HomeMy WebLinkAbout2011-019 Council Ordinanceslst Reading: 9/ 2 6/ 2
01
1
Publication: 1
0/ 1
8/ 1
1
2"d Reading: 1 0/ 1 0/
1 1
Effective: 1 1/ 1
7/ 1
1
Council Member 0' Donnell moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 19-11
AMENDING TITLE 500, CHAPTER 503 OF THE LINO LAKES CODE OF
ORDINANCES RELATING TO ANIMAL CONTROL REGULATIONS.
The City Council of Lino Lakes ordains:
Section 1. That the index for Chapter 503 be amended to read as follows:
503.01
503.02
503.03
503.04
503.05
503.06
503.07
503.08
503.09
503.10
503.11
503.12
503.13
503.14
503.15
503.16
503.17
503.18
503.19
503.20
503.21
503.22
503.23
503.24
Definitions
Enforcement
Right of entry
Impounding animals
Impounding strays
Impounding facility
Redeeming impounded animals
Disposition of impounded animals
License and vaccination requirements
Kennel licenses: private and commercial
Health and maintenance standards
Prohibitions
Confinement in motor vehicle
Rabies; animal bites
Attack by an animal
Dangerous animals reements
Appeal process
Farm Animals Notification of new address
Wild Animals Dangerous animal requirements
Penalty Forfeiture of ownership rights
Exemptions animals
Wild animals
Penalty
Exemptions
Section 2. That Section 503.01 of the above -entitled ordinance be amended to
read as follows:
503.01 DEFINITIONS.
A DANGEROUS ANIMAL is an animal that has:
1. Without provocation, caused bodily injury or disfigurement to any person
on public or private property;
2. Without provocation, engaged in any attack on any person under
circumstances which would indicate danger to personal safety;
3. Exhibited unusually aggressive behavior, such as an attack on another
animal; or
4. Bitten one or more persons on two or more occasions.
HEARING OFFICER. The person designated by the City Council to hear appeals
brought pursuant to this Chapter 503.
PROPER ENCLOSURE. Proper enclosure means securely confined indoors or in a
securely locked pen or structure suitable to prevent the animal from escaping and to
provide protection for the animal from the elements. A proper enclosure does not include
a porch, patio or any part of a house, garage or other structure that would allow the
animal to exit of its own volition, or any house or structure in which windows are open or
in which door or window screens are the only barriers which prevent the animal from
exiting. The enclosure shall not allow the egress of the animal in any manner without
human assistance. A pen or kennel shall meet the following minimum specifications:
1. Have a minimum overall floor size of 32 square feet;
2. Sidewalls shall have a minimum height of five feet and be constructed of
11 -gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts
shall be one and one-quarter inch or larger steel pipe buried in the ground 18 inches or
more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of
18 inches in the ground;
3. A cover over the entire pen or kennel shall be provided. The cover shall be
constructed of the same gauge wire or heavier as the sidewalls and shall have no
openings in the wire greater than two inches; and
4. An entrance/exit gate shall be provided and be constructed of the same
material as the sidewalls and shall also have no openings in the wire greater than two
inches. The gate shall be equipped with a device capable of being locked and shall be
locked at all times when the animal is in the pen or kennel.
UNPROVOKED. Unprovoked shall mean the condition in which the animal is not
purposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption
that any attack on a child 14 years of age or younger shall be considered to be
unprovoked unless the child is engaged in an act that could reasonably be anticipated to
cause an animal to attack or bite.
Section 3. That Section 503.12, Subdivision 8, of the above -entitled ordinance be
amended to read as follows:
503.12 PROHIBITIONS.
(8) An owner of an animal must not fail to restrain the animal from inflicting or
attempting to inflict bodily injury on a person at any place or on a domestic animal off
the owner's property, except in the circumstances defined in §503.15 (3) (b), potentially
Section 4. That Section 503.15, of the above -entitled ordinance be amended to
read as follows
503.15
BY AN ANIMAL.
wr
IMP Er
. ' 1
III:111, MI
4 •
UP NIP
ATTACK
(1) Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt
to inflict bodily injury to any person or other animal whether or not the owner is present.
This section shall not apply to an attack by a dog under the control of an on -duty law
enforcement officer or to an attack upon an uninvited intruder who has entered the
owner's home with criminal intent.
(3) Definitions.
(b) A POTENTIALLY DANGEROUS ANIMAL is an animal which has:
1. Bitten a human or a domestic animal on public or private property;
public property in an apparent attitude of attack; or
of humans or domestic animals.
(c) PROPER ENCLOSURE. Proper enclosure means
securely locked pen or structure suitable to prevent the animal from escaping and to
•
a porch, patio or any part of a house, garage or other structure that would allow the
animal to exit of its own volition, or any house
in which door or window screens are the only barriers which prevent the animal from
in . . •. .
. . .
human assistance. A pen or kennel shall meet the following minimum specifications:
1. Have a minimum overall floor size of 32 square feet;
2. Sidewalls shall have a minimum height of five feet and be constructed of 11 gauge or
concrete floor is not provided, the s4dewalls shall be buried a minimum of-1-8-inc-hes-in
the ground;
of the same gauge wire or heavier as the sidewalls and shall have
greater than two inches; and
.
.
4. An entrance/exit gate shall be provided and be constructed of the same material as the
shall be equipped with a device capable of being locked and shall be locked at -all -times
when the animal is in the pen or kennel.
(d) UNPROVOKED. Unprovoked shall mein the condition in which the animal is not
purposely excited, stimulated, agitated or disturbed.
(4) Designation as potentially dangerous animal. The animal control officer shall
designate any animal as a potentially dangerous animal upon receiving evidence that a
potentially dangerous animal has, when unprovoked,
animal is declared potentially dangerous, the animal control officer shall cause one owner
dangerous.
(5) Evidence justifying designation. The animal control officer shall have the authority to
person or domestic animal as stated in division (3)(a) above; or
attached or threatened the safety of a person
(3)(a) above.
.
• •• •
•
.
•
following findings of fact:
(a) The animal is dangerous as demonstrated
an attack without warning or multiple attacks; or
animal in order to prevent injury to persons or other animals.
(7) Procedure. The animal control officer, after having determined that an animal is
(a) The animal control officer shall cause one o
•• •
•
•. i •* •i
before the City Council for a review of this determination.
1. If no appeal is filed, the orders issued
order the animal destroyed.
- e : - •
• •• - . - -
• • • . .
2. If an owner requests a hearing for determination as to the s . -
animal, the hearing shall be field before the C.
hearing not more than three weeks after demand for the hearing. The records of the
animal control or City Clerk's office shall be admissible for cons
di
A • V i
. • .i • • . * • . A & lh • . A 1 . & •
. • . . • . •OP
. .
• • • • •
V • •
A ilk
.
.
. •
A 01 .
• r •
•
- • -� • • . •
•
- . £ ••
• . •
• • i
. •
•
& 41• • # . /S db A • a * . • . • .. . • • * •
• • • • • . • • • • . • . •• .
• • • ! • • •• • • • as 0 • • • * •41, • •• • *41, 41 A . • • A
• • • . • • .. •. • • . . . . • . • •
•
& .
.
control officer.
• • - a
•• •• • • . - •1 • • • •
• • • a .• f • • • • • • • • • . . • •• •
.
lk . • • • . • • • • • • •• & - • • - - • • • . . • - . . . - • • .• . i - .
1/1,• . . • • • • • • • • . .. . . • . .. • IP.
into custody for destruction.
(8) Stopping an attack. If any police officer or animal control officer is witness to an
attack by an animal upon a person or another animal, the officer may take whatever
means the officer deems appropriate to bring the attack to an end and prevent further
injury to the victim.
(9) Notification of new address. The owner of an animal which has been identified as
animal is to be relocated from its current address or .
notification must be given in writing at lcast 11 days s
ownership. The notification must include the current owncr's namc and address, the
relocation address and the name of the new owner, if any.
Section 5. That Section 503.16, of the above -entitled ordinance be amended to
read as follows:
503.16 DANGEROUS ANIMALS.
(5) (1) Evidence justifying dDesignation as dangerous animal. The animal control officer
shall have the authority to designate any animal as a dangerous animal upon receiving
evidence of the following: that the animal meets any of the criteria set forth in the
definition of dangerous animal in Section 503.01.
(a) The animal has, when unprovoked, bitten, attacked or threatened the safety of a
attached or threatened the safety of a person or domestic animal as stated in division
(3)(a) above.
(6) Authority to order destruction. The animal control officer, upon finding that an
animal is dangerous hereunder, is authorized to order, as part of the disposition of the
•
• • . . . . • . . . . • . e.. • .. •
• • • • • • . • • • • • • . ••
_
following findings of fact:
(a) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack,
an attack without warning or multiple attacks; or
animal in order to prevent injury to persons or other animals.
(7) (2) Procedure. The animal control officer, after having determined that an animal is
dangerous, may shall proceed in the following manner:
(a) Order the animal seized and kept at an animal control facility at owner's expense.
The owner shall immediately make the animal available for seizure, and failure to do so
shall be a misdemeanor.
(b) The animal control officer shall then determine whether to
1. Order the animal destroyed, or
2. Impose the conditions set forth in Section 503.20. If conditions are imposed in
lieu of destruction, the animal shall remain confined at an animal control facility until the
owner demonstrates to the animal control officer that all conditions have been fulfilled
except that set forth in Section 503.20 (1) (d).
(ac) The animal control officer shall cause one owner of the animal to be notified in
writing or in person that the animal is has been determined to be dangerous and that the
animal is to be destroyed or that the owner must comply with the conditions set forth in
Section 503.20. may order the animal seized or make orders as deemed proper. This The
owner shall be notified as to dates, times, places and parties bitten that form the basis for
the determination and shall be given 14 days to appeal this order the determination by
requesting a hearing before the City Council hearing officer for a review of this the
determination.
i. If no appeal is filed, the orders issued will stand or the animal control officer
may order the animal destroyed.
ii. If an owner requests a hearing for determination as to the dangerous nature of
the animal, the hearing shall be held before the City Councilhearing officer, which who
shall set a date for hearing not more than three weeks after demand for the hearing.
Pending the hearing, the animal shall remain at an animal control facility. A fee, as
established by the City Council, shall be posted by the owner to cover the administrative
costs of scheduling the hearing.
iii. The records of the animal control or the City Clerk's office shall be
admissible for consideration by the nth hearing officer without further
foundation.
4iv. After considering all evidence pertaining to the temperament of the animal,
the City Council hearing officer shall make an order ejecting,
upholding or amending the determination. The order must be issued within 10 days of
the hearing and shall be delivered to the owner in person or by registered mail. If the
declaration that the animal is dangerous is upheld by the hearing officer, the actual
expense of the hearing, including attorney's fees, up to a maximum of $1,000 will be the
responsibility of the animal's owner. The City Council may order that the animal control
officer take the animal •
custody. If the animal is ordered into custody for destruction, the owner shall
immediately make the animal available to the animal control officer.
(3) Harboring a dangerous animal. No person shall harbor an animal after it has been
found to be dangerous and ordered into custody for destruction.
(84) Stopping an attack. If any police officer or animal control officer is witness to an
attack by an animal upon a person or another animal, the officer may take whatever
means the officer deems appropriate to bring the attack to an end and prevent further
injury to the victim.
Section 6. That Section 503.17, of the above -entitled ordinance be amended to
read as follows:
503.17 APPEAL PROCESS.
An order by a hearing officer may be appealed by writ of certiorari to the Court of
Appeals.
Section 7. That Section 503.18, of the above -entitled ordinance be amended to
read as follows:
503.18 NOTIFICATION OF NEW ADDRESS
(9) Notification of new address. The owner of an animal which has been identified as
dangerous : :: - - ' • : - . .•• = - must notify the animal control officer in writing if the
animal is to be relocated from its current address or given or sold to another person. The
notification must be given in writing at least 14 days prior to the relocation or transfer of
ownership. The notification must include the current owner's name and address, the
relocation address and the name of the new owner, if any.
Section 8. That Section 503.19, of the above -entitled ordinance be amended to
read as follows:
503.19 DANGEROUS ANIMAL REQUIREMENTS
(1) Requirements. If the City Council hearing officer does not order the destruction of an
animal that has been declared dangerous, the City Council hearing officer may, as an
alternative, order any or all of the following:
(a) The owner provide and maintain a proper enclosure for the dangerous animal as
speEifieddefined in § 503.15503.01(3)(c);
(b) Post the front and the rear of the premises with clearly visible warning signs,
including a warning symbol to inform children, that there is a dangerous animal on the
property, as specified in M.S. § 347.51, as it may be amended from time to time;
(c) Provide and show proof annually of public liability insurance in the minimum amount
of $300,000. The owner shall have 15 business days from the date of the request to show
proof of insurance, except that if the animal is impounded, proof of insurance must be
demonstrated prior to the animal's release.
(d) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled
and restrained by a substantial chain or leash (not to exceed six feet in length) and under
the physical restraint of a person 16 years of age or older. The muzzle must be of the
design as to prevent the dog from biting any person or animal, but will not cause injury to
the dog or interfere with its vision or respiration;
(e) If the animal is a dog, it must have an easily identifiable, standardized tag identifying
the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.51, as it
may be amended from time to time; and
Anoka County within 14 days after the date the animal was so deemed and provide
satisfactory proof thereof to the animal control officer; and
(gf) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination.
If the animal is a cat or ferret, it must be up to date with rabies vaccination.
(2) Seizure. Animal control shall immediately seize any dangerous animal if the owner
does not meet each of the above requirements within 14 days after the date notice is sent
to the owner that the animal is dangerous. S
(3) Reclaiming animals. A dangerous animal seized
.
A.. .. e .. . .. .air
. • , . . IP . ... .
above is fulfilled. An animal not reclaimed under this section within 14 days may be
disposed of as provided under § 503.15(
costs incurred in confining, impounding and disposing of the animal.
(42)
Failure to Com i l with Conditions.
(a) If an owner of an animal that has been declared dangerous fails to comply with any
conditions, the animal must be seized. Notice shall be provided to the owner of the basis
for the seizure and the right to request a hearing before the hearing officer to determine
whether conditions were violated. A request for hearing must be made within 14 days of
the seizure, and a fee, as established by the City Council, shall be posted by the owner to
cover administrative costs.
(b) If the owner fails to request a hearing within 14 days, the animal control officer may
order the animal destroyed in a proper and humane manner and the owner shall pay the
costs of confining and destroying the animal.
(c) If a hearing is requested, the hearing shall be held before a hearing officer not more
than three weeks after demand for a hearing was received. The records of animal control
and the City shall be admissible for consideration by the hearing officer without further
foundation. After considering all evidence, the hearing officer shall issue a decision
within 10 days of the hearing and the order shall be delivered to the owner in person or
by registered mail.
i. If the owner is found to have violated the conditions, the hearing offier may
order the animal destroyed in a property and humane manner and the owner shall pay the
costs of confining and destroying the animal. In addition, the owner shall pay the costs of
the hearing, if any, including attorney's fees, up to a maximum of $1,000.
ii. If the owner is found not to have violated the conditions, the owner may
reclaim the animal after paying the costs of confining the animal. An animal not
reclaimed within 14 days of the owner's receipt of the decision may be destroyed and the
owner shall pay all costs of confinement.
hearing as defined in § 503.15(7). If the owner is found to have violatea *hepr^visi^^s
If the animal is not yet reclaimed by the owner within 14 days after the ante the owner
under § 503.15(6) and the owner is liable to the animal control for t
.
Y
.
Section 9. That Section 503.20, of the above -entitled ordinance be amended to
read as follows:
503.120 FORFEITURE OF OWNERSHIP RIGHTS
(1) (a) The ownership rights of a person owning the following types of animals may be
forfeited to the city pursuant to the procedure in this section:
1. A public nuisance animal;
2. A wild animal; and
3. A maltreated animal.
(b) In addition, the ownership rights of other animals owned by the same owner may be
forfeited if he or she has demonstrated an inability or unwillingness to properly care for
or control the animal in order to prevent it from becoming a public nuisance animal or a
maltreated animal.
(2) Authorized city personnel must notify the owner or apparent owner of the animal
sought to be forfeited that the city intends to forfeit his or her ownership rights. The
notice must be served on the owner personally or by registered mail. The notice must be
in writing and state the reasons why forfeiture is sought, including a summary of
applicable incidents.
(3) The owner shall be given 14 days from the date of the notice to appeal the forfeiture
decision by requesting a hearing before City Council hearing officer for a review of this
determination.
(a) If no appeal is filed, the forfeiture decision will stand.
(b) If an owner requests a hearing for determination as to the forfeiture of his or her
ownership rights, the hearing shall be held before the City Council hearing officer, which
shall set a date for hearing not more than three weeks after demand for the hearing. The
records of the animal control or City Clerk's office shall be admissible for consideration
by the animal control officer without further foundation. After considering all evidence,
the City Council hearing officer shall make an order ash he or she deems proper.
(4) If the animal is deemed forfeited, the owner must immediately give the animal to
authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized
city personnel may use reasonable force and go onto private property to take the animal
into custody.
(5) Authorized city personnel will determine on a case by case basis whether forfeited
animals may be destroyed or given to new owners who will adequately care for and
control the animal.
Section 10. That Section 503.21, 503.22, 503.23 and 503.24 be renumbered as
follows:
503.1821 FARM ANIMALS
503.22 WILD ANIMALS
503.2023 PENALTY
503.2124 EXEMPTIONS
Julianne Bartkll, City Clerk
Jeff Rein - , ayor
Adopted by the Lino Lakes City Council this 10 day ofpc t , 2011.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Roeser and upon a vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Roeser, Rafferty, Reinert
The following voted against same:
none.(Absent - Gallup)
Whereupon said ordinance was declared duly passed and adopted.
AGENDA ITEM 4A
STAFF ORIGINATOR: John E. Swenson, Chief of Police
COUNCIL MEETING DATE: October 10, 2011
TOPIC: Animal Control Ordinance
Second Reading of Ordinance 19-11, Amending
Chapter 503 of the Lino Lakes Code of Ordinances
regarding Animal Control
ii. Consider Resolution No. 11-101, summarizing
Ordinance No. 19-11 for publication purposes.
BACKGROUND:
Approximately one year ago, the City initiated an enforcement action under the Animal
Control Ordinance. That process provided an opportunity to review how the Ordinance
works in a specific situation. After working through that process and then evaluating the
Ordinance in light of State law and the ordinances of other municipalities, City staff and
the City Attorney have drafted a number of modifications. These changes are intended
to streamline the enforcement process while at the same time continue to promote
fairness and due process for all parties involved.
ANALYSIS
The proposed ordinance will no longer use the term "potentially dangerous animal;"
either the dog at issue is dangerous, as defined in the ordinance, or it is not. This
change will remove any questions with respect to access to an appeal process when a
dog is declared potentially dangerous.
The proposed ordinance also calls for the appointment of a Hearing Officer for all
appeals under Chapter 503. The Hearing Officer is appointed by City Council and
charged with all duties related to the appeals process. Utilizing a Hearing Officer will
relieve the Council of having to undertake evidentiary hearings and prevent scheduling
conflicts with the Council's meeting dates and agendas. If an appeal is filed there is
language requiring that all costs associated with the appeal process be covered by the
party filing the appeal.
The Council approved first reading of this ordinance on September 26, 2011.
RECOMMENDATION:
Staff recommends approval of the Second Reading and adoption of Ordinance
No. 19-11, Amending Chapter 503 of the Lino Lakes Code of Ordinances.
ii. Staff recommends approval of Resolution No. 11-101, summarizing Ordinance
No. 19-11 for publication purposes.
ATTACHMENTS
1. Ordinance No. 19-11
2. Resolution No. 11-101