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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
City Council Workshop
Tuesday, February 18, 2020
Conference Room A&B
Call to Order — 6:00 p.m.
2. Update/Discuss Solar Energy — Building/Planning
Discuss/Consider City Code Amendment/Dogs & Cats -Administration
4. Update/Discuss City Code Updates—Administration/Planning
5. Other Business
6. Adjournment
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 • FAX (763) 755-8923
TO:
FROM:
SUBJECT:
DATE:
Mayor Trude and Council Members
Fred Patch, Chief Building Official
Further Discussion Regarding Solar Electric Systems
February 18, 2020
ACTION REQUESTED
The Council is requested to continue discussions relating to potential changes to the Solar Energy Systems section
of the Andover City Code. The continued discussion will focus on larger ground mounted solar electric systems
in the R-1, Single Family — Rural zoning district, considering:
• Lot Size,
• Maximum Allowable Panel Area,
• Setbacks from Property Lines,
• Restriction of Nuisance Characteristics (glare, structural aesthetics, fencing, etc.), and
• Screening from Neighboring Properties and Roadways.
DISCUSSION
At the Workshop of January 28, 2020, the Council discussed opportunities to provide for larger ground mounted
solar electric installations. Patrick Farnham, a representative of Cedar Creek Energy, assisted staff in determining
that a maximum panel area of 1,200 sq. ft. for ground mounted solar electric installation could generate enough
electricity to cover the needs of a typical Minnesota household. While Council considered the maximum 1,200
sq. ft. panel area acceptable, concerns remained for maintaining neighborhood aesthetics.
Consensus of the Council was to consider allowing larger (up to 1,200 sq. ft. panel area) ground mount solar
electric installations only on parcels three (3) acres and larger in the R-1 Single Family - Rural District. The
three acre threshold for larger solar electric installations was determined suitable as it is the same threshold used
for accessory structure architectural aesthetics. Parcels of three acres and larger were observed to provide better
opportunities for screening and separation from neighboring parcels and public streets.
Cedar Creek Energy and city staff will provide more examples of screening at the meeting, and the attached,
modified draft ordinance provides for increased setbacks. The draft ordinance provides that ground mounted solar
electric must be located consistent with standards for an accessory structure, per 12-6-5: Location And Setback
Requirements; however, the side and rear yard setbacks are proposed to be increased to thirty feet (30').
Respectfully Submitte ,
Fred Patch
Attachments: 3+ Acre Lot Examples with 1,200 sf Solar Electric Area
Revised Draft of City Code Chapter 15: Solar Energy Systems
Excerpt from City Code 12-13-5: SCREENING
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CHAPTER 15:
SOLAR ENERGY SYSTEMS
y:L6010121
9-15-1 Purpose and Intent
9-15-2 Definitions
9-15-3 Accessory Use
9-15-4 Exemptions
9-15-5 System Standards
9-15-1: PURPOSE AND INTENT: It is the goal of the city council for Andover to become a more
sustainable community by encouraging activities that conserve energy and result in less/no
pollution output such as alternative energy sources. In accordance with that goal, the city finds thal
it is in the public interest to encourage alternative energy systems that have a positive impact on
energy production and conservation while not having an adverse impact on the community.
Therefore, the purposes of this section include:
1. To promote rather than restrict development of alternative energy sources by removing
regulatory barriers and creating a clear regulatory path for approving alternative energy
systems.
2. To create a livable community where development incorporates sustainable design
elements such as resource and energy conservation and use of renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and decrease use of
fossil fuels.
4. To encourage alternative energy development in locations where the technology is viable
and environmental, economic and social impacts can be mitigated.
9-15-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings
when used in this chapter:
ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as
ground source heat pump, wind or solar energy system.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the
primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical,
or electrical energy.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form
of heat or light by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of
which is to provide daylight for interior lighting or provide for the collection, storage and
distribution of solar energy for space heating or cooling, electricity generation or water
heating.
Page 4 of 7
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to
harvest energy by transferring solar energy into another form of energy or transferring heat
from a solar collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an
integral part of a principal or accessory building, replacing or substituting for an
architectural or structural component of the building. Building integrated systems include,
but are not limited to, photovoltaic or hot water solar energy systems that are contained
within or substitute for roofing materials, windows, skylights, awnings and shade devices.
SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar system
mounted directly to the ground using a rack or pole rather than being mounted on a building.
SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly
or abutting the roof of a principal or accessory building.
SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a
solar collector and a heat exchanger that heats or preheats water for building heating
systems or other hot water needs, including residential domestic hot water and hot water for
commercial processes.
9-15-3: ACCESSORY USE:
1) Ground mounted solar energy systems shall be allowed in the R-1, Single Family Rural
District as a permitted accessory use in accordance with the standards in this section.
2) Roof mounted solar energy systems shall be allowed as a permitted accessory use in all
zoning districts in accordance with the standards in this section.
9-15-4: EXEMPTIONS: Passive or building integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
9-15-5: SYSTEM STANDARDS:
1) Electrical:
a) All utilities shall be installed underground except the electrical lines for roof
mounted units.
b) An exterior utility disconnect switch shall be installed at the electric meter serving
the property.
c) Solar energy systems shall be grounded to protect against natural lightning strikes
in conformance with the national electrical code as adopted by the city.
d) No solar energy system shall be interconnected with a local electrical utility until
the utility has reviewed and provided written approval for the interconnection. The
interconnection of the solar energy system with the utility shall comply with the City
Code and Minnesota State Building Code.
Page 5 of 7
e) All solar energy systems shall meet the standards of the Minnesota State Building
Code.
2) Aesthetics: All solar energy systems shall be designed to blend into the architecture of the
building to the extent possible without negatively impacting the performance of the system
and to minimize glare towards vehicular traffic and adjacent properties.
3) Glare: The panels of ground mounted solar energy systems shall be placed and arranged
such that reflected solar radiation or glare shall not be directed onto adjacent buildings,
properties or roadways. Prior to the issuance of a permit for a ground mounted solar energy
system, the permit applicant must provide an analysis demonstrating that the ground
mounted system will not impact aesthetics of adjacent properties.
4) Location:
a) Roof mounting:
1) The solar energy system shall comply with the maximum height
requirements of the applicable zoning district. Roof mounted solar collectors
shall be flush mounted on pitched roofs unless the roof pitch is determined to
be inadequate for optimum performance of the solar energy system in which
case the pitch of the solar collector may exceed the pitch of the roof up to 5%
but in no case shall be higher than ten inches above the roof. Solar collectors
on flat roofs may be bracket mounted. Commercial/Industrial collectors
located on flat roofs shall be placed on the roof to limit the visibility from
public right-of-ways and residential properties and meet the screening
requirements of the City Code.
2) The solar energy system shall not extend beyond the perimeter of the
exterior walls of the building on which it is mounted.
b) Ground mounting:
1) Ground mounted solar energy systems are only allowed in the R-1, Single
Family - Rural District.
2) Location and yard setbacks shall be as required for accessory structures,
City Code Section 12-6-5: Location And Setback Requirements; however,
minimum side and rear yard setbacks shall be thirty feet (30') . The so! a
energy ,stem shall only be lee ted in the rear and as defined b this title
2) The solar energy system shall be limited to a maximum ground coverage
area of F "« lithia«ed in nm ,,, uaf-e feet. based on parcel/lot area:
a. Lots Less Than 3 Acres -- On parcels less than three (3) acres,
the maximum ground mounted solar electric ground coverage
area must not exceed four hundred (400)sguare feet.
b. Lots 3 Acres And Larger -- On parcels three (3) acres and
larger, the maximum ground mounted solar electric ground
coverage area must neither exceed the foundation area of the
Page 6 of 7
residence (not including the attached garage), nor one
thousand two hundred (1, 200) square feet, whichever is less.
3) The solar energy system shall not exceed fifteen feet (15') in height.
4) All components of the solar energy system shall be set back a minimum of
ten feet (10') from interior side lot lines and rear lot lines.
5) Solar energy systems shall not encroach upon drainage and utility
easements.
5) Screening: Solar energy systems shall be screened in accordance with the requirements of
Section 12-13-5 of the City Code to thergeatest extent possible without affecting their
function.
6) Certification: The solar energy system shall be listed and labeled by an approved third
party testing agency such as Underwriters Laboratories, Inc., and comply with the
requirements of the Minnesota State Building Code.
7) Abandonment: If the solar energy system remains damaged, nonfunctional or inoperative
for a continuous period of one year, the system shall be deemed to be abandoned and shall
constitute a public nuisance. The owner shall remove the abandoned system at their expense
after a demolition permit has been obtained. Removal includes the entire structure including
transmission equipment.
8) Building Permit: Permits as required by the Minnesota State Building Code shall be
obtained for any solar energy system prior to installation.
12-13-5: SCREENING:
C. Mechanical Equipment:
1. Rooftop mechanical equipment shall be screened from public
streets and residential properties with a cornice, parapet, or other architectural feature to the
fullest extent possible. Any remaining protrusions of rooftop equipment above these features
shall be painted to match the principal structure.
2. Ground mounted mechanical equipment shall be screened from public streets and
residential properties with landscaping or a fence or enclosure that is architecturally
compatible with the principal structure.
Page 7 of 7
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO:
FROM:
SUBJECT:
DATE:
Mayor and Councilmembers
James Dickinson, City Administrator
Discuss Animal Control Code / Dogs and Cats
February 18, 2020
ACTION REQUESTED
The Council is requested to review and provide comment on potential changes and updating to the
Animal Control (Dogs and Cats) Section of the Andover City Code. Discussion will focus on the
proposed updating and realignment of the Animal Control code for an easier read and
implementation.
DISCUSSION
This discussion request is based on direction provided by the Council for City Staff to determine
if the Animal Control Code (Dogs and Cats) could be an easier read and implementation more
streamlined.
City Staff has compared the current code to State Statute and has prepared an "Updated" Draft and
a "Deletes and Relocations" Draft showing the changes that staff believes makes for an easier read
and implementation. The City Attorney has reviewed, and the updated draft reflects his edits.
Council is requested to review and comment on the proposed changes to determine if staff should
go to the next step for formal approval. Due to the amount of relocations, staff would propose a
repeal of the current code and adoption of the new proposed code.
submitted,
Updated" Chapter 1 Animal Control Article A. Dogs and Cats
"Deletes and Relocations" Chapter 1 Animal Control Article A. Dogs and Cats
CyhPTER1
ANIMAL CONTROL
ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1:
Definitions
5-1A-2:
Dog Licensing Requirements
5-1A-3:
Number of Dogs and Cats Restricted
5-1A-4:
Dog Enclosures
5-1A-5:
Dog Kennels
5-1A-6:
Nuisance Dogs and Cats
5-1A-7:
General Impoundment & Redemption Provisions
5-1A-8:
Impoundment & Redemption of Dangerous Dogs and Cats
5-1A-9:
Potentially Dangerous Dogs and Cats
5-1A-10:
Dangerous Dogs and Cats
5-1A-11:
Enforcement Officials
5-1A-12:
Citations
5-1A-13:
Violations; Penalties
5-1A-1: DEFINITIONS:
ANIMAL. SHELTER: Any premises designated by the City Council for the
purpose of impounding and caring for the dogs and
cats held under the authority of this article.
BITING DOG: Any dog which, without being provoked, has bitten,
scratched, or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully
on the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
express or implied invitation of the owner.
DANGEROUS DOG/CAT: Any dog/cat that has:
A. Without provocation, inflicted substantial bodily
harm on a human being on public or private
property.
B. Has killed a domestic animal without provocation
while off the owner's property.
1
C. Has been found to be potentially dangerous, and
after the owner has notice that the dog is
potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or
domestic animals.
DOG ENCLOSURE: An enclosure (of sufficient size) constructed for
shutting in or enclosing dogs. The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6) in height and of sufficient gauge to
ensure the dog's confinement. A cement pad of four
inches (4") in thickness shall be present that covers
the inside and perimeter of the enclosure.
FREQUENT BARKING: Barking intermittently for 30 minutes or more.
HABITUAL BARKING: Barking for repeated intervals of at least five minutes
with less than one minute of interruption.
KENNEL; Any place where a person accepts dogs from the
COMMERCIAL: general public and where such animals are kept for
the purpose of selling, boarding, breeding, training,
or grooming, except for a veterinary clinic. There
shall be a fenced yard or dog enclosures
present to prevent the running at large or escape of
dogs confined therein Z.
KENNEL; PRIVATE 3: A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein°.
NUISANCE: It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
1 See also section 12-2-2 of this code, definition of "dog kennel, commercial'
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12-2-2 of this code, definition of "dog kennel, private"
See title 12, chapter 7 of this code for fence requirements and restrictions.
domestic animals;
B. To run at large; to habitually or frequently bark or
cry;
C. To frequent school grounds, parks, or public
beaches while unrestrained;
D. To chase vehicles; to molest or annoy any
person if such person is not on the property of the
owner or custodian of the animal;
E. To molest, defile, destroy any property, public or
private; or
F. To leave excrement on any property, public or
private.
OFFICER: Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article.
OWNER: Any person, firm, cooperation, organization, or
department possessing, harboring, keeping,
having an interest in, or having care, custody or
control of an animal.
POTENTIALLY
DANGEROUS DOG/CAT: Any dog/cat that:
A. When unprovoked, inflicts bite(s) on a human or
domestic animal on public or private property.
B. When unprovoked, chases or approaches a
person, including a person on a bicycle, upon the
streets, sidewalks, or any public or private
property, other than the dog owner's property, in
an apparent attitude of attack.
C. Has a known propensity, tendency, or disposition
to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic
animals.
91
PROPER ENCLOSURE: Securely confined indoors or in a securely enclosed
and locked pen or structure suitable to prevent the
animal from escaping and providing protection from
the elements for the dog. A proper enclosure does not
include a porch, patio, or any part of a house, garage,
or other structure that would allow the dog 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 obstacles that prevent the dog from
exiting.
PROVCCATION: An act that an adult could reasonably expect may
cause a dog to attack or bite.
RESTRAINT: A dog or cat shall be deemed to be under restraint
if it is on the premises of its owner or if
accompanied by an individual and under that
individual's effective control.
BODILY HARM: Bodily injury that involves a temporary but substantial
or temporary disfigurement, or that causes a
temporary but substantial loss or impairment of the
function of any bodily member or organ, or that
causes a fracture of any bodily member.
UNPROVOKED: The condition in which an animal is not purposely
excited, stimulated, agitated, or disturbed.
5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
any dog over six (6) months of age without first obtaining a license from
the City Clerk. No license shall be issued to any person other than the
owner except upon the written request of owner.
B. Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1. The name, address and telephone number of the owner;
2. The name and address of the person making the application, if other
than the owner; and
3. The breed, sex, and age of the dog for which a license is sought.
C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian showing that the
dog to be licensed has been given a vaccination against rabies to cover
the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated.
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance and shall expire in accordance with the
date shown on the license receipt.
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
F. Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article.
5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm
or corporation shall harbor more than three (3) dogs over the age of six (6)
months in any one -family residence unit or place of business except pursuant to
Section 5-1A-13 of this article, and no person, firm or corporation shall harbor
more than three (3) cats over the age of six (6) months in any one -family
residence unit or place of business that is located on a parcel of land two and
one-half (2.5) acres or less.
5-1A-4: DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
construction and placement of dog enclosures on private property.
B. Screening: Dog enclosures must be screened from view of adjacent
property.
C. Location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines. No dog enclosure shall be placed in
the front yard in all residential districts; and in the R-4 single-family urban
district, no dog enclosure shall be placed in the side yard.
D. Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the
prevention of odor.
E. Applicability And Effect Of Provisions: This section shall be applicable to
all dog enclosures constructed after July 18, 1995. Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his/her duly
authorized agent. Failure to comply with such notice within thirty (30) days
of issuance shall be a violation of this article.
5-1A-5: DOG KENNELS:
A. Licensing Requirements:
1. Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
license therefore from the City Council and meeting the criteria as set forth
in this article and/or the zoning ordinance' .
2. Applications For Licenses; Fees:
a. Application for a kennel license shall be made on forms provided
by the city. Such application shall contain the following information:
(1) Location on premises, of the kennel.
(2) Location of structures for housing the dogs. If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any, other person, the application shall so state.
(3) The maximum number of dogs to be kept on the premises.
(4) The location, size, and height of dog enclosures, if present.
(5) The location and type of fencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2 .
(6) Method to be used in keeping the premises in a sanitary
condition.
(7) Method to be used in keeping dogs quiet.
1 See section 12-15-6 of this code.
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times.
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection A2a of this section to protect the health, safety,
general welfare and morals of the general public.
c. Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1-7-3A of this code.
3. Approval Or Denial Of Licenses: The City Clerk shall refer private
kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
the zoning ordinance. In both cases, the City Council ay grant or deny
the license.
4. Renewal Of Licenses: All kennel licenses shall be renewed annually.
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as forth by ordinance. The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5. Requirements For Private/Commercial Kennel Licenses: A minimum of
two and one-half (2;5) acres in a residentially zoned district is required for
a private/commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private/commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City, Councilin accordance with the zoning ordinance.
6. Revocation Of Licenses: Any kennel license may be revoked by
the City Council by reason of any violation of this article or by
reason of any other health or nuisance ordinance, order, law or
regulation.
a. Private Kennel License: Before revoking a private kennel license,
the licensee shall be given notice of the meeting at which such
revocation is to be considered. Notice of the meeting shall be given
in writing five (5) days prior to said meeting. The licensee, if present
at said meeting, shall be given the opportunity to be heard.
b. Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
rA
defined in the zoning ordinance.
B. Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times.
5-1A-6: NUISANCE DOGS AND CATS
A. Obligation to Prevent Nuisances: It shall be the obligation and
responsibility of the owner or custodian of any animal in the city, whether
permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance. Failure on the part of the
owner or custodian to prevent his or her animals from committing an act of
nuisance shall be subject to the penalty herein provided.
B. Control of Animal: No restriction imposed by Section 5-1A-6 of this article
shall prohibit the appearance of any dog or cat upon streets or public
property when such dog or cat is on a leash and accompanied by an
individual or accompanied by and under the control and direction of an
individual so as to be effectively restrained by command as by leash.
Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed. Owners are required to clean up and dispose of their pet's
excrement.
C. Muzzling Proclamation: Whenever the prevalence of rabies renders such
action necessary to protect the public health and safety, the Mayor shall
issue a proclamation ordering every person owning or keeping a dog to
muzzle it securely so that it cannot bite. No person shall violate such
proclamation, and any unmuzzled dog unrestrained during the time fixed
in the, proclamation` shall be subject to impoundment as heretofore
provided, shall be considered a nuisance, and the owner of such dog shall
be subject to the penalty hereinafter provided.
D. Nuisances Prohibited: No dog or cat shall be permitted to be a nuisance
within the limits of the city. Any person, who owns, keeps, harbors or is in
physical control of a dog or cat that is a nuisance shall be in violation of
this article.
E. Abatement of Nuisance Conditions:
Nuisances Subject to Abatement: The following are declared
nuisances subject to immediate abatement by resolution of the City
Council:
Any dog/cat that has, without provocation, inflicted "substantial
bodily harm" as defined by Minnesota State Statute; or
b. Any dog/cat that has engaged in conduct resulting in three (3) or
more established violations of this article for nuisance. An
"established violation" is any violation for nuisance declared as
"established" by the City Council, or which results in conviction
in a court of competent jurisdiction; or
c. Any established violation of this article for nuisance preceded by
a declaration by the City Council, based upon prior incident, that
the dog/cat is a "dangerous dog/cat" as defined by this article.
2. Placement On Council Agenda; Upon determination by the City Clerk
of the existence of a nuisance subject to abatement as set forth above,
the City Clerk shall place the matter on the agenda for the next regular
meeting of the City Council for public hearing and abatement
consideration. Notice of the hearing and a copy of this article shall be
provided to the owners of the dogs/cats by regular mail not later than
seven (7) days prior to the hearing. The City Clerk may also notify
other concerned or interested parties.
3. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shallbe held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
evidence. The City Council may also accept relevant testimony or
evidence from other interested, persons.
4 =Decisions By City Council: The City Council may, in its discretion,
approve or disapprove the application for abatement. If approved, the
City Council may order any of the following:
a. The dog/cat be forthwith confiscated and destroyed in a proper
and humane manner, and the costs incurred in confiscating,
confining and destroying the animal paid by the owner. Any
costs unpaid after thirty -(30) days of the order shall be assessed
against the owner's property.
b. The dog/cat shall be removed permanently from the city limits
within forty-eight (48) hours of notice of the order. The dog
license shall be permanently revoked.
c. Should the owner fail to comply with the order to abate, the city,
in addition to any other legal remedy, shall have the civil remedy
of injunctive relief and may apply to a court of competent
jurisdiction for an order compelling compliance with the
abatement order
F. Summary Destruction of Certain Dogs: Whenever an officer has
reasonable cause to believe that a particular dog presents a clear and immediate
danger to residents of the city because it is infected with rabies (hydrophobia) or
because of a clearly demonstrated vicious nature, the officer, after making
reasonable attempts to impound such dog, may summarily destroy said dog.
5-1A-7: GENERAL IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
B. Notice of Impoundment:
1. Posted Notice: Upon taking up and impounding any dog or cat, the
animal control officer shall, within one day thereafter, have posted in the
City Hall a 'notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING'DOG/CAT.-
Date , 20
To whom it may concern:
We have this day taken up and impounded in the pound of the city at
, a dog/cat answering the following description: sex
color breed approximate age
name, of owner (if known)
Notice is hereby given that unless said dog/cat is claimed and
redeemed on or before o'clock_ .M., on the day of
20 the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
Animal control officer/city official
10
2. Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be given to the owner thereof
either by mail or personal service.
3. Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day.
C. Redemption of Impounded Dots and Cats: Any dog or cat may be
reclaimed from the animal shelter by its owner within the time specified in
the notice by the payment to the City Clerk or his/her designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article.
D. Disposition of Unclaimed Dogs and Cats:
1. Sale: Any dog or cat which is not claimed as provided in Subsection B
of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a'licensed educational or scientific
institution under Minnesota'' state law. All sums received from the sale
of dogsor cats under this subsection shall be deposited into the
general fund of the city.
2. Any dog or cat which is not claimed by the owner or sold or transferred
to a licensed educational or scientific institution shall be painlessly and
humanely destroyed and buried by the animal control officer.
E. Permissible Return of Unrestrained Dogs and Cats: Notwithstanding the
provisions of Subsection 5 -1A -7A of this article, if an animal is found
unrestrained and its owner can be identified and located, such animal
need not be impounded but may, instead, be taken to the owner. In such
cases, however, proceedings may be taken against the owner for violation
of this article.
5-1A-8: IMPOUNDMENT AND REDEMPTION OF DANGEROUS DOGS
AND CATS:
A. Whenever any owner of a dog/cat shall learn that such dog/cat has bitten,
attacked, or threatened any other human being or domestic animal, such
owner shall immediately impound said dog/cat in a place of confinement
where it cannot escape or have access to any other human being or
animal, and it shall also immediately notify any peace officer, dog/cat
11
catcher, or other person authorized by the City Council. Whenever such
authorized person, peace officer or dog/cat catcher shall learn that any
human being has been bitten by any dog/cat within the city, he/she shall
ascertain the identity of such dog/cat and the persons who might meet the
definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog/cat as
required herein. If in the opinion of such peace officer, dog/cat catcher, or
other authorized person, the owner of such a dog/cat cannot or will not so
impound the dog/cat, such peace officer, dog/cat catcher, or other
authorized person shall transport such dog/cat to the pound under
contract to the city. Any dog/cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog/cat bit a
human being. The cost of such impounding and confinement shall be
borne by the owner of the dog/cat, if such owner can be found, which
costs shall be as stated for impoundingand confinement elsewhere in this
article.
B. Upon learning that a dog/cat has bitten a human being, the peace officer,
dog/cat catcher, or other authorized person shall immediately notify the
City Health Officer and inform him/her of the place where the dog/cat is
impounded. It shall be the duty of the City Health Officer to inspect said
dog/cat from time to time during its period of fourteen (14) days'
confinement, and to determine whether or not such,dog/cat may be
infected with rabies. For this purpose, he/she shall have access to the
premises where such dog/cat is kept at all reasonable hours, and may
take possession of the idog/cat and confine it at such place as he/she
deems appropriate at the expense of the owner.
C. If an owner has impounded a dog/cat pursuant to the request of a peace
officer, dog/cat catcher, or other authorized person, the owner shall
promptly transport said dog/cat to the pound under contract to the city for
the purposes stated above. If the owner refuses to do so, and refuses to
allow <a peace officer, dog/bat'catcher or other authorized person to
transport the dog/cat'to the contract pound, the owner shall be in violation
of this article.
5-1A-9: POTENTIALLY DANGEROUS DOGS AND CATS: In the event
that a complaint is received which, in the judgment of the City Clerk, Sheriffs
Deputy, animal control officer, or other duly authorized person, occurred under
circumstances which would justify the classification of the dog/cat as potentially
dangerous under this article, the City Clerk shall notify the owner of the dog/cat,
in writing, that the dog/cat has been classified as potentially dangerous under this
article. Said notice shall further inform the owner that should the dog/cat again
aggressively bite, attack, or otherwise endanger the safety of humans or
domestic animals, the city may declare the dog/cat to be a dangerous dog/cat
and be subject to the restrictions thereon, including abatement. Said
12
authorization shall forward a copy of the notice of potentially dangerous dog/cat
to the City Clerk.
5-1A-10: DANGEROUS DOGS AND CATS: In the event that a complaint is
received which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog/cat as a dangerous dog/cat under
this article, the City Clerk shall place the issue on the next available agenda of
the City Council and shall notify the owner of the dog/cat, in writing, of the time
and place of the Council meeting at which the matter shall be heard. The notice
shall inform the owner that a request has been made to classify the dog/cat as a
dangerous dog/cat and the City Council shall hear such facts as any interested
parties may wish to present, and shall, by resolution, determine whether or not to
classify the dog/cat as a dangerous dog/cat. Such adetermination shall be made
upon the basis of whether or not the criteria as found in Section 5-1A-1 of this
article, definition of the term "dangerous dog/cat", have been met. No variances
shall be permitted from the strict terms of said definition. In the event a dog/cat is
classified as a dangerous dog/cat, the following shall apply:
A. The owner of the dog/cat shall be notified in writing and by certified mail or
personal service, that the dog/cat has been classified as a dangerous
dog/cat and shall be furnished with a copy of the resolution.
B. If the dog/cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other', identifying materials
shall be placed in a'permanent file indexed under the owner's name. If the
dog/cat is not impounded, the owner shall be notified that the dog/cat
license shall be revoked unless, within ten (10) days after receipt of the
notice, the owner furnishes to the city suitable photographs or other
identifying' materials of the dog/cat, or makes the dog/cat available for the
taking of photographs by city staff for insertion in the permanent files.
C. The City Clerk shall maintain'a permanent file of all dogs/cats classified as
dangerous dogs/cats indexed under the owner's name.
D. No person may own`a dangerous dog/cat in the city unless the owner
complies with this section. The animal control authority of the city may
charge the owner an annual fee, in addition to any regular dog/cat
licensing fees, to obtain a certificate of registration for a dangerous
dog/cat under this section. A dangerous dog/cat registered under this
section must have a standardized, easily identifiable tag identifying the
dog/cat as dangerous and containing the uniform dangerous dog symbol,
affixed to the dog/cat's collar at all times. The owner of the dangerous
dog/cat must comply with the following provisions and present sufficient
evidence of compliance with them:
13
A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a clearly visible warning sign that
there is a dangerous dog/cat on the property, including a
warning symbol to inform children; and
2. A surety bond issued by a surety company authorized to
conduct business in the State of Minnesota in a form acceptable
by the city in the sum of at least three hundred thousand dollars
($300,000.00) payable to any person injured by the dangerous
dog/cat, or a policy of liability insurance issued by an insurance
company authorized to conduct business in the State of
Minnesota in the amount of at least three hundred thousand
dollars ($300,000.00), insuring the owner of any personal
injuries inflicted by the dangerous dog/cat.
3. The owner has paid an annual fee, in addition to any regular
dog/cat licensing fees, to obtain a certificate of registration from
the city for a dangerous dog/cat.
4. The owner has had microchip identification implanted in the
dangerous dog/cat as required under Minnesota Statues
Section 347.515.
5. The owner of a dangerous dog/cat shall keep the dangerous
dog/cat, while on the owner's property, in a proper enclosure. If
the dog/cat is outside the proper enclosure, the dog/cat must be
muzzled and restrained by a'substantial chain or leash and
under the physical restraint of a responsible individual. The
muzzle must be made in a manner that will prevent the dog/cat
from biting any person or animal but that will not cause injury to
the dog/cat or interfere with its vision or respiration.
6. The animalcontrol authority for the city shall immediately seize
any dangerous dog/cat if: 1) after fourteen (14) days after the
owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the dog/cat is not validly registered as set
forth herein; 2) after fourteen (14) days after the owner has
been notified that the dog/cat has been declared a dangerous
dog/cat, the owner does not secure the proper liability insurance
or surety coverage as applied by this article; 3) the dog/cat is
not maintained in the proper enclosure; 4) the dog/cat is outside
the proper enclosure and not under physical restraint of a
responsible individual; 5) the dog is not sterilized within 30 days,
pursuant to city code section 5-1A-11 A 4.j. If the owner of a
Re!
dog/cat is convicted of a crime for which the dog/cat was
originally seized, they may order that the dog/cat be confiscated
and destroyed in a proper and humane manner, and that the
owner pay the costs incurred in confiscating, confining, and
destroying the dog/cat.
7. If the animal control authority for the city issues a certificate of
registration to the owner of a dangerous dog/cat, the animal
control authority requires posting of the owner's property with a
warning symbol to inform children that there is a dangerous
dog/cat on the property. The warning symbol must be the
uniform symbol provided by the commissioner of public safety.
The animal control authority for the city may charge the
registrant a reasonable fee to cover its administrative costs and
the cost of the warning symbol.
8. An owner of a dangerous dog/cat must renew the registration of
the dangerous dog/cat annually until the dog/cat is deceased. If
the dog/cat is removed from the city, it must be registered as a
dangerous dog/cat in its new jurisdiction.
9. An owner of a dangerous dog/cat must notify the animal control
authority of the city in writing of the death of the dog/cat or its
transfer to a new location where the dog/cat will reside within 30
days of the death or transfer, and must, if requested by the
animahcontrol authority, execute an affidavit under oath setting
forth either the circumstances of the dog/cat's death or
disposition or the complete name, address, and telephone
number of the person to whom the dog/cat has been transferred
or the address where the dog/cat has been relocated.
10. The animal control authority of the city shall require a dangerous
dog/cat to be sterilized at the owner's expense. If the owner
does not have the animal sterilized within 30 days, the animal
controlauthority may seize the dog/cat and have it sterilized at
the owner's expense.
11.A person who owns a dangerous dog/cat and who rents
property from another where the dog/cat will reside must
disclose to the property owner prior to entering the lease
agreement and at the time of any lease renewal that the person
owns a dangerous dog/cat that will reside at the property.
Fb1
12.A person who transfers ownership of a dangerous dog/cat must
notify the new owner that the animal control authority has
identified the dog/cat as dangerous. The current owner must
also notify the animal control authority in writing of the transfer
of ownership and provide the animal control authority with the
new owner's name, address and telephone number.
E. All provisions of Minnesota State Statute Sections 347.54, 347.541,
347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code
by reference. These particular sections deal with seizure, disposition of
seized animals, restrictions on dog ownership, penalties, and destruction
of dogs in certain circumstances.
F. The following are exceptions to the dangerous dog/cat classification:
1. The provisions of this section do not apply to dangerous
dogs/cats used by law enforcement officials for official work.
2. Dogs/cats may not be declared dangerous if the threat, injury, or
damage was sustained; by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
owner of the dog/cat; 2) who was provoking, tormenting, abusing or
assaulting the dog/cat or who can be shown to have repeatedly, in
the past, provoked, tormented', abused; or assaulted the dog/cat; or
3) who was committing or attempting to commit a crime.
G. Nothing in this chapter, nor the enactment of any other procedures herein
enumerated, shall be deemed to limit, alter, or impair the right of the city or
any person to seek enforcement through criminal prosecution of any
violation of this article, and the fact the city may be pursuing classification
of;a dog/cat under this article shall prevent or prohibit the prosecution at
the same time of an owner of a dog/cat for violation of this chapter under
facts arising from the same occurrence as that which generated
classification procedures. The classification procedures shall be in
addition to, and not in place of, criminal prosecution under other portions
of this chapter or other ordinances.
5-1A-11: ENFORCEMENT OFFICIALS: The City Council may from time
to time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article. Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers.
5-1A-12: CITATIONS: The animal control officer, or his/her designee, shall
be authorized to issue citations for violations of this article.
III
5-1A-13: VIOLATION; PENALTY: Any person who shall violate any
provision of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by state law.
17
DELETES AND RELOCATIONS
CHAPTER1
ANIMAL CONTROL
ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1:
Definitions
5-1A-2:
Dog Licensing Requirements; Exemptions
5-1A-3:
Number Of Dogs And Cats Restricted
5-1A-4:
Violations
5-1A-5:
Control Of Animal; Excrement Removal Required
5-1A-6:
Obligation To Prevent Nuisances
5-1A-7:
Impoundment And Redemption Provisions
5-1A-8:
Permissible Return Of Unrestrained Dogs And Cats
5-1A-9:
Improper Care And Treatment Prohibited
5-1A-10:
Muzzling Proclamation
5-1A-11:
Dangerous And Potentially Dangerous Dogs And Cats
5-1A-12:
Summary Destruction Of Certain Dogs
5-1A-13:
Dog Kennels
5-1A-14:
Dog Enclosures
5-1A-15:
Enforcement Officials
5-1A-16:
Citations
5-1A-17:
Abatement Of Nuisance Conditions
5-1A-18:
Violation; Penalty
5-1A-1: DEFINITIONS:
ANIMAL SHELTER: Any premises designated by the City Council for the
purpose of impounding and raring for the dogs and
cats held under the authority of this article.
BITING DOG: Any dog which, without being provoked, has bitten,
scratched, or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully
on the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
express or implied invitation of the owner.
DANGEROUS DOG/CAT: Any dog/cat that has:
A. Without provocation, inflicted substantial bodily
harm on a human being on public or private property;
or
B. Without provocation, killed or inflicted substantial
bodily harm on a domestic animal while off the
owner's property; or
C. Been found potentially dangerous, and after the
owner has been notified that the dog/cat is potentially
dangerous, the dog/cat aggressively bites, attacks, or
endangers the safety of humans or domestic animals.
DOG ENCLOSURE: An enclosure (of sufficient size) constructed for
KENNEL; PRIVATE 3: A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
1 See also section 12-2-2 of this code, definition of "dog kennel, commercial".
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12-2-2 of this code, definition of"dog kennel, private"
shutting in or enclosing dogs. The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6) in height and of sufficient gauge to
ensure the dog's confinement. A cement pad of four
inches (4") in thickness shall be present that covers
the inside and perimeter of the enclosure.
FREQUENT BARKING:
Barking intermittently for 30 minutes or more.
(Amend. 9/18/07; Ord. 354)
HABITUAL BARKING:
Barking for repeated intervals of at least five minutes
with less than one minute of interruption. (Amend.
9/18/07; Ord. 354)
KENNEL;
Any place where a person accepts dogs from the
COMMERCIAL':
general public and where such animals are kept for
the purpose of selling, boarding, breeding, training,
or grooming, except for a veterinary clinic. There
shall be a fenced yard or dog enclosures
present to prevent the running at large or escape of
dogs confined therein Z.
KENNEL; PRIVATE 3: A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
1 See also section 12-2-2 of this code, definition of "dog kennel, commercial".
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12-2-2 of this code, definition of"dog kennel, private"
escape of dogs confined therein^.
NUISANCE: It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
domestic animals;
B. To run at large; to habitually or frequently bark or
cry;
C. To frequent school grounds, parks, or public
beaches while unrestrained;
D. To chase vehicles; to molest or annoy any
person if such person is not on the property of the
owner or custodian of the animal;
E. To molest, defile, destroy any property, public or
private; or
F. To leave excrement on any property, public or
private.
OFFICER: Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article.
OWNER: Any person, firm, partnership or corporation
owning, harboring, or keeping dogs or cats.
POTENTIALLY
DANGEROUS DOG/CAT: Any dog/cat that:
A. When unprovoked inflicts bites on a human or
domestic animal on public or private property;
B. When unprovoked, chases or approaches a
person, including a person on a bicycle, upon the
streets, sidewalks, or any public or private property,
other than the dog/cat owner's property, in an
See title 12, chapter 7 of this code for fence requirements and restrictions.
apparent attitude of attack; or
C. Has a known propensity, tendency, or disposition
to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic
animals.
PROVOCATION: An act that an adult could reasonably expect may
cause a dog to attack or bite. (Amend. 12-2-2008;
Ord. 376)
RESTRAINT: A dog or cat shall be deemed to be under restraint
if it is on the premises of its owner or if
accompanied by an individual and under that
individual's effective control. (Amended Ord. 233,
11-4-1997; amd. 2003 Code)
UNPROVOKED: The condition in which an animal is not purposely
excited, stimulated, agitated, or disturbed. (Amend.
9/18/07; Ord. 354)
5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
any dog over six (6) months of age without first obtaining a license from
the City Clerk. No license shall be issued to any person other than the
owner except upon the written request of owner.
B. Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1. The name, address and telephone number of the owner;
2. The name and address of the person making the application, if other
than the owner; and
3. The breed, sex, and age of the dog for which a license is sought.
C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian showing that the
dog to be licensed has been given a vaccination against rabies to cover
the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated.
(Amended Ord. 233, 114-1997)
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance t and shall expire in accordance with the
date shown on the license receipt. (Amended Ord. 233,11-4-1997; amd.
2003 Code)
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
(Amended Ord. 233,11-4-1997)
5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No
person, firm or corporation shall harbor more than three (3) dogs over the age of
six (6) months in any one -family residence unit or place of business except
pursuant to Section 5-1A-13 of this article, and no person, fine or corporation
shall harbor more than three (3) cats over the age of six (6) months in any one -
family residence unit or place of business that is located on a parcel of land three
(3) acres or less. (Amended Ord. 233, 11-4-1997)
5-1A-4: VIOLATIONS:
A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance
within the limits of the city. Any person who owns, keeps, harbors or is in
physical control of a dog/cat that is a nuisance shall be in violation of this
article. (Amended Ord. 233, 11-4-1997)
B Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article.
(Amended Ord. 233,11-4-1997; amd. 2003 Code)
5-1A-5: CONTROL OF ANIMAL; EXCREMENT REMOVAL
REQUIRED:
A. Control Required:
1. The restriction imposed by Section 5-1 A-4 of this article shall not
prohibit the appearance of any dog or cat upon streets or public property
when such dog or cat is on a leash and accompanied by an individual or
accompanied by and under the control and direction of an individual so as
to be as effectively restrained by command as by leash.
I See subsection 1-7-3A of this code.
- Commented pGl l: Redundant with dreg 5 -IA -6:
Nuisance Dogs and Cats. Deleted.
- - Commented [JG21: Retmatedto Draft 5 -IA -2: Dog
Licensing Regnircmcnts; Exemp=
2. Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed.
IB. Removal Of Excrement: Owners are required to dean up and
dispose of their pefs excrement. (Amended Ord. 233, 11-4-
1997; amd. 2003 Code)
5-1A-6: OBLIGATION TO PREVENT NUISANCES: it shall be the
obligation and responsibility of the owner or custodian of any animal in the city,
whether permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance. Failure on the part of the owner
or custodian to prevent his or her animals from committing an act of nuisance
shall be subject to the penalty herein provided. (Amended Ord. 233, 11-4-1997)
5-1A-7: IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Impoundment Of Dogs And Cats:
1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
2. Dangerous Dogs And Cats:
a. Whenever any owner of a dog/cat shall learn that such dog/cat
has bitten, attacked, or threatened any other human being or domestic
animal, such owner shall immediately impound said dog/cat in a place of
confinement where it cannot escape or have access to any other human
being or animal, and it shall also immediately notify any peace officer,
dog/cat catcher, or other person authorized by the City Council. Whenever
such authorized person, peace officer or dog/cat catcher shall learn that
any human being has been bitten by any dog/cat within the city, he/she
shall ascertain the identity of such dog/cat and the persons who might
meet the definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog/cat as
required herein. If in the opinion of such peace officer, dog/cat catcher, or
other authorized person, the owner of such a dog/cat cannot or will not so
impound the dog/cat, such peace officer, dog/cat catcher, or other
authorized person shall transport such dog/cat to the pound under
contract to the city. Any dog/cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog/cat bit a
human being. The cost of such impounding and confinement shall be
borne by the owner of the dog/cat, if such owner can be found, which
Commemed [JG3]: Relocated to DnR 5 -IA -6: Nuisance
Dogs and Cate
Commented [1G4]: Redundant with Nuisance Dog and
Cat deSnitlon. Removed
Commented [JG5]: Relocated to Draft 5 -IA -6: Nuisance
Dogs and Cats.
costs shall be as stated for impounding and confinement elsewhere in this
article.
b. Upon learning that a dog/cat has bitten a human being, the
peace officer, dog/cat catcher, or other authorized person shall
immediately notify the City Health Officer and inform him/her of the place
where the dog/cat is impounded. It shall be the duty of the City Health
Officer to inspect said dog/cat from time to time during its period of
fourteen (14) days' confinement, and to determine whether or not such
dog/cat may be infected with rabies. For this purpose, he/she shall have
access to the premises where such dog/cat is kept at all reasonable
hours, and may take possession of the dog/cat and confine it at such
place as he/she deems appropriate at the expense of the owner.
c. If an owner has impounded a dog/cat pursuant to the request of
a peace officer, dog/cat catcher, or other authorized person, the owner
shall promptly transport said dog/cat to the pound under contract to the
city for the purposes stated above. If the owner refuses to do so, and
refuses to allow a peace officer, dog/cat catcher or other authorized
person to transport the dog/cat to the contract pound, the owner shall be
in violation of this article.
B. Notice Of Impoundment:
1. Posted Notice: Upon taking up and impounding any dog or cat, the
animal control officer shall, within one day thereafter, have posted in the
City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG/CAT..,
Date , 20
To whom it may concern:
We have this day taken up and impounded in the pound of the city at
a dog/cat answering the following description: sex
color breed approximate age
name of owner (if known)
Notice is hereby given that unless said dog/cat is claimed and
redeemed on or before o'clock_ .M., on the _day of
20 , the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
Commented VG61: Relocated to Drag 5 -IA -8:
Impoundment and Redemption ofDsngerous Dogs and Cats.
Animal control officer/city official
2. Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be given to the owner thereof
either by mail or personal service.
3. Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day. (Amended Ord. 233,
11-4-1997)
C. Redemption Of Impounded Dogs And Cats: Any dog or rat may be
reclaimed from the animal shelter by its owner within the time specified in
the notice by the payment to the City Clerk or his/her designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article. (Amended Ord. 233, 114-1997; amd. 2003 Code)
D. Disposition Of Unclaimed Dogs And Cats:
1. Sale: Any dog or cat which is not claimed as provided in Subsection B
of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a licensed educational or scientific
institution under Minnesota state law. All sums received from the sale of
dogs or cats under this subsection shall be deposited into the general fund
of the city.
2. Destruction: Any dog or cat which is not claimed by the owner or sold or
transferred to a licensed educational or scientific institution shall be
painlessly and humanely destroyed and buried by the animal control
officer. (Amended Ord. 233, 11-4-1997)
5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND
CATS: Notwithstanding the provisions of Subsection 5 -1A -7A of this
article, if an animal is found unrestrained and its owner can be identified
and located, such animal need not be impounded but may, instead, be
taken to the owner. In such cases, however, proceedings may be taken
against the owner for violation of this article. (Amended Ord. 233, 11-4-
1997)
1-41997)
15-1A-9: REQUIRED BASIC CARE AND PROHIBITED TREATMENT:
(Amend. 9/18/07; Ord. 354)
CammeMed tJG7]: Relocated to Drag 5 -IAA: General
Impoundment and Redempnon Pmvisiom.
A. No owner shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with
humane care and treatment.
B. No person shall beat, treat cruelly, torment or otherwise abuse any animal,
or cause or permit any dog or cat fight. No owner of a dog or cat shall
abandon such animal. (Amended Ord. 233, 11-4-1997)
5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of
rabies renders such action necessary to protect the public health and safety, the
Mayor shall issue a proclamation ordering every person owning or keeping a dog
to muzzle it securely so that it cannot bite. No person shall violate such
proclamation, and any unmuzzled dog unrestrained during the time fixed in the
proclamation shall be subject to impoundment as heretofore provided, and the
owner of such dog shall be subject to the penalty hereinafter provided. (Amended
Ord. 233,11-4-1997)
5-1A-11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS
AND CATS:
IA. Dangerous Dogs And Cats: In the event that a complaint is received
which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog/cat as a dangerous dog/cat
under this article, the City Clerk shall place the issue on the next available
agenda of the City Council and shall notify the owner of the dog/cat, in
writing, of the time and place of the Council meeting at which the matter
shall be heard. The notice shall inform the owner that a request has been
made to classify the dog/cat as a dangerous dog/cat and the City Council
shall hear such facts as any interested parties may wish to present, and
shall, by resolution, determine whether or not to classify the dog/cat as a
dangerous dog/cat. Such a determination shall be made upon the basis of
whether or not the criteria as found in Section 5-1A-1 of this article,
definition of the term "dangerous dog/cat', have been met. No variances
shall be permitted from the strict terms of said definition. In the event a
dog/cat is classified as a dangerous dog/cat, the following shall apply:
1. The owner of the dog/cat shall be notified in writing and by certified mail
or personal service, that the dog/cat has been classified as a dangerous
dog/cat and shall be furnished with a copy of the resolution.
2. If the dog/cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other identifying materials
shall be placed in a permanent file indexed under the owner's name. If the
dog/cat is not impounded, the owner shall be notified that the dog/cat
Commented [1G8]: Section redundant with City Code 5 -
IE: Care ofMimals. Section deleted.
Commented [1G97: Relocated to Draft 5 -IA -6: Neisnnoe
Dogs and Cats.
license shall be revoked unless, within ten (10) days after receipt of the
notice, the owner furnishes to the city suitable photographs or other
identifying materials of the dog/cat, or makes the dog/cat available for the
taking of photographs by city staff for insertion in the permanent files.
3. The City Clerk shall maintain a permanent file of all dogs/cats classified
as dangerous dogs/cats indexed under the owner's name.
4. No person may own a dangerous dog/cat in the city unless the owner
complies with this section. The animal control authority of the city may
charge the owner an annual fee, in addition to any regular dog/cat
licensing fees, to obtain a certificate of registration for a dangerous
dog/cat under this section. A dangerous dog/cat registered under this
section must have a standardized, easily identifiable tag identifying the
dog/cat as dangerous and containing the uniform dangerous dog symbol,
affixed to the dog/cat's collar at all times. The owner of the dangerous
dog/cat must comply with the following provisions and present sufficient
evidence of compliance with them: (Amended 12-2-08; Ord. 376)
a. A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a clearly visible warning sign that
there is a dangerous dog/cat on the property, including a warning
symbol to inform children; and (Amended 12-2-08; Ord. 376)
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city
in the sum of at least three hundred thousand dollars ($300,000.00)
payable to any person injured by the dangerous dog/cat, or a policy
of liability insurance issued by an insurance company authorized to
conduct business in the State of Minnesota in the amount of at
least three hundred thousand dollars ($300,000.00), insuring the
owner of any personal injuries inflicted by the dangerous dog/cat.
(Amended Ord. 233, 11-4-1997; Amended 12-2-08; Ord. 376)
c. The owner has paid an annual fee, in addition to any regular
dog/cat licensing fees, to obtain a certificate of registration from the
city for a dangerous dog/cat. (Amended 12-2-08; Ord. 376)
d. The owner has had microchip identification implanted in the
dangerous dog/cat as required under Minnesota Statues Section
347.515. (Amended 12-2-08; Ord. 376)
e. The owner of a dangerous dog/cat shall keep the dangerous
dog/cat, while on the owner's property, in a proper enclosure. If the
dog/cat is outside the proper enclosure, the dog/cat must be
muzzled and restrained by a substantial chain or leash and under
the physical restraint of a responsible individual. The muzzle must
be made in a manner that will prevent the dog/cat from biting any
person or animal but that will not cause injury to the dog/cat or
interfere with its vision or respiration. (Amended 12-2-08; Ord. 376)
f. The animal control authority for the city shall immediately seize
any dangerous dog/cat if. 1) after fourteen (14) days after the
owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the dog/cat is not validly registered as set forth
herein; 2) after fourteen (14) days after the owner has been notified
that the dog/cat has been declared a dangerous dog/cat, the owner
does not secure the proper liability insurance or surety coverage as
applied by this article; 3) the dog/cat is not maintained in the proper
enclosure; 4) the dog/cat is outside the proper enclosure and not
under physical restraint of a responsible individual; 5) the dog is not
sterilized within 30 days, pursuant to city code section 5-1A-11 A
4.j. If the owner of a dog/cat is convicted of a crime for which the
dog/cat was originally seized, they may order that the dog/cat be
confiscated and destroyed in a proper and humane manner, and
that the owner pay the costs incurred in confiscating, confining, and
destroying the dog/cat. (Amended Ord. 233, 11-4-1997; amd. 2003
Code; Amended 12-2-08; Ord. 376)
g. If the animal control authority for the city issues a certificate of
registration to the owner of a dangerous dog/cat pursuant to section
5-1A-11 a. 4., the animal control authority requires posting of the
owner's property with a warning symbol to inform children that there
is a dangerous dog/cat on the property. The warning symbol must
be the uniform symbol provided by the commissioner of public
safety. The animal control authority for the city may charge the
registrant a reasonable fee to cover its administrative costs and the
cost of the warning symbol. (Amended 12-2-08; Ord. 376)
h. An owner of a dangerous dog/cat must renew the registration of
the dangerous dog/cat annually until the dog/cat is deceased. If the
dog/cat is removed from the city, it must be registered as a
dangerous dog/rat in its new jurisdiction. (Amended 12-2-08; Ord.
376)
i. An owner of a dangerous dog/cat must notify the animal control
authority of the city in writing of the death of the dog/cat or its
transfer to a new location where the dog/cat will reside within 30
days of the death or transfer, and must, if requested by the animal
control authority, execute an affidavit under oath setting forth either
the circumstances of the dog/cat's death or disposition or the
complete name, address, and telephone number of the person to
whom the dog/cat has been transferred or the address where the
dog/cat has been relocated. (Amended 12-2-08; Ord. 376)
j. The animal control authority of the city shall require a dangerous
dog/cat to be sterilized at the owners expense. If the owner does
not have the animal sterilized within 30 days, the animal control
authority may seize the dog/cat and have it sterilized at the owners
expense. (Amended 12-2-08; Ord. 376)
k. A person who owns a dangerous dog/cat and who rents property
from another where the dog/cat will reside must disclose to the
property owner prior to entering the lease agreement and at the
time of any lease renewal that the person owns a dangerous
dog/cat that will reside at the property. (Amended 12-2-08; Ord.
376)
I. A person who transfers ownership of a dangerous dog/cat must
notify the new owner that the animal control authority has identified
the dog/cat as dangerous. The current owner must also notify the
animal control authority in writing of the transfer of ownership and
provide the animal control authority with the new owners name,
address and telephone number. (Amended 12-2-08; Ord. 376)
5. All provisions of Minnesota State Statute Sections 347.54, 347.541,
347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code
by reference. These particular sections deal with seizure, disposition of
seized animals, restrictions on dog ownership, penalties, and destruction
of dogs in certain circumstances. (Amended 12-2-08; Ord. 376)
6. The following are exceptions to the dangerous dog/cat classification:
a. The provisions of this section do not apply to dangerous
dogs/cats used by law enforcement officials for official work.
b. Dogs/cats may not be declared dangerous if the threat, injury, or
damage was sustained by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
owner of the dog/cat; 2) who was provoking, tormenting, abusing or
assaulting the dog/cat or who can be shown to have repeatedly, in
the past, provoked, tormented, abused, or assaulted the dog/cat; or
3) who was committing or attempting to commit a crime. (Amended
12-2-08; Ord. 376)
7. Nothing in this chapter, nor the enactment of any other procedures
herein enumerated, shall be deemed to limit, alter, or impair the right of
the city or any person to seek enforcement through criminal prosecution of
any violation of this article, and the fact the city may be pursuing
classification of a dog/cat under this article shall prevent or prohibit the
prosecution at the same time of an owner of a dog/cat for violation of this
chapter under fads arising from the same occurrence as that which
generated classification procedures. The classification procedures shall be
in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances. (Amended Ord. 233, 11-4-
1997; Amended 12-2-08; Ord. 376)
�B. Potentially Dangerous Dogs And Cats: In the event that a complaint is
received which, in the judgment of the City Clerk, Sheriffs Deputy, animal
control officer, or other duly authorized person, occurred under
circumstances which would justify the classification of the dog/cat as
potentially dangerous under this article, the City Clerk shall notify the
owner of the dog/cat, in writing, that the dog/cat has been classified as
potentially dangerous under this article. Said notice shall further inform the
owner that should the dog/cat again aggressively bite, attack, or otherwise
endanger the safety of humans or domestic animals, the city may declare
the dog/cat to be a dangerous dog/cat and be subject to the restrictions
thereon, including abatement. Said authorization shall forward a copy of
the notice of potentially dangerous dog/cat to the City Clerk. (Amended
Ord. 233,11-4-1997; amd. 2003 Code)
5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an
officer has reasonable cause to believe that a particular dog presents a clear and
immediate danger to residents of the city because it is infected with rabies
(hydrophobia) or because of a clearly demonstrated vicious nature, the officer,
after making reasonable attempts to impound such dog, may summarily destroy
said dog. (Amended Ord. 233,11-4-1997)
5-1A-13: DOG KENNELS:
A. Licensing Requirements:
1. Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
license therefore from the City Council and meeting the criteria as set forth
in this article and/or the zoning ordinance .
2. Applications For Licenses; Fees:
a. Application for a kennel license shall be made on forms provided
by the city. Such application shall contain the following information:
(1) Location, on premises, of the kennel.
t See section 12-15-6 of this code.
Commended [JG101: Relocated to DMI15-IA-10:
Dsngemus Dogs and Cats.
Commented [JG11D Relooated to Draft 5-1A-9:
Potentially Dmgemus Dogs end Cats.
Commended [JG12]: Relocated to Draft 5-1 A-6: Noisma
Dogs and Cats.
(2) Location of structures for housing the dogs. If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any other person, the application shall so state.
(3) The maximum number of dogs to be kept on the premises.
(4) The location, size, and height of dog enclosures, if present.
(5) The location and type of fencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2 .
(6) Method to be used in keeping the premises in a sanitary
condition.
(7) Method to be used in keeping dogs quiet.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times.
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection Ata of this section to protect the health, safety,
general welfare and morals of the general public. (Amended Ord.
233,11-4-1997)
c. Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1-7-3A of this code.
3. Approval Or Denial Of Licenses: The City Clerk shall refer private
kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
the zoning ordinance. In both cases, the City Council may grant or deny
the license.
4. Renewal Of Licenses: All kennel licenses shall be renewed annually.
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as set forth by ordinance'. The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5. Requirements For Private/Commercial Kennel Licenses: A minimum of
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
1 See subsection 1-7-3A of this code.
two and one-half (2.5) acres in a residentially zoned district is required for
a private/commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private/commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City Council in accordance with the zoning ordinance.
Amended Ord. 233,11-4-1997; amd. 2003 Code)
6. Revocation Of Licenses: Any kennel license may be revoked by
the City Council by reason of any violation of this article or by
reason of any other health or nuisance ordinance, order, law or
regulation.
a. Private Kennel License: Before revoking a private kennel license,
the licensee shall be given notice of the meeting at which such
revocation is to be considered. Notice of the meeting shall be given
in writing five (5) days prior to said meeting. The licensee, if present
at said meeting, shall be given the opportunity to be heard.
b. Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
defined in the zoning ordinance.
B. Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times. (Amended Ord. 233, 11-4-1997)
I,5 -1A-14: DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
construction and placement of dog enclosures on private property.
B. Screening: Dog enclosures must be screened from view of adjacent
property.
C. Location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines. No dog enclosure shall be placed in
the front yard in all residential districts; and in the R-4 single-family urban
district, no dog enclosure shall be placed in the side yard.
D. Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the
Commented [JG13]: Relocated to Draft 5-1 A-5: Dog
Kemcls.
prevention of odor.
E. Applicability And Effect Of Provisions: This section shall be applicable to
all dog enclosures constructed after July 18, 1995. Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his/her duly
authorized agent. Failure to comply with such notice within thirty (30) days
of issuance shall be a violation of this article. (Amended Ord. 233, 11-4-
1997)
5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to
time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article. Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4-
1997)
5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall
be authorized to issue citations for violations of this article. (Amended Ord. 233,
11-4-1997)
5-1A-17: ABATEMENT OF NUISANCE CONDITIONS:
A. Nuisances Subject To Abatement: The following are declared
nuisances subject to immediate abatement by resolution of the
City Council:
1. Any dog/cat that has, without provocation, inflicted "substantial bodily
harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a,
on any person; or
2. Any dog/cat that has engaged in conduct resulting in three (3) or more
established violations of this article for nuisance. An "established violation"
is any violation for nuisance declared as "established" by the City Council,
or which results in a conviction in a court of competent jurisdiction; or
3. Any established violation of this article for nuisance preceded by a
declaration by the City Council, based upon a prior incident, that the
dog/cat is a "dangerous dog/cat" as defined by this article.
B. Placement On Council Agenda; Notice Requirements: Upon
determination by the City Clerk of the existence of a nuisance subject to
abatement as set forth above, the City Clerk shall place the matter on the
agenda for the next regular meeting of the City Council for public hearing
Commented [JG14]: Rc4=ncd m Dr&R 5-1A-4: Dog
Enclosures.
and abatement consideration. Notice of the hearing and a copy of this
article shall be provided to the owners of the dogs/cats by regular mail
not later than seven (7) days prior to the hearing. The City Clerk may also
notify other concerned or interested parties.
C. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shall be held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
evidence. The City Council may also accept relevant testimony or
evidence from other interested persons.
D. Decisions By City Council: The City Council may, in its discretion, approve
or disapprove the application for abatement. If approved, the City Council
may order any of the following:
1. The dog/cat be forthwith confiscated and destroyed in a proper and
humane manner, and the costs incurred in confiscating, confining and
destroying the animal paid by the owner. Any costs unpaid after thirty -(30)
days of the order shall be assessed against the owners property.
(Amended Ord. 233,11-4-1997)
2. The dog/cat shall be removed permanently from the city limits within
forty-eight (48) hours of notice of the order. The dog license shall be
permanently revoked.
3. Should the owner fail to comply with the order to abate, the city, in
addition to any other legal remedy, shall have the civil remedy of injunctive
relief and may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order. (Amended Ord. 233, 11-
4-1997; amd. 2003 Code) I
5-1A-18: VIOLATION; PENALTY: Any person who shall violate any
provision of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4-
1997)
Commemed [JG151: Relocated to Dmft S-lA-6: Nuiama
Dogs and Cars.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and City Council Members
Jim Dickinson, City Administrator
Joe Janish, Community Development Director qq
Peter Hellegers, City Planner
Consider City Code Amendments to Title 5 — Police Regulations (various chapters) and
Title 12- Zoning Regulations (various chapters) — Planning
February 18, 2020
BACKGROUND
City staff has reviewed several sections of the Zoning Code that require amendments to correct issues of
consistency, clarity or relevance. Staff has prepared this report providing an overview of the proposed
amendments which include time limit requirements to obtain a hunting license, private airfields, sight
triangles, off-street parking, and Interim Performance Standards. Redline copies of the current City
Code language have been attached to this report.
DISCUSSION
Section 54 -1 -F -(2)(b): Discharge of Weapons / Hunting Restrictions and Zones Established
Current City regulations for hunting were based on Ordinance No. 240, which was adopted in August 7,
2001. At that time the DNR required hunting licenses to be obtained 30 days prior to the start of the
hunting season and thus the Andover City hunting requirements had a 30 -day requirement as well. The
DNR has removed the 30 -day requirement so hunters can get their license and hunt on that same day.
The proposed amendments to Section 5-4-1 would remove the 30 -day requirement from City Code to
bring it into alignment with the DNR regulations.
Section 5-7: Private Airfields and Ultra -light Aircraft Activities
City Code, through Ordinance No. 261, allows private airfields and ultra -light requirements for locations
for takeoff and landing within the city. The City cannot regulate aircraft when airborne, that is the
purview of the FAA. The land use is not a common one, with most area cities prohibiting the land uses
and only St. Francis and Ramsey allowing some form of private air -based land use. In Ramsey the land
use is for heliports which is subject to a Conditional Use Permit and in St. Francis the land use is for
landing strips in agricultural areas which is through an Interim Use Permit. Staff sentiment is that the
current Andover regulations effectively prohibit private airfields and therefore the language should be
changed to offer objective requirements for private airfields, or the land use should be prohibited.
February 18, 2020
Page 2 of 2
Section 12-2-2,12-13-6-G-(3): Sight Triangle
The City Code requires that corner lots are to keep a triangular area of land clear of sight obstructions.
However, the area is sometimes referred to as the "Clear View Triangle" and sometimes as the "Sight
Triangle". City Code also provided two separate definitions for this area which are quite similar. In
order to bring clarity to the Code this should be pared down to one definition. In consultation with the
Engineering Department the preferred term is "Sight Triangle". Section 12-13-6-G-3 also references
sections 17.31 and 17.32 but there are no such sections. These references would be removed.
Section 12-13-8-F-(6): Off Street Parking Regulations
The current parking regulation in single-family home areas states that parking shall be prohibited in any
portion of a front yard. The intention of this code is to prevent parking between the front of the house
and the street, however, the language as written may allow parking in these areas to occur in some
locations. Staff discussed several alternatives and determined that the best solution was to remove the
phrase "in any portion of the front yard" and replace it with "between the street and the front of the
principal structure."
Section 12-13-22: Interim Performance Standards
The Interim Performance Standards are intended to be standards for the Hughs/Westview Industrial Park
that would be temporary until such time as municipal utilities are extended to the area. The proposed
amendments would change Interim Performance Standards to Interim Uses to reflect the eventual
expiration of the uses instead of Conditional Uses which continue with the property.
ACTION REQUIRED
Staff is looking for City Council direction related to the proposed ordinance amendments, and if staff
should pursue these amendments.
Respectfully Submitted,
Peter Hel egers,
City Planner
Attachments Page
Redline excerpts of the Current Ordinances 3
5-4-1: Discharge of Weapons / Hunting Restrictions
5-4-1: DISCHARGE OF WEAPONS:
A. Definitions: The following definitions shall apply in the interpretation and
enforcement of this section:
BOW: All bows used for target and hunting purposes as regulated and
defined by Minnesota Statutes Chapter 97B. (Amended Ord.
394, 7-6-10)
FIREARM: Means a gun that discharges shot or a projectile by means of an
explosive, a gas, or compressed air. (Amended Ord. 394, 7-6-10)
HANDGUN: A weapon designed to be fired by the use of a single hand
and with an overall length less than 26 inches, or having a
barrel or barrels of a length less than 18 inches in the case of a
shotgun or having a barrel of a length less than 16 inches in the
case of a rifle (1) from which may be fired or ejected one or more
solid projectiles by means of a cartridge or shell or by the action of
an explosive or the igniting of flammable or explosive substances;
or (2) for which the propelling force is a spring, elastic band,
carbon dioxide, air or other gas, or vapor. (Amended Ord. 394, 7-
6-10)
IMMEDIATE
FAMILY: All persons related to the landowner which includes the children,
siblings, grandchildren and their respective spouses. (Amended
Ord. 394, 7-6-10)
RIFLE: A shoulder weapon with a long grooved barrel that uses the energy
of the explosive in a fixed metallic cartridge to fire only a single
projectile (bullet). (Amended Ord. 394, 7-6-10)
SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels which
utilizes gunpowder or any other burning propellant and discharges
more than one projectile at a time, except when using ammunition
containing a single slug or a combination of both a single slug and
shot in the same shotshell. For the purposes of this Ordinance, a
muzzleloader, as regulated by the State of Minnesota, shall be
considered a shotgun. (Amended Ord. 240, 10-6-1998, eff. 1-1-
1999; amd. 2003 Code; Amended Ord. 394, 7-6-10)
B. For the purposes of this Ordinance, except Section D.2., "Firearms" and
"Handguns" do not include a device firing or ejecting a shot measuring .18 of an
5-4-1: Discharge of Weapons / Hunting Restrictions
C�
inch or less in diameter, commonly known as a `BB gun," a scuba gun, a stud
gun or nail gun used in the construction industry or children's pop guns or toys.
Notwithstanding these exceptions, all other state laws and City Ordinances
regarding the use of these items shall apply. (Ord. 394, 7-6-10)
Compliance wWith Provisions: No person shall discharge at any time a firearm
or bow upon or onto any land or property within the city except as provided by
this section.
Prohibited Discharges:
1. No person shall discharge a firearm within five hundred feet (500') of any
residence or a bow within one hundred fifty feet (150') of any residence except
with the permission of the property owner. (Amended Ord. 394, 7-6-10)
2. No person shall discharge a firearm or bow on public property owned or
operated by the city, county, state or school district except as provided in City
Code 5-4-1G. (Amended Ord. 410, 7-6-11)
3. The discharge of a rifle or handgun utilizing a solid projectile shall not be
allowed within the city.
E. Permitted Discharges; Restrictions:
1. Written permission by the property owner shall be given to any person prior
to the discharge of a firearm or bow on his/her property.
2. When recreational target shooting is conducted, the projectile shall be
directed at a target with a backstop of sufficient size, strength and density to
stop and control the projectile. (Amended Ord. 394, 7-6-10)
3. When discharging a firearm or bow, the projectile shall not carry beyond
the property line. (Amended Ord. 240, 10-6-1998, eff. 1-1-1999)
4. All hunting shall be conducted in compliance with the regulations of the
State of Minnesota. (Ord. 394, 7-6-10)
F. Hunting Restrictions and Zones Established: The City of Andover Hunting Map
attached to this Ordinance and on file in the office of the City Clerk shall establish
zones where the discharge of firearms or bows are permitted. Said map and
language contained and stated on the map shall become part of this section. No
discharge of firearms or bows for the purpose of hunting shall be permitted except
in compliance with the regulations of the State of Minnesota, the designated areas
5-4-1: Discharge of Weapons/ Hunting Restrictions
established on the City of Andover Hunting Map, the restrictions of this section
and the following (Ord. 394, 7-6-10):
1. Restricted Zone North:
a) A minimum property size of ten acres is required for the
discharge of firearms for the purpose of hunting or target shooting.
(Ord. 394, 7-6-10)
b) A minimum property size of 2.5 acres is required for the
discharge of a bow for the purpose of hunting or target shooting.
(Ord. 394, 7-6-10)
2. Restricted Zone South:
a) A minimum property size of forty acres is required for the
discharge of firearms for the purpose of hunting deer. (Ord. 394, 7-
6-10)
b) Permit tTo Hunt Deer:
1. Permit Required: An individual annual or seasonal permit
is required by the city for the discharge of firearms for the
purpose of hunting deer with a shotgun (slug only) in
Restricted Zone South. Only landowners or
immediate family members as defined in this
Ordinance are eligible for this permit. (Amended Ord. 240,
10-6-1998, eff. 1-1-1999; amd. 2003 Code; Amended Ord.
394, 7-6-10)
2. Consent oOf Property Owners: A request for such permit
shall be accompanied by written permission from fifty
percent (50%) or more of the adjacent landowners.
3. Conditions oOf Issuance: Such permit shall only be issued
under the terms consistent with this section and all
applicable state and federal laws and regulations concerning
the hunting of deer via firearm and discharge of firearms
shall occur no closer than one-quarter (1/4) mile from any
urban development, park or institutional use. (Amended
5-4-1: Discharge of Weapons / Hunting Restrictions
Ord. 394, 7-6-10)
c) A minimum property size of ten acres is required for the
discharge of firearms for the purpose of hunting geese during Early
Goose Season and waterfowl during the Regular Waterfowl Season
as regulated by the State of Minnesota. (Ord. 394, 7-610)
d) A minimum property size of 2.5 acres is required for the discharge of a
bow for the purpose of hunting or target shooting. (Ord. 394, 7-6-10)
3. Prohibited Zone:
a) The discharge of firearms and bows are prohibited. (Ord. 394, 76-10)
G. Exemptions flirom Provisions:
1. The provisions of this section shall not apply to the discharge of firearms, rifles
or handguns when done in the lawful defense of persons or property. No part of
this section is intended to abridge the constitutional right to keep and bear arms.
2. The City Council may approve an exemption to this section, with reasonable
conditions to protect public health, safety and welfare, to allow the discharge of
firearms and bows for the following (Amended Ord. 410, 7-6-11):
a. For the purpose of managing and controlling wildlife populations,
provided the hunt has received support from the Minnesota
Department of Natural Resources. (Amended Ord. 410, 7-6-11)
b. For target shooting as an accessory use to a retail business or as a
special event or competition. (Amended Ord. 410, 7-6-11)
c. For law enforcement training purposes. (Amended Ord. 410, 7-6-11)
H. Violation; Penalty: Any person who violates any provision of this section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished
according to state law. (Amended Ord. 240, 10-6-1998, eff. 1-1-1999
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12-2-2: Definitions and 12-13-6 Landscaping of Nonresidential Properties - Sight Triangle
12-2-2: DEFINITIONS: The following words and terms, whenever they occur in
this title, are defined as follows:
(excerpts):
SIGHT TRIANGLE: On corner lots (including rural areas), nothing shall be
placed or allowed to grow in such a manner as materially
to impede vision between a height of two and one-half
feet (2'/z') and ten feet (10') above the centerline grades
of the intersecting streets within fifteen feet (15') of the
intersecting street right of way lines. This restriction shall
also apply to the planting of crops and to yard grades that
result in elevations that impede vision within fifteen feet
(15') of any intersecting street right of way lines.
12-13-6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES:
A. Purpose and Intent. The City of Andover recognizes the health, safety, aesthetic,
ecological and economic value of landscaping and screening. The provisions of this
section are intended to:
1. Add visual interest to open spaces and blank facades;
2. Soften dominant building mass;
3. Provide definition for public walkways and open space areas;
4. Ensure significant tree canopy shading to reduce glare and heat
build-up;
5. Improve the visual quality and continuity within and between
developments;
6. Provide screening and mitigation of potential conflicts between
activity areas and more passive areas;
12-2-2: Definitions and 12-13-6 Landscaping of Nonresidential Properties - Sight Triangle
Protect and improve property values;
8. Improve air quality and provide a buffer from air and noise pollution;
9. Enhance the overall aesthetic conditions within the City;
10. Limit sight line obstructions and drainage conflicts;
11. Reduce the potential for criminal and illegal activities; and
12. Prevent conflicts with utilities.
B. Landscape Plans: A landscape plan shall be submitted with any Commercial Site
Plan Application as described in City Code 12-15-2;
C. Minimum Number of Trees and Shrubs. Except for single and two family uses,
development must at a minimum provide the following numbers of trees and
shrubs in addition to any trees and shrubs required for screening in Section 12-13-
5:
1. One tree per 50 lineal feet of site perimeter
2. One shrub per 20 feet of site perimeter
3. One shrub per 10 lineal feet of building perimeter
D. Credit for Existing Trees. Existing healthy deciduous trees greater than four
caliper inches or existing healthy evergreen trees greater than six feet in height
and are not identified on the City's prohibited plant species list may be credited
toward the minimum required trees on a site.
E. Minimum Tree Size. Required trees must meet the following minimum size
standards:
1. Overstory trees must be at least one and one half caliper inches at planting;
2. Single stem ornamental trees must be at least one and one half caliper inches at
planting;
3. Evergreen trees and multi -stem ornamental trees must be at least six feet in
height at planting.
F. Parking Island Landscaping. The following plant material shall be provided in
parking islands without credit toward the minimum number of trees and shrubs
described above:
12-2-2: Definitions and 12-13-6 Landscaping of Nonresidential Properties - Sight Triangle
1. One tree per 180 square feet of parking island area;
2. One shrub per 20 square feet of parking island area.
G. Restrictions. The following restrictions on landscaping and screening apply to
protect the public health, safety and welfare.
Public Easements. Landowners are advised that landscaping features placed in
a public easement may be removed without compensation if it is necessary to
install, replace or maintain a public utility, sidewalk or drainage way within
the easement.
2. Trees, irrigation lines, berms, walls or fences must not be placed in a public
easement where public improvements are located without the written approval
of the Director of Public Works.
Sight Triangle. Landscaping and screening must not interfere with
the e ear :ie•:. -sight triangle as speeified in Seetiens 17.31 and 17.2-9-. as
defined in the City Code.
4. Crime Prevention Through Environmental Design (CPTED). In support of
CPTED principles designed to reduce the fear and incidence of crime and to
improve the quality of life, landscaping must support the objectives of natural
surveillance, territorial reinforcement, access control, and maintenance. These
CPTED objectives are further discussed in the Planning Manager's
Landscaping and Screening Policies and Procedures document.
Fire Hydrant and Utility Clear Zone. The area three feet in radius around all
fire hydrants, fire hose connections and utility boxes must be kept free of any
trees, shrubs or other landscaping feature that could impede access to or use of
the hydrant, fire hose connection or utility box.
H. Administration: The City shall have the authority to adopt and implement
landscaping and screening policies and procedures for the purpose of specifying
landscape plan submittal requirements, establishing surety rates and procedures
and offering landscaping and screening material and design recommendations.
I. Ground cover. All site areas and areas that have been disturbed during
construction must be covered with sod to the property lines and/or adjacent rights-
of-way. Rock and mulch may be substituted for sod in landscaping planting beds
and along the perimeter of buildings. All landscaping planting beds shall provide
a durable edging system. Native plant communities may be re-established in
appropriate portions of the site
Irrigation Required. All required landscape materials shall be irrigated.
12-2-2: Definitions and 12-13-6 Landscaping of Nonresidential Properties - Sight Triangle
K. Material Maintenance. The property owner must maintain all landscaping and
screening materials shown on the approved landscape plan in a manner consistent
with the intent and purpose of the plan and City Code requirements. Approved
landscaping and screening materials that die, become diseased or are significantly
damaged must be replaced at the next appropriate planting period with new
materials in conformance with the approved landscape plan and applicable City
Code standards.
L. Ground Cover Maintenance. Ground cover must be maintained in accordance
with Section 9-10 of this Code.
M. Removal. Unless a modified landscape plan is approved, landscaping and
screening materials and structures approved on a landscape plan must not be
removed except when replaced in accordance with this Section.
N. Surety. To ensure that landscaping and screening are installed as proposed and
survive through at least one full growing season, a landscape performance surety
may be required by the City and when required must be submitted prior to
issuance of building permits for new development where a landscape plan is
required. The surety may consist of a bond, an irrevocable letter of credit, cash
deposit or other instrument that provides an equal performance guarantee to the
City. (Amended Ord. 314 10-4-2005; Amended Ord. 463, 6-21-16
Section 12-13-8-F (6): Off-street Parking Regulations
a. Front yard: Twenty feet (20').
b. Side yard: Ten feet (10') (at least 20 feet if abutting existing or future
right-of-way or if abutting a residential district).
c. Rear yard: Ten feet (10').
The requirements of Subsections F5a, F5b and F5c of this section may be
deleted if, in the City Engineer's opinion, a parking lot is an integral part of a
parking lot on an adjoining parcel of property.
6. In the case of single-family, two-family, townhouse and quadraminium
dwellings, parking shall be prohibited ' between the
street and the front of the principal structure except in designated driveways
leading directly into a garage and one open, surfaced space located contiguous
to the side of a driveway, away from the principal use. Said extra space shall be
surfaced as provided in Subsection E6 of this section. (Amended Ord. 8, 10-21-
1970)
G. Number Of Spaces Required: The following minimum number of off street
parking stalls shall be provided and maintained by ownership for the respective
uses hereinafter set forth:
Type of Use Parking Spaces Required
Auto repair, major bus terminal, taxi
terminal, boats and marine sales and
repair, bottling company, shop for a
trade employing 6 or less people,
garden supply store, building material
sales in structure
Bowling alley
Car wash (in addition to required
stacking spaces):
1. Automatic drive through,
serviced
2. Self-service
8 spaces, plus 1 additional space for
each 800 square feet of floor area over
1,000 square feet
5 spaces for each alley, plus additional
spaces as may be required herein for
related uses contained within the
principal use
10 spaces, or 1 space for each
employee on the maximum shift,
whichever is greater
A minimum of 2 spaces
Section 12-13-22: Interim Performance Standards
A. All structures shall have permanent concrete or treated wood foundations that
will anchor the structure, which comply with the State Building Code as adopted
in Section 9-1-1 of this code and which are solid for the complete circumference
of the house. Except, four -season porches may be constructed without the
permanent foundation, provided the porch does not exceed a maximum
coverage of twenty percent (20%) of the footprint of the habitable portion of the
principal structure.
B. Sixty percent (60%) of a residential structure shall have a minimum width of
twenty-four feet (24'). Width measurements shall not take into account overhangs
or other projections. Such width requirement shall be in addition to the minimum
area per dwelling requirements of Section 12-3-5 of this title.
C. Single-family dwellings other than approved earth sheltered homes shall have at
least a 4:12 roof pitch and shall be covered with shingles or tiles. This
requirement shall not apply to three -season porches, four -season porches,
greenhouses and solariums, provided they meet the State Building Code and are
approved by the Building Official.
D. All single-family dwellings shall have roof overhangs that extend a minimum of
one foot (1') from all the walls of the structure unless the style of the house
dictates otherwise and said plan is approved by the Building Official prior to any
permits being granted.
E. All single-family structures must be built in conformance with Minnesota
statutes sections 327.31 to 327.35 or the State Building Code as adopted in
Section 9-1-1 of this code.
F. Any metal siding upon single-family residential structures shall have horizontal
edges and overlapping sections no wider than twelve inches (12"). Sheet metal
siding shall not be permitted in such districts.
G. All exterior construction, including finish and the final grading, shall be completed
in accordance with plans and specifications within one year following date of
permit issuance. All existing buildings not meeting the provisions of this title shall
comply within one year following adoption of this title. (Amended Ord. 8, 10-21-
1970; amd. 2003 Code)
12-13-22: INTERIM PERFORMANCE STANDARDS:
A. Purpose: Interim performance standards are intended to establish an alternative
level of site improvements for properties located in the rural industrial area
generally referred to as the Hughs/Westview industrial park area. The City
acknowledges that the lack of municipal utilities limits the development potential
of these properties. These performance standards are intended to allow
continued use, expansion and redevelopment with a level of site improvements
Section 12-13-22: Interim Performance Standards
that is commensurate with the development potential of the properties.
B. Applicability and Scope: This section shall apply to any expansion of use
requiring a conditional use permit or commercial site plan on all properties
generally described as the Hughs/Westview industrial park area and legally
described as the southwest quarter of the northwest quarter of Section 16,
Township 32, Range 24, Anoka County, Minnesota and the west half of the west
half of the southeast quarter of the northwest quarter of section 16, Township 32,
Range 24, Anoka County, Minnesota.
C. Procedure: Applications shall be processed under the SeRditienapinterim Use
Permit procedures described in City Code 12-14-12-6 except as follows:
1. Application: The property owner or designee shall submit a complete
application to the Community Development Department. A complete application
consists of the following:
a. A completed Conditional -Interim Use Permit form and fee as described
in City Code 1-7-3.
b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the property, buildings,
parking, landscaping and storage areas and distances from property lines.
c. A letter describing the existing use of the property, the proposed use of
the property and all of the proposed site improvements.
d. Other information deemed necessary by staff to review the request.
2. Council Determination: The City Council shall approve or deny the application
based on the factors established in this section. The City Council may attach
such conditions as they determine necessary to provide the appropriate level of
site and building improvements to accomplish the purpose of this section. The
level of required improvements shall be determined on a case-by-case basis.
Applications shall be reviewed based on the following factors:
a. Existing appearance of the building and site;
b. Compatibility of the proposed site development plan with the other
industrial properties in the area;
c. Effect of the proposed use and the proposed site development plan on
the adjacent residential neighborhood, including traffic, noise, glare,
buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the following
Section 12-13-22: Interim Performance Standards
areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested as a
part of any Genditieaal Interim Use Permit.
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal, as the City Council
may deem relevant.
E. Term of Approval: Interim performance standards approved under this section
shall not be subject to the five-year maximum term as noted in City Code Section
12-14-12 (E) (1) and may continue eadare until City sewer and water are
extended into the area affected by this section. At that time, any future
expansion or redevelopment of the affected properties shall be required to fully
conform to the regular performance standards of City Code 12-13.
Other Requirements: Proposed improvements or changes in use will be reviewed
by the Building Official and Fire Chief. They will make a determination of
whether or not the building(s) on the site need to be brought into compliance with
applicable building and fire codes. Site improvements must also be made to
meet the requirements of the National Pollutant Discharge Elimination System
(NPDES). No portion of this section shall be used to vary from these
requirements. (Amended 9/18/07; Ord. 353)