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HomeMy WebLinkAbout2008-003 Council OrdinancesP Reading: 2/25/2008 Reading: 5/27/2008 To County Recorder: Published: 6/10/2008 Effective: 7/9/2008 Council Member Gallup ordinance: moved for adoption of the following CITY OF LINO LAKES ORDINANCE NO. 03-08 AMENDING THE CITY CODE BY REPEALING AND REPLACING CHAPTERS 502, 503, 506 and 607 RELATED TO ANIMAL CONTROL REGULATIONS The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by repealing and replacing Chapters 502, 503, 506 and 607 with an amended Chapter 503 to read as follows: CHAPTER 503. ANIMAL CONTROL REGULATIONS Section 503.01 Definitions 503.02 Enforcement 503.03 Right of Entry 503.04 Impounding Animals 503.05 Impounding Strays 503.06 Impounding Facility 503.07 Redeeming Impounded Animals 503.08 Disposition of Impounded Animals 503.09 License and Vaccination Requirements 503.10 Kennel Licenses: Private and Commercial 503.11 Health and Maintenance Standards 503.12 Prohibitions 503.13 Confinement in Motor Vehicle 503.14 Rabies; Animal Bites 503.15 Dangerous and Potentially Dangerous Animals 503.16 Dangerous Animal Requirements 503.17 Forfeiture of Ownership Rights 503.18 Farm Animals 503.19 Wild Animals 503.20 Penalty 503.21 Exemptions Page 1 of 20 503.01 DEFINITIONS. Unless the context clearly indicates otherwise, the words and phrases below are defined for the purpose of this chapter as follows. ANIMAL: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: a) Domestic Animal. Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non -venomous and non - constricting reptiles or amphibians, and other similar animals. b) Wild Animal. Any animal commonly considered to be naturally wild and not naturally trained or domesticated, or which is commonly considered to be inherently dangerous to the health, safety, or welfare of people. Unless otherwise defined, such animals shall include: 1. Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. 2. Any naturally wild member of the canine family (family canide) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. 3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet. 4. Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets. 5. Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. 6. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. Page 2 of 20 c) Farm Animal. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. AT LARGE. An animal not under the custody and control of the owner or other person, either: a) confined or restrained on the owner's property by leash, cord, chain, enclosure or fencing . Restraint by voice command or a remote electronic training device, on the owner's property, shall be allowed provided that the animal is under the immediate supervision of its owner or other responsible person. b) confined within a private vehicle or restrained by a leash not exceeding 6 feet in length while off the premises of the owner AUTHORIZED CITY PERSONNEL. The chief of police, law enforcement personnel, and others designated by law enforcement personnel to assist in the enforcement of this chapter. -- KENNEL, COMMERCIAL. Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit- making purpose, and not solely for private enjoyment. KENNEL, PRIVATE. Any structure or premises on which between 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. MALTREATED ANIMAL. An animal that has not been given adequate food, water, or shelter as specified in §503.11 or that has been subjected to the conduct prohibited by Minn. Stat. §343.21. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an owner or owners. PARCEL OF LAND. A contiguous tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "lot" or "lot of record." PERSON. An individual, firm, partnership or corporation. Page 3 of 20 PREMISES. A building, structure, shelter or land where an animal is kept or confined. PUBLIC NUISANCE ANIMAL. An animal that: a) is maintained in a manner that violates §503.11; b) by virtue of number or types of animals maintained, is offensive or dangerous to the public health, safety or welfare; or c) has been the subject of a violation of this chapter more than two times in a 24 -month period. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. 503.02 ENFORCEMENT. The provisions of this chapter will be enforced by the chief of police, law enforcement personnel, law enforcement designees, and the assistance of other personnel when appropriate. 503.03 RIGHT OF ENTRY. Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter when there is reasonable belief that a violation of this chapter has been committed. Authorized city personnel may enter the private dwelling of an individual for the purposes of seizing animals or otherwise enforcing the provisions of this chapter with consent, or by first obtaining a search warrant. 503.04 IMPOUNDING ANIMALS. 1. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a) they have a reasonable and immediate concern for the animal's health, safety or welfare; b) they have a reasonable and immediate concern for the health, safety or welfare of human beings or other animals as a result of the animal's continued presence on the property; or Page 4 of 20 c) they have reasonable cause to believe that a violation of this chapter has occurred or is occurring and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. 2. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. 3. Written notice of the seizure shall be left in a conspicuous place if personal contact with the animal owner is not possible. 4. The animal owner is responsible for costs for the impounding and housing of an impounded animal. 503.05 IMPOUNDING STRAYS. 1. Authorized city personnel may seize and impound an animal found at large on public property or claimed to be a stray by the occupant of the premises upon which the animal is found. An impounded stray animal displaying a need for medical care may be taken to a veterinarian for emergency treatment. The owner of the animal is responsible for payment of expenses incurred as a result of the veterinarian's treatment. 3. Authorized city personnel shall give notice of an impounded animal to the owner if known. 503.06 IMPOUNDING FACILITY. 1. The council will designate a place as an animal impounding facility for keeping animals that are impounded by the city. 2. Each month the impounding facility will give to the city a written report showing the animals impounded, the duration of the impoundment, and the method of disposal for each animal. 503.07 REDEEMING IMPOUNDED ANIMALS. The owner of an impounded animal may redeem such animal upon payment of all impounding and/or boarding fees. Animal Owner is responsible for all assessed fees. No dog may be released unless properly inoculated for rabies and licensed by the city. Page 5 of 20 503.08 DISPOSITION OF IMPOUNDED ANIMALS. If an impounded animal is not redeemed within five business days after the required notice, as specified in sections 503.04 and 503.05, authorized city personnel may give the animal away or direct the impounding facility to dispose of the animal in a humane manner. 503.09 LICENSE AND VACCINATION REQUIREMENTS: 1. License and Registration. All dogs within the City of Lino Lakes shall be licensed except the following: a) Dogs less than six (6) months of age; b) Dogs which are brought into the City for appearances in an animal show or trial; c) Dogs being used by law enforcement officers. 2. Limitations. No more than two dogs over six (6) months of age shall be kept on a property except as provided for in Section 503.10. 3. Vaccination Required. A person who owns, harbors or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti -rabies vaccine that is currently effective. The owner shall be responsible for revaccination of the anti -rabies vaccine upon each expiration date and return to the city for re -licensing of their dog. Tag Required. A person who owns, harbors or keeps a dog over six months old within the city must securely attach the City of Lino Lakes identification tag to the dog's collar so that it can be readily seen. The identification tag must be worn by the dog at all times when it is off the owner's or keeper's property. 5. Licensing/Vaccination Procedures. a) Application. Except as herein provided, within thirty (30) days of acquiring possession of a dog which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog which has not previously been licensed by the City, the owner of the dog shall make application for a dog license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination and spay or neuter status to the City prior to the issuance of a license or renewal of a license. b) License Fee. License application must be accompanied by a non-refundable fee as established by City Council ordinance. Page 6 of 20 c) Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a penalty will be applied in the amount set forth by City Council ordinance. d) Receipt and Tags. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination and spay or neuter, if applicable, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount set forth by City Council ordinance. e) Change of Address. An applicant who has obtained a dog license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. f) Counterfeit Certificate. A vaccination certificate is valid only for the dog and owner to which it was issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. 9) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog in the City. h) Transfer of Tags. No person shall transfer a dog tag from one dog to another. i) Change of Ownership. If there is a change in ownership of the dog during the duration of the license, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 503.10 KENNEL LICENSES: COMMERCIAL AND PRIVATE. 1. General. Any person who owns, keeps, or allows the keeping of more than two dogs over six months of age on any parcel of land must first acquire a kennel license from the city. A person who owns or operates a commercial kennel or a private kennel must renew the license annually and comply with applicable requirements herein. a) An application for a private or commercial kennel license must be submitted to the police department accompanied by the fee established by City Council ordinance. Page 7 of 20 b) A kennel license may be issued after an inspection reveals that adequate safeguards are present to protect the surrounding neighborhood from nuisances and to ensure compliance with this chapter as well as Chapter 1007. A license may not be issued if the location does not comply with the applicable health and maintenance standards set forth below. The license may include conditions that authorized city personnel deem reasonably necessary to protect public health and safety and to protect people in neighboring property from unsanitary conditions, unreasonable noise and odors, and other unreasonable annoyances. The license or permit may be reasonably modified by authorized city personnel if necessary to respond to changed circumstances. The modification will be effective 10 days after the mailing of written notice by certified mail to the holder. c) Each dog over six months of age is required to have an individual dog license obtained by the city. d) A kennel license will be issued for a maximum of one year and will expire on May 31 of each year. A license may be revoked because of a violation of this chapter, or another relevant law, ordinance or regulation. 2. Private Kennel. A minimum of one acre of land is required to obtain a private kennel license in any zoning district. Every kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. A private kennel license shall be limited to a maximum of four dogs. 3. Commercial Kennel. Commercial kennels shall also be subject to the provisions of Chapter 1007. 503.11 HEALTH AND MAINTENANCE STANDARDS. 1. All Animals - Health Standards. The owner of an animal kept in the city must comply with the following standards. a) An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow, and temperatures below 50 degrees Fahrenheit. b) The shelter must include a moisture proof and windproof structure of suitable size to allow the animal to stand in an upright position and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat with a solid floor raised at least two inches from the ground and an entrance covered by a flexible windproof material or self-closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the Page 8 of 20 equivalent to provide insulation and protection against cold and dampness and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. The structure shall meet the accessory building requirements as set forth in Chapter 1007. c) In lieu of the requirements of paragraphs a and b, an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding and protection against cold and dampness. d) If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved and must be attached to the animal by means of a well fitted collar. The collar must be large enough to allow free breathing but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal as measured from the tip of his nose to the base of his tail. e) A female dog in season must be confined indoors or in a secure enclosure so that she will not be in contact, except for intentional breeding purposes, with another dog or create a nuisance by attracting other animals who engage in continued barking, yelping or howling. f) An animal must be provided with sufficient food and water daily to meet adequate nutritional requirements. 9) No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal to fight. h) The owner of any animal within city limits will provide veterinary care when needed to prevent suffering of any sick or injured animal. 2. All Animals — Maintenance Standards. An owner of an animal kept in the city must comply with the standards below. Before commencing an action to enforce compliance with these standards, enforcement personnel must give an owner notice of a violation and a reasonable opportunity to comply. a) An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. b) An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal, onto adjacent properties or into wetlands. Page 9 of 20 c) The owner must manage the feces and other bodily wastes from the animal in a timely and sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph (a) above. 3. Commercial Kennels & Veterinary Hospitals. In addition to the standards established under paragraphs 1 and 2, commercial kennels and veterinary hospitals must comply with the following standards. a) Housing facilities must be structurally sound and maintained in good repair. Indoor housing facilities must be adequately ventilated and have ample light, either natural or artificial. b) An enclosure must be of sufficient size to allow each animal to turn around fully and to stand, sit and lie in a comfortable normal position. The floors of the enclosure must be constructed so as to prevent injury to the animal's legs and feet. c) The temperature for indoor housing facilities must not be allowed to fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. d) Disposal facilities must be provided to minimize vermin, infestation, odors and disease hazards. e) Adequate storage and refrigeration must be provided to protect food supplies against contamination and deterioration. f) The premises, cages, enclosures and housing facilities must be clean and disinfected as often as is necessary to maintain clean and sanitary conditions at all times. g) Animals must be fed at least once a day with clean, wholesome food, sufficient to meet the normal nutritional requirements for the animal's age, size and condition. h) Clean potable water must be made available to all animals at least twice daily for periods of not less than one hour. i) Feeding and water receptacles must be kept clean and sanitary at all times. j) Animals housed in the same primary enclosure must be maintained in compatible groups. Non -adult animals must not be housed in the same primary enclosure with adult animals other than their mothers. k) An animal exhibiting a vicious disposition must be housed separately. Page 10 of 20 I) Females in season must not be confined in the same enclosure with males except for breeding purposes. Animals used for breeding must be of compatible size and only one male and one female may be mated at one time in a single enclosure. m) Animals affected with clinical evidence of infections, contagious or communicable disease must be separated from other animals in a manner to minimize the chance of further infection. An effective program for the control of insects, ecto parasites and other pests must be established and maintained. 503.12 PROHIBITIONS. 1. An owner must not cause or permit his/her animal to run at large within the city limits. This restriction does not apply to: a) dogs that have been specially trained and certified to perform tasks to assist people, such as handicapped assistance, police canine duties, or search and rescue. b) pigeons that have been released for limited periods necessary for exercise, training or competition provided it is not within twelve hours following a feeding. c) dogs that are engaged in a lawful hunt while under the control of a licensed hunter through voice command. 2. An owner must not permit any animal to be on park property, city trails, public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal as well as a container for the transport of such material to an appropriate disposal receptacle. A person must not abandon an animal within the city. 4. A person must not keep, own, harbor or otherwise possess a public nuisance animal, as defined in §503.01. 5. A person must not allow an animal to create a habitual disturbance. Habitual disturbance shall be defined as howling, yelping, barking, crowing, or other kinds of noise for repeated intervals of at least three minutes with less than one minute of interruption that is audible off of the owners' premises. 6. A person must not permit an animal under his/her care, custody or control to damage another person's lawn, garden or other property. Page 11 of 20 7. A person must not injure, harass, or interfere with a police canine in the lawful performance of its duties, or attempt, permit or cause the same. 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 Section 503.15, Subd. 3.b., Potentially Dangerous Animal. 9. A person, except police officers in the lawful performance of their duties using a police canine, must not cause or encourage an animal to engage in unprovoked attacks upon human beings or domestic animals. 10. A person must not own, possess, harbor, or train an animal for the purpose of fighting with other animals. 11. It is unlawful for an owner to sell or cause to be sold any animal without first providing the purchaser with written certification as to the origin of the animal. 503.13 CONFINEMENT IN MOTOR VEHICLE. 1. A person must not cause or allow an animal to be placed or confined in a motor vehicle without adequate ventilation or when the atmospheric temperature, humidity, and sun rays can be reasonably expected to cause suffering, disability or death. Evidence that the animal is suffering from heat stress is prima facie evidence of a violation of this section. 2. This section does not prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for that purpose. 3. Authorized city personnel who find an animal in a motor vehicle in violation of this section may break and enter into the vehicle if necessary to remove the animal. Neither the personnel nor the city will be liable for vehicle damage that results. An animal removed must be taken immediately to the animal impounding facility to be evaluated by a licensed veterinarian. The personnel must leave within the vehicle a written notice giving their name and position and the address where the animal may be redeemed. The owner of the animal is responsible for any applicable fees and all medical and housing expenses incurred. 503.14 RABIES; ANIMAL BITES. 1. A dog or animal displaying symptoms of being rabid may be seized at any place or time and will be confined in the city impounding facility at the expense of the owner, until found to be free from rabies. Page 12 of 20 2. If a dog or other animal appears to be diseased, vicious, dangerous, rabid or has been exposed to rabies, and the dog or other animal cannot be impounded without serious risk of personal injury, the dog or other animal may be killed, if reasonably necessary for the safety of a person or persons. 3. When a dog or other animal has bitten a person and the skin has been broken or the services of a doctor are required, the owner or custodian of the biting animal and the person bitten or his/her parent or guardian must report the incident to the Lino Lakes Police Department within 24 hours of the bite. The dog or other animal must be confined for a period of not less than 10 days in a veterinary hospital or on the owner's premises, as determined by the authorized city personnel. These personnel may refuse to permit confinement on the owner's premises if the animal has previously been found repeatedly at large or if the animal does not have a currently effective rabies inoculation. If confinement on the owner's premises is permitted, the animal may not be allowed off the premises or in contact with people or other animals during the confinement period, except for medical purposes. If the owner fails to comply with these restrictions, authorized city personnel may enter onto the property, seize the animal, and remove it to a veterinary hospital. The owner is responsible for all costs of confinement incurred under this section. As a condition of releasing a confined animal, authorized city personnel may require that the animal's owner take the animal for an examination by a veterinarian and may require the owner to follow any recommendations from the veterinarian regarding the animal's training or behavior. The authorized personnel must notify the owner of these requirements in writing. Failure to comply with a requirement is a violation of this code, punishable as a misdemeanor and/or as a civil violation. 503.15 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. 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. 2. Destruction of a dangerous animal. The animal control officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this ordinance. 3. Definitions: a. A Dangerous Animal is an animal which has: i. Caused bodily injury or disfigurement to any person on public or private property; or Page 13 of 20 ii. Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or iii. Exhibited unusually aggressive behavior, such as an attack on another animal; or iv. Bitten one (1) or more persons on two (2) or more occasions; or v. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. b. A Potentially Dangerous Animal is an animal which has: i. Bitten a human or a domestic animal on public or private property; or ii. When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or iii. Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. c. 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: i. Have a minimum overall floor size of thirty-two (32) square feet. ii. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11-guage or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one -and -one -quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. iii. 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 (2) inches. Page 14 of 20 iv. 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 (2) 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. d. Unprovoked. Unprovoked shall mean 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 such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in Subd. 3.b. When an animal is declared potentially dangerous, the animal control officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. 5. Evidence justifying designation. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: a. That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in Subd. 3.a. b. That the animal has been declared potentially dangerous and such animal has then bitten, attached, or threatened the safety of a person or domestic animal as stated in Subd. 3.a. 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 case, that the animal be destroyed based on a written order containing one (1) or more of the 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 b. The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. 7. Procedure. The animal control officer, after having determined that an animal is dangerous, may proceed in the following manner: a. The animal control officer shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given Page 15 of 20 fourteen (14) days to appeal this order by requesting a hearing before the city council for a review of this 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 council, which shall set a date for hearing not more than three (3) 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 pertaining to the temperament of the animal, the city council shall make an order as it deems proper. The city council may order that the animal control officer take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer. iii. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. 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 dangerous or potentially 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 fourteen (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. 503.16 DANGEROUS ANIMAL REQUIREMENTS 1. Requirements. If the city council does not order the destruction of an animal that has been declared dangerous, the city council may, as an alternative, order any or all of the following: a. That the owner provide and maintain a proper enclosure for the dangerous animal as specified in Section 503.15, Subd. 3.c. Page 16 of 20 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 Minnesota Statute 347.51; c. Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); 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 (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such 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 Minnesota Statute 347.51; f. All animals deemed dangerous by the animal control officer shall be registered with Anoka County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the animal control officer. g. 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 fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. 3. Reclaiming Animals. A dangerous animal seized under Subd. 2 may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under Subd. 1 is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under Section 503.15, Subd. 6, and the owner is liable to animal control for costs incurred in confining, impounding, and disposing of the animal. 4. Subsequent Offenses. If an owner of an animal has subsequently violated the provisions under Section 503.15 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in Section 503.15, Subd. 7. If the owner is found to have violated the provisions for which the animal was seized, the animal control officer shall order the animal destroyed in a proper Page 17 of 20 and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of Subd. 3. If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under Section 503.15, Subd. 6 and the owner is liable to the animal control for the costs incurred in confining, impounding, and disposing of the animal. 503.17 FORFEITURE OF OWNERSHIP RIGHTS. 1. 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: a. a public nuisance animal; b. a wild animal; and c. a maltreated animal. In addition, the ownership rights of other animals owned by the same owner may be forfeited if he/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/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 fourteen (14) days from the date of the notice to appeal the forfeiture decision by requesting a hearing before city council for a review of this determination. i. If no appeal is filed, the forfeiture decision will stand. ii. If an owner requests a hearing for determination as to the forfeiture of his ownership rights, the hearing shall be held before the city council, which shall set a date for hearing not more than three (3) 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 shall make an order as it 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. Paque 18 420 Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. 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. 503.18 FARM ANIMALS. 1. In addition to the provisions of this chapter, the keeping of farm animals or limited livestock raising may be permitted in rural zoning districts according to the regulations of §1007. 2. An exception shall be made to this subsection for those animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 3. The keeping of farm animals legally existing at the adoption of this ordinance in residential zoning districts may continue to exist as to type and number of animals with the following provisions: a. the current use shall not be expanded; b. the current use shall cease if discontinued for more than a period of one year; c. a violation of any section of this chapter shall cease the current use. 503.19 WILD ANIMALS. It shall be illegal for any person to own, possess, harbor, or offer for sale, any wild animal as defined in Section 503.01 within the City limits. Any owner of such an animal at the time of adoption of this Code shall have thirty days in which to remove the animal from the City after which time the City may impound the animal as provided for in this Section. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 503.20 PENALTY. A violation of any section of Chapter 503 is a misdemeanor. Each day on which a violation continues shall constitute a separate violation. Page 19 of 20 503.21 EXEMPTIONS. Animals used for law enforcement and fire rescue purposes in their official capacities are exempt from this chapter. Section 2. Effective Date. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with Section 3.09 of the City Charter. Attest: JUJianne Bart ll, Cly Clerk Joh : erge ,Mayo Adopted by the Lino Lakes City Council this 27tIay of may , 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Stoltz and upon a vote being taken thereon, the following voted in favor thereof: Gallup, Stoltz, O'Donnell, Reinert, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Page 20 of 20 STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6Ci & Michael Grochala May 27, 2008 i. Ordinance No. 03-08, Approving City Code Chapter 503, Animal Control Regulations ii. Resolution No. 08-03, Approving Summary of Ordinance for Publication 3/5 Vote Required On February 25, 2008 the City Council approved 1st Reading of Ordinance No. 03-08, Repealing Sections 502, 503, 506 and 607 of the City Code and Adopting a new Chapter 503 entitled Animal Control Regulations. On April 8, 2008, the Police Department, along with City Staff, hosted a Public Meeting in the Council Chambers. The meeting allowed for citizens to comment on the proposed changes to the city's existing regulations. As a result of the meeting, staff drafted revisions to the ordinance that addressed some of the citizen concerns and corrected some grammatical and formatting issues within the document. These revisions were reviewed by the City Attorney and discussed at the Council Work Session on Monday, May 5, 2008. Per the direction of the council, staff made final revisions to the ordinance. Attached is the final draft of Ordinance No. 03-08. The following modifications were made to address public concerns: - 503.01 Definition of "At Large" has been modified to allow for voice command of an animal while on the owner's property, provided that that animal is under the immediate supervision of its owner or other responsible person. - 503.03 Right of Entry has been revised to address the need for owner consent or a search warrant. - 503.04 Impounding Animals has been revised to address notice to owner. - 503.05 Impounding Strays has been revised to address notice to owner. - 503.12 Prohibitions has been revised to allow a provision for hunting dogs. - 503.17 Forfeiture of Ownership Rights has been revised to address an appeal process. The approval of Ordinance No. 03-08 will amend City Code Chapter 503, to be entitled Animal Control Regulations, and repeal existing Chapters 502 (Dogs), 506 (Non - Domesticated Animals) and 607 (Kennels). The adoption of revised Chapter 503 will require that certain definitions and sections be amended in Chapter 1007, Zoning Ordinance. Staff will present the amended Chapter 1007 to the council following approval of revised Chapter 503. OPINION: While Public Safety Staff believes that voice command should not be considered a form of restraint, the overall amendment does provide increased clarity and improvement to the city's regulations. RECOMMENDATION: Staff is recommending approval of Ordinance No. 03-08, Animal Control Regulations and Resolution No. 08-03, Approving Summary of Ordinance for Publication. ATTACHMENTS 1. Ordinance No. 03-08. 2. Resolution No. 08-03.