HomeMy WebLinkAbout1981-082 Council OrdinancesORDINANCE NO. 82.
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
AN ORDINANCE REPEALING ORDINANCES NO. 26, 26A, and 73, 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 I. INTENT
ORDINANCE TO:
Subdivision 1.10 Except as hereinafter 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.
Subdivision 1.15. 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 (50) feet of any public roadway or any place
where animals belonging to or harbored by another person
are confined or kept.
Subdivision 1.21 To define guidelines for keeping of animals
on parcels of land located within the City of Lino Lakes and
less than ten (10) acres in size.
Subdivision 1.22. To facilitate distribution of animals
within this City in such a manner as to prevent coincident
and concurrent high -density populations of both residents
and animals within the same geographical area by:
a) Permitting animals to be kept on smaller parcels of
land (not less than 2.50 acres) located within the
boundaries of areas designated as Rural (R) or Rural
Residential (RR) on the current Lino Lakes Land Use
Plan or zoning map.
Subdivision 1.23. To minimize the risk of nuisances(s)
described herein and outlined in Section V, even under
proper management and animal husbandry practices by:
a) Limiting the total number of animals to 0.1 animal
per acre, based on the total acreage of the parcel.
b) Providing animal -specific nuisance guidelines.
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Subdivision 1.24. To minimize the time commitment of
Lino Lakes City Council in deliberation of Special Use
Permits for the keeping of animals by:
Registration of parcels that fall within the guide-
lines stated in Section I, Subdivision 1.22.
b) Fines and/or imprisonment upon conviction of violation
of this ordinance, State Statutes, or nuisances
defined and described herein.
SECTION II. DEFINITIONS.
When used in this ordinance, the following terms shall be assigned the
following meanings:
Subdivision 2.10. Animals: Shall mean and include horses,
mules, donkeys, cattle, sheep, swine, rabbits, skunks,
foxes, racoons, mink, and other similar animal beings
which are endowed with the power of voluntary motion.
Subdivision 2.20. Fowl: Shall mean and include all birds
of any kind, including poultry, turkeys, chickens, ducks,
geese, pigeons, gallinaceous birds, and other similar birds.
Subdivision 2.30. Household Pets: Shall mean and include
those animals and fowl ordinarily kept as pets, such as
dogs, cats, skunks, rabbits, racoons, and similar animals,
such as canaries, chickens, ducks, pigeons, and similar
birds, but shall not include horses, mules, donkeys, cattle,
sheep, goats, or swine.
Subdivision 2.40 Rural (R): Rural Residential (RR):
Expansion Residential (ER): Urban Residential (UR):
Shall mean designations applied to land within the City
of Lino Lakes as described and illustrated on the current
Lino Lakes Land Use Plan or zoning map.
Subdivision 2.50 Parcel of Land: Shall mean a piece of
contiguous real property under one title, OR a piece of
contiguous real property under more than one title, and
that the size of said real property be at least 5.0 acres
upon which is constructed no more than one (1.0) residence
or dwelling.
Subdivision 2.60 Animal Unit: Shall mean a unit of measure
to compare differences in the production of animal wastes
and which has as a standard the amount of waste produced on
a regular basis by a slaughter steer or heifer. For the
purposes of this ordinance, the following equivalents
apply:
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Species or Type Animal Units
of Animal per Single Animal
(1) Slaughter Steer or Heifer
(1) Horse
(1) Pony
(1) Mature Dairy Cow
(1) Sheep
(1) Goat
(1) Turkey
(1) Chicken
(1) Duck
(1) Rabbit
(1) Goose
1.00
1.00
0.40
1.40
0.10
0.10
0.018
0.01
0.01
0.05
0.02
Subdivision 2.70 Animals at Large: Animals not on
premises of or under direct control of their owner(s).
SECTION III. PARCELS LESS THAN TEN (10.00) ACRES.
Subdivision 3.10. Animals, except swine,may be kept on
parcels of land containing less than ten (10.00) acres
but containing a minimum of 2.5 acres in Rural and Rural
Residential areas and a minimum of 5.0 acres in Expansion
Residential and Urban Residential areas.
Subdivision 3.20. Registration of all parcels as described
in Subdivision 3.10 shall be required unless the animal
unit density is less that 0.2 per acre.
Subdivision 3.30. The maximum animal unit density for all
parcels covered by this section shall be 0.1 units per acre.
SECTION IV. REGISTRATION AS HOBBY FARM OPERATOR
The following minimum requirements must be met:
Subdivision 4.10. To be presented to the Lino Lakes City
Clerk:
a) A certified copy of title or deed to said parcel OR
previous years' Tax Statement for said parcel OR cer-
tified copy of or original Purchase Agreement for said
parcel OR lease agreement,any of which must state the
approximate parcel acreage or parcel dimensions such
that the parcel acreage and location may be readily
determined.
b) Statement of animals(s) to be kept on parcel, including:
1. Species;
2. Maximum number of each species;
3. Age, sex, color and markings, identifying brand/
tatoo, or photographs of larger animals.
Prior to moving animal(s) onto premises, plans concern-
ing housing, fencing, and waste disposal/removal must
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be filed with the City Clerk, including a sketch of
proposed fence lines, barns, and other structures
relative to property lines and existing structures on
all adjacent property.
Subdivision 4.20. Inspection. The parcel and any proposed
buildings shall be inspected by the City Building Inspector
or his designated representative(s). Inspection shall be
directed specifically toward:
a) Proximity of proposed animal housing areas to residences/
dwelling and wells;
b) Adjacent wetlands and waterways;
c) Potential drainage into adjacent wetlands and waterways.
Notice of approval will be forwarded directly to the
City Clerk by the City Building Inspector or his de-
signate(s) within two (2) weeks after Hobby Farm Operator
registration application. Re -inspection may be requested
by the registration applicant after completion of all
necessary corrections outlined by the Building Inspector
or his designate(s).
Subdivision 4.30. After receipt of the Building Inspector's
approval, the City Clerk will register the Hobby Farm
Operator for the number and species of animals requested by
the registrant. The total number of animal units shall not
exceed one-lilf; animal unit per acre of said parcel as de-
scribed in the certified copy of the title or deed or the
Tax Statement or the Purchase Agreement or the lease agreement
for said parcel.
Subdivision 4.40. A one-time Hobby Operator registration
origination fee of $5.00 per animal unit or fraction thereof
shall be assessed to defray administrative costs.
Subdivision 4.50. The Hobby Farm Operator registration
shall be renewed on an annual basis by remitting an annual
fee of $1.00 per animal unit and providing the City Clerk
with a current list of animal species and numbers of each
species housed on the parcel.
SECTION V. NUISANCE
Subdivision 5.10. 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, injure,
or endanger the health, safety, comfort, or repose of the
public or as may 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, or allow any animal to
be a nuisance as described in Section 5.30 through 5.70
Subdivision 5.20. Complaints regarding violations of the
nuisance provision of this ordinance may be filed with the
Lino Lakes Police Department.
a) The Police Department may forward complaints to the
Lino Lakes Commission for Non -Household Animal Control
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• (hereinafter referred to as the Commission).
Upon referral, the Commission shall, within a reasonable
period of time, determine the validity of the complaint.
With the consent of all involved parties, the Commission
ora majority of its membership may serve as arbitrators
in the complaint resolution.
d) Complaints which have been determined invalid or which
could not be resolved by arbitration may, at the dis-
cretion of the complainant, be pursued through the
appropriate judicial agency.
Subdivision 5.30. Trespassing while astride, driving, or
leading an animal is specifically prohibited by State of
Minnesota Statute 609.605, Subdivision 5.
Subdivision 5.40. Animal(s) at large is specifically pro-
hibited by State of Minnesota Statute 609.605, Subdivision
3. Further, persons permitting animals to habitually run
at large will, upon conviction, be subject to provision of
Section VI of this ordinance.
Subdivision 5.50. Bees may be kept on parcels meeting
minimum acreage requirements under this ordinance. The
Apiary Law (State of Minnesota) shall be used as the standard
of husbandry. Further, where appropriate, fencing around
hive(s) or colonies may be required to minimize attractive
nuisance.
Subdivision 5.60. Animal Waste. Animal husbandry and
management practices shall be performed in such a manner
that structures in which animals are housedand land
containing animals.:
a) Shall be maintained in a clean and sanitary manner;
b) Shall be free of excessive accumulation of animal wastes
c) Shall not provide an attractive breeding site for flies;
d) Shall not cause excessive emission of animal waste odors
Subdivision 5.70. Further, animal wastes shall be disposed
of by removal from the premises or by tilling into the soil
at regular intervals. The length of intervals and method
of disposal shall be determined by the Commission and based
on the density of the animal population and availability
of open land within said parcel for tillage.
Subdivision 5.80. A copy of this ordinance, including
Section V (Nuisance) and Section VI (Penalties for Non -
Compliance) shall be made available for all interested
persons at the Lino Lakes City Hall. Further, applicants
for Hobby Farm Operator registration must, at the time of
application, receive and acknowledge receipt of a copy of
this ordinance.
• SECTION VI. PENALTIES FOR NON-COMPLIANCE
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Subdivision 6.10. Any person, firm, or corporation violat-
ing 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 costs or by
imprisonment in the County jail for not more than ninety
(90) days or both. In addition, the City of Lino Lakes may
suspend or revoke any Hobby Farm Operator registration upon
conviction of violation of any of the provision of this
ordinance.
SECTION VII. CONTINUOUS, PRE-EXISTING AND NON -CONFORMING USE.
Subdivision 7.10. Hobby farms that were in operation
prior to enactment of this ordinance shall be exempt from
this ordinance, except as nuisance violations contained
herein shall apply. Exemption from this ordinance is
contingent upon compliance with all of the following pro-
visions:
Subdivision 7.11. That operation of said hobby farm as a
hobby farm has been and will remain continuous since its
origination;
Subdivision 7.12. That: any interruption in operation as
a hobby farm must not exceed twelve (12) calendar months
in length;
Subdivision 7.13. That the acreage designated as the
original hobby farm shall remain intact and shall not be
reduced by any cause, including sale of inclusive real
property or expiration of lease to said property;
Subdivision 7.14. That the hobby farm operation shall not
be intensified in terms of either numbers of animals or
additional species of animals.
Subdivision 7.15. That the non -conforming parcel be
registered as required by Section IV, within twelve (12)
months of the passage of this ordinance.
SECTION VIII. NON -HOUSEHOLD ANIMAL COMMISSION.
Subdivision 8.10. There is hereby established a
Commission for non -household animal control.
Subdivision 8.20. The Commission shall be establised
per City Ordinance No. 79
Subdivision 8.30. It shall be the duty of the Commission
to hear all complaints regarding the application of this
ordinance, make inspections, recommendations to appropriate
department, or City Council.
Subdivision 8.40. The Commission shall review all hobby
farm registration applications and their decision shall be
final as to whether or not the proposed application is in
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compliance with this ordinance.
Subdivision 8.50. Decisions of the Commission may be
appealed to the Council in writing by applicants or de-
partment heads, and the Council, at its' next regular
meeting, shall decide only if the Commission's decision
was based on the facts and that the decision was not
arbitrary or capricious.
SECTION IX REPEAL
SECTION
Subdivision 9.10. 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.
Ordinance No. 73 of the City of Lino Lakes adopted by the
Council on the 9th day of June, 1980 is hereby repealed.
Subdivision 10.10 This ordinance shall take effect and
be in force from and after its passage and publication
according to law.
i"N Passed by the City Council this ‘, day of 1981.
na I,. Sarrier, Clerk -Treasurer
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