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Home My WebLink About2023.02.06 ORD 2023-520 Animal Waste ORDINANCE 2023-520 AN ORDINANCE AMENDING CHAPTER 10,ARTICLE I, SECTION 10-1 DEFNITIONS,AND ARTICLE II, SECTION 10-38 SANITATION AND SECTION 10-39 PENALTY FOR THE PROPER REMOVAL AND DISPOSAL OF ANIMAL WASTE THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 10, Article 1, Section 10-1 to add definitions and to amend Chapter 10, Article II, Sections 10-38 and 10-39 to state the following: 10-1 DEFINITIONS Animal means dog, cat or other animal kept for amusement or companionship. Soil/defile/defecate means to make unclean from excrement. Waste means solid matter expelled from the bowels of the pet, excrement. 10-38 SANITATION (1)Animal Waste.It is unlawful for any owner or custodian of any animal to cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk,public way,play area or common grounds owned jointly by the members of a homeowners'or condominium association, or upon private property other than that of the owner,unless such owner immediately removes and disposes of all feces deposited by such animal in a sanitary manner. a. Any person who owns, keeps or harbors any dog must remove all dog feces, on a daily basis, from all enclosed dog runs or kennels, and must remove,on a daily basis, any accumulations of dog feces which are visible from any location outside the borders of that person's property. (2) Disposal. Proper disposal of animal waste shall be limited to burial where lawfully permitted, flushing in the toilet,bagging for disposal in the owner or keeper's waste receptacle, and bagging for disposal in a waste receptacle in a public park or park area. Disposal of animal waste in storm drains and public composts is prohibited. i Ordinance 2023-520 Page 2 of 2 (3)Violations.Violation of this section may be subject to a forfeiture of no more than $300. a. Any peace officer, animal control officer, park ranger, any duly authorized assistant, any duly authorized agent, or any person authorized by the animal control officer is responsible for issuing the citations. b. The provisions of this section shall not apply to the ownership or use of any properly identified service or tracking animals when used by or with the permission of the appropriate authorities. 10-39 PENALTY Any person found to be in violation of the provisions of sections 10-30, 10-33 and 10-38 of this article shall be guilty of a petty misdemeanor. Any person found to be in violation of the provisions of any other section of this chapter shall be guilty of a misdemeanor. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council this 6th day of Feb , 2 r 'Tom Weidt, Mayor ATTEST: yy \ ' Michele Lindau, City Clerk 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) Carter Johnson,being first duly sworn,on oath states as follows: 1. I am the publisher of the THE CITIZEN,or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit,which is made pursuant of Minnesota Statutes §331A.07. CITY OF HUGO COUNTY OF WASHINGTON 2. The newspaper has complied with all of the requirements to constitute a .1 ORDINANCE 2023-520 qualified newspaper under Minnesota law,including those requirements AN ORDINANCE AMENDING CHAPTER 10,ARTICLE I, SECTION 10-1 DEFINITIONS,AND ARTICLE II,SECTION 10-38 found in Minnesota Statutes §331A.02. SANITATION AND SECTION 10-39 PENALTY FOR THE PROPER REMOVAL AND DISPOSAL OF ANIMAL WASTE THE CITY OF HUGO ORDAINS: 3. The dates of the month and the year and day of the week upon which the Section 1.The City Council of the City of Hugo does hereby amend Chap- public notice attached was published in the newspaper are as follows: ter 10,Article 1,Section 10-1 to add definitions and to amend Chapter 10, Article II,Sections 10-38 and 10-39 to state the following: 10-1 DEFINITIONS Once a week,for one week,it was published on Thursday,the 23rd day Animal means dog,cat or other animal kept for amusement or compan- ionship.of February,2023. Soil/defite/defecate means to make unclean from excrement. Waste means solid matter expelled from the bowels of the pet,excrement. 4. The publisher's lowest classified rate paid by commercial users for 1 9 te" (1)Animal mel Waste.It is unlawful for any owner or custodian of any animal comparable space,as determined pursuant to §331A.06, is as follows: to cause or allow such animal to soil,defile or defecate on any public prop- erty or upon any street,sidewalk,public way,play area or common grounds owned jointly by the members of a homeowners'or condominium association, a) Lowest classified rate paid by commercial users for or upon private property other than that of the owner,unless such owner im- comparable space mediately removes and disposes of all feces deposited by such animal in a sanitary manner. -- a.Any person who owns,keeps or harbors any dog must remove all b)Maximum rate allowed by law for the above matter dog feces,on a daily basis,from all enclosed dog runs or kennels,and must remove,on a daily basis,any accumulations of dog feces which are visible from any location outside the borders of that person's property. c)Rate actually charged for the above matter $ 13.33/inch (2)Disposal. Proper disposal of animal waste shall be limited to burial where lawfully permitted,flushing in the toilet,bagging for disposal in the own- er or keeper's waste receptacle,and bagging for disposal in a waste recepta- 5. Mortsase Foreclosure Notices. Pursuant to Minnesota Statutes§580.033 cle in a public park or park area.Disposal of animal waste in storm drains and relating to the publication of mortgage foreclosure notices: The public composts is prohibited. newspaper's known office of issue is located in Ramsey County. The more)thann$3i000. Violation of this section may be subject to a forfeiture of no newspaper complies with the conditions described in§580.033,subd. 1, a.Any peace officer,animal control officer,park ranger,any duly au- thorized assistant, any duly authorized agent,or any person authorized by clause(1)or(2). If the newspaper's known office of issue is located in the animal control officer is responsible for issuing the citations. a county adjoining the county where the mortgaged premises or some part b.The provisions of this section shall not apply to the ownership or use of the mortgaged premises described in the notice are located,a substantial of any property appro service or tracking animals when used by or with the permission of the appropriate authorities. portion of the newspaper's circulation is in the latter county. 10-39 PE14ALTY Any person found to be in violation of the provisions of sections 10-30,10- 33 and 10-38 of this article shall be guilty of a petty misdemeanor.Any person We are a qualified newspaper in the following counties:Anoka,Ramsey found to be in violation of the provisions of any other section of this chapter and Washington shall be guilty of a misdemeanor. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid,such judgment shall not FURTHER YOUR AFFIANT SAITH NOT. affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its pas- sage and publication. BY: ADOPTED by the City Council this 6th day of February,2023. Tom TITLE: Carter Johnson,Publisher ATT ST:dt,Mayor SS PUBLICATIONS Michele Lindau,City clerk PRESS Published one time in The Citizen on Februaty23,2023. 4779 Bloom Avenue White Bear Lake,MN 55110 Subscribed and sworn to before me on this 23rd day of February,2023. T lri-P�.o� Notary PubVic �nn�+ MYRNA L. PRESS Notary Public-�Ainnesota Misc:Affidavit-Citizen-1Wk.docx My Commission Expiros Jan 31,2025 W ti�ilJY,lJv••NvLV1'JV'/YFJ.h.VVY1AnIY