinafter provided. SECTION V1. Nuisance: No person shall suffer or allow any animal or fowl to disturb the peace and quiet of the City or to otherwise become a public nuisance so as to annoy, in- jure or endanger the health, safety, comfort or repose of the public or in any way render the inhabitants of the City of Lino Lakes, or a considerable number thereof, insecure in life or in use of property. SECTION V11. Any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereof be deemed guilty of a misdemeanor and punished by a fine of not more than $500.00 and cost or by imprisonment in the county jail for not more than 90 days or both. SECTION V111. Repeal: Ordinance No. 26, of the Village (now City) of Lino Lakes, Anoka County, Minnesota, adopted by the Village Council on the 25th day of July, 1960, is hereby repealed. Ordinance No. 26A, of the City of Lino Lakes, Anoka County, Minnesota, adopted by the City Council on the 23rd day of October, 1978, is hereby repealed. SECTION 1X. This ordinance shall take effect and be in force from and after its passage and publication according to law. Passed by the City Council this 9th day of June, 1980. F. K neth Gour y, Mayp r ATTEST: Edna`1. Sa,~ner C i ty ti I- rk-Treassu rer (SEAL) CITY OF LINO LAKES PUBLIC NOTICE ORDINANCE NO. 73 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE REPEALING ORDINANCES NO. 26 AND 26A AND ESTABLISHING AN ORDI- NANCE TO PROTECT AND PRESERVE THE PUBLIC HEALTH BY REGULATING THE KEEPING OF ANIMALS AND FOWL WITHIN THE CITY AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The City Council of Lino Lakes, Anoka County, Minnesota, ordains: SECTION 1 Except as herein after provi- ded, it shall be unlawful for any person, firm or corporation to keep or harbor animals, fowl or bees in this City or permit the same to be done upon premises owned, occupied or controlled by him, except upon a parcel of land containing ten (10) acres or more. This prohibition shall not apply to cats, dogs or fowl kept as house- hold pets. SECTION 2 When used in this Ordinance, the following terms shall be as- signed the following meanings: ANIMALS Shall mean and include horses, mules, donkeys, cattle, sheep, goats, hogs, rabbits, skunks, fox, raccoons, mink and other similar animal beings which are endowed with the power of voluntary motion. FOWL Shall mean and include all birds of any kind, including poultry, chickens, turkeys, ducks, geese, pigeons, gallinaceous birds, and other similar birds. HOUSEHOLD PETS Shall mean and include those animals and fowl ordinarily kept as pets, such as dogs, cats, skunks, rab- bits, raccoons and similar animals and such as canaries, chickens, ducks, pigeons, and similar birds, but shall not include horses, mules, donkeys, cattle, sheep, goats or swine. SECTION 3 Parcels less than ten (10) acres, Animals (except swine) may be kept on parcels of land containing o less than ten (10) acres but containing a minimum of five (5) acres by Special Use Permit. Special Use Permits may be issued for a maximum number of animals and specific species of animals to be determined by the City Council at the time of appro- val of each Special Use Permit Application. Animals with contagious di- sease of any kind shall be securely confined on the premises of their owner or harborer and shall not be permitted to approach within fifty feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept. SECTION 4 Special Use Permits e...._..,.......,,-- Permits under this Ordinance or any revision thereof the Council shall consider the following list as minimum requirements: Subdivision 1. Amount of acreage for grazing, Subdivision 2. Shelter provi- ded, Subdivision 3. Waste removal plans, Subdivision 4. Adjacent wet- lands, Subdivision 5. Drainage, Subdivision 6. Potential con- tamination of soils or ponding areas or waterways. The Council may request any additional information it deems necessary to the protection of the public health, welfare and safety. SECTION 5 Inspection The Council may require an inspection to be made of any premises upon which animals or fowl are kept to assure that proper facilities are being maintained both for the health and well-being of the animals and to avoid any nuisance to neighboring lands. The inspector shall be desig- nated by the Council and may be any person or board of review it deems appropriate. Failure of the applicant or holder to submit to said inspection shall be considered prima facie evidence of violation of the terms and conditions of this Ordinance and shall be subject to any penalties hereinafter provided. SECTION 6 Nuisance No person shall suffer or allow any animal or fowl to disturb the peace and quiet of the City or to otherwise become a public nui- sance so as to annoy, injure or endanger the health, safety, com- fort or repose of the public or in any way render the inhabitants of the City of Lino Lakes, or a considerable number thereof, in- secure in life or in use of property. SECTION 7 Any person, firm or corpora- tion violating any of the provisions of this ordinance shall upon convic- tion thereof be deemed guilty of a misdemeanor and punished by a fine of not more than $500.00 and cost or by imprisonment in the county jail for not more than 90 days, or both. SECTION 8 Repeal Ordinance No. 26, of the Village (now City) of Lino Lakes, Anoka County, Minnesota, adopted by the Village Council on the 25th day of July, 1960, is hereby repealed. Ordinance No. 26A, of the City of Lino Lakes, Anoka County, Minnesota, adopted by the City Council on the 23rd day of Oct- ober, 1978, is hereby repealed. SECTION 9 This ordinance shall take ef- fect and be in force from and after its passage and publication accord- ing to law. Passed by the City Council this 9th day of June, 1980. F. Kenneth Gourley, Mayor ATTEST: Edna L. Sarner Clerk -Treasurer