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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. -1- 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: -2- 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 -3- 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 -4 - • (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 /'\ 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 -6 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 -7