HomeMy WebLinkAboutOrd. 233 - Dogs & Cats
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233
An Ordinance repealing Ordinance No. 53 adopted February 17, 1981; Ordinance No. 53A adopted December
1,1981; Ordinance No. 53B adopted June 21,1988; Ordinance No. 53C adopted September 20,988; Ordinance
No. 53D adopted December 19, 1989; Ordinance No. 53E adopted April 18, 1995; Ordinance No. 53F adopted
July 18, 1995 and Ordinance No. 53G adopted July 2,1996.
AN ORDINAt"\fCE LICENSING AND REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING
FOR IMPOUNDMENT OF CERTAIN DOGS AND CATS, AND PROVIDING PENAL TIES FOR
VIOLATION.
The City Council of the City of Andover does hereby ordain as follows:
Section 1. Ddinitions.
,4nimal 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 ordinance.
Biting Dog Any dog which, without being provoked, has bitten, scratched, or cau.sed other injury
or threatens such injury to a pcrson or another domestic animal, under circumstances
where, at the time of the threat of attack, the person or domestic animal was la'wfully on
the premises upon which the victim was legally entitled to be, or the victim was on the
premises owned or controlled by the o\vner of the dog, at the express or impiied
invitation of the owner, is a biting dog.
DOfLEnclosure an enclosure (of sufficient size) constructed for shutting in or enclosing dogs.
Enclosure shall be surrounded and covered with fencing material of at least six (6)
feet in height and of sufficient gauge to insure the dogs' confinement. A cement pad
of four (4") inches thick shall be present that covers the inside and perimeter cfthe
enclosure.
Kennel; Commercial Any place where a person accepts dogs from the 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 (fencing of sufficient
height) or dog enclosure(s) present to prevent the running at large or escape of dogs
confined therein.
Kennel; Private A place where more than three (3) and not more than six (6) 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 (fencing of sufficient height) or dog enclosure( s) present to prevent.
the running at large or escape of dogs confined therein.
Nuis.s!:!:Kfl. It shall be considered a nuisance for any animal to run at large; to habitually or frequently
bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to
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chase vehicles; to molest or annoy any person if such person is not on the property of the
owner or custodian of the animal; to molest, defile, destroy any property, public or
private; or 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 ordinance.
Owner
Any person, firm, partnership or corporation owning, harboring, or keeping dog(s) or
cat(s).
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 a responsible person and under that person's effective control.
Section 2.
License Reauired.
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 Jiceuse shall be issued to any person other than the owner except upon the
~Titten request of cwner. Applications for license shall be rnade 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.
Section 3.
Requirements for l,icense.
The license shall expire on the 31 st day of May in each odd numbered yem' and shaH be issued only upon
payment of the license fee as set by City Council resolution.
All licenses issued for a period of less than two (2) years shall be pro rated on an annual basis.
Every application for a license shall be accompanied by a certificate from a qualified veterinm'ian 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 which 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.
Section 4.
Restrictions on the Number of DOf!s/Cats.
No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in anyone
family residence unit or place of business except pursuant to Section 18.
No person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in anyone
family residence unit or place of business that is located on a parcel of land three (3) acres or less.
Section 5.
Runninf! At-Larf!e Prohibited.
No dog or cat shall be permitted to run at large within the limits of this City.
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Running loose on the owner's property, or property under the owner's control, will not be considered running at
large ifthe dog or cat is under the control of a responsible person.
Section 6.
DOf!s/Cats on Leash.
The restriction imposed by Section 5 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 a responsible person or accompanied by and
under the control and direction of a responsible person so as to be as 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.
Section 7.
Oblif!ation 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 a.'1imal from committing an act of
nuisance shall be subjcct to the penalty hereinafter provided.
It shall be considered a nuisance for any animal to habitually or frequently bark or cry; to frequent school
grounds, parks, or public beaches while unrestrained; 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; to molest, defile, destroy any property,
public or private; or to leave excrement on any property, public or private.
Section 8.
Impoundment.
Unrestrained dogs and cats may be taken by any officer as herein before defined and impounded in an animal
shelter and there confined in a hunlane manner. Impounded dogs and cats shall be kept for not less than five (5)
regular business days ul11ess reclaimed prior to that time by their owner as provided hereafter.
Section 9.
Notice ofImuoundment.
Upon taking up and impounding any dog or cat, the Poundmaster shall within one (1) day thereafter have posted
in the City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG/CAT:
Date
,19_
To Whom it May Concern:
We have this day taken up and impounded in the pound of the City at
dog/cat answering the following description: Sex _Color
Approximate Age Name of Owner (if known)
,a
Breed
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Notice is hereby given that unless said dog/cat is claimed and redeemed on or before
o'Clock_.m., on the day of ,19_, the same will be sold
or humanely destroyed as provided by ordinance.
Signed:
PoundmasterlCity Official
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.
The date of sale or humane destruction of the dog or cat shall be the 6th day after posting of the notice or giving
notic~ 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.
Section 10. RedemDtion.
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 City Council resolution. Notwithstanding this Section, the owner shall remain subject
to all penalties contained in this ordinance.
Section 11. DisDosition of Unclaimed Do!!s and Cats.
Any dog or cat which is not claimed as provided in Section 9, within five (5) days, after posting of the
impoundment notice, maybe sold for not less than the expenses incurred for impoundment, if not requested by a
licensed educational or scientitic institution tmder Minnesota State law. All sums received from the sale of dogs
or cats under this Section shall be deposited into the General Fund of the City. 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 Poundmaster.
Section 12. Permissible Return of Unrestrained Do!!s and Cats.
Notwithstanding the provisions of Section 8, 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 ordinance.
Section 13. Owner Obli!!ation for ProDer Care.
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.
Section 14. Mistreatment of DOllS and Cats.
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.
Section 15. Muzzlin!! Proclamation.
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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.
Section 16. Classification of a Bitin!! Do!!.
In the event that a complaint is received that an attack or the threat of an attack has occurred which, in the
judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog as a
biting dog under this ordinance, the City Clerk shall place the issue on the next available agenda of the City
Council, and shall notifY the owner of the dog, in writing, of the time and place of the Council meeting at which
the matter will be heard. The notice shall inform the owner that a request has been made to classify the dog as a
biting dog, 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 as a biting dog. Such a determination shall be made
upon the basis ofwbether or not the criteria as found in the definition of the term "biting dog" have been met.
No variances shall be permitted from the strict terms of said definition. In the event a dog is classified as a
"biting dog", the following procedures shall be implemented:
I) The owner of the dog shall be notified, in writing, by certified mail or through personal delivery of
correspondence, that the dog has been classified as a "biting dog", and shall be furnished with a copy of
the resolution.
2) If the dog 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. Ifthe dog is not impounded, the owner shall be notified that the dog's 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, or makes the dog 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 classified as "biting dogs" indexed under
the owner's name.
4) The owner of the dog shall be notified that said dog shall be leashed, kenneled or otherwise contained
at all times.
Additional Attacks. If a dog already classified as a "biting dog" threatens or commits another attack under
circumstances which would qualify the classification of the dog as a "biting dog" a second time, the following
procedures and sanctions shall apply:
I) Upon receipt of such a complaint, the City Clerk shall cause the issue to be placed upon the next
available agenda of the City Council. Notice shall be sent to the owner of the dog, by certified mail or
personal delivery, requesting that the owner appear at the City Council meeting, to show cause why
the dog should not be classified as a nuisance and dealt with accordingly.
2) At its next available Council meeting, the City Council shall hear the facts as presented by all
interested parties, and shall, at that time, make a determination as to whether or not the dog shall be
classified as a nuisance. The City Council shall classify the dog as a nuisance if it finds that the second
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attack occurred under circumstances which would qualify the dog for classification as a "biting dog" as
defined in this ordinance.
3) If a dog is classified as a nuisance, the owner shall be notified, in writing, by certified mail or
personal delivery, that the dog has been classified as a nuisance, and the owner shall further be notified
that the dog must either be destroyed or removed from the City limits of the City of Andover,
permanently, within forty-eight (48) hours after receipt of the notice. The owner shall further be notified
that the dog's license has been revoked permanently.
Violations. Any person who owns, keeps, harbors, or is in actual physical control of a dog which has been
declared a nuisance shall be in violation of this ordinance.
Any person who owns, keeps or harbors, or is in actual physical control of any dog within the corporate limits
of the City of Andover, for any period of time, which dog has had its license revoked, shall be in violation of
this ordinance.
Nothing in this ordinance, nor t.lJ.e enactment of any of the 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 ordinance, and the fact that the City may be pursuing classification of a dog under this
ordinance shall not prevent or prohibit the prosecution at the same time of an owner of a dog for permitting a
dog to run at large under facts arising from the same occurrence as that which generated the classification
procedures. The classification procedure shall be in addition to, and not in place of, criminal prosecution under
other portions of this or other ordinances.
Whenever any owner of a dog shall learn that such dog has bitten, attacked, or threatened any human being or
other domestic animal, such owner shall imnlediately impound said dog in a place of confinement where it
cannot escape or have access to any human being or other animal, and shall also immediately notify any peace
officer, dog catcher, or other person authorized by the City Council. Whenever such authorized person, peace
officer or dog catcher shallleam that any human being has been bitten by any dog within the City, helshe shall
ascertain the identity of such dog and the persons who might meet the definition of owner as found elsewhere in
this ordinance, and shall imrilediately direct such person to forthwith impound such dog as required herein. If,
in the opinion of such peace officer, dog catcher, or other authorized person the owner of such a dog cannot, or
will not, so impound the dog, such peace officer, dog catcher, or other authorized person, shall transport such
dog to the pound under contract to the City. Any dog so impounded shall be kept continuously confined for a
period of fourteen (14) days from the day the dog bit a human being. The cost of such impounding and
confinement shall be borne by the owner of the dog, if such owner be found, which costs shall be as stated for
impounding and confinement elsewhere in this ordinance.
Upon learning that a dog has bitten a human being, the peace officer, dog catcher, or other authorized person,
shall immediately notify the City Health Officer, and inform himlher of the place where the dog is impounded.
It shall be the duty of the City Health Officer to inspect said dog from time to time during its period of fourteen
(14) days confinement, and to determine whether or not such dog may be infected with rabies. For this purpose,
helshe shall have access to the premises where such dog is kept at all reasonable hours, and may take possession
of the dog and confine it at such place as helshe deems appropriate, at the expense of the owner.
If an owner has impounded a dog pursuant to the request of a peace officer, dog catcher, or other authorized
person, the owner shall promptly transport said dog to the pound under contract to the City for the purposes -
stated above. If the owner refuses to do so, and refuses to allow the peace officer, dog catcher or other
authorized person to transport the dog to the contract pound, the owner shall be in violation of this ordinance.
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Iniunctive Relief. In addition to the criminal sanctions provided above, in the event that any dog is declared a
nuisance, and such dog is not either destroyed or removed from the City limits of the City of Andover within
forty-eight (48) hours after receipt of the notice of Declaration of Nuisance, the City shall, in addition and not in
place of any criminal remedies, have a civil remedy of injunctive relief, and may apply to the Court of
competent jurisdiction for an order compelling the destruction or removal of said dog from the corporate limits
of the City of Andover.
Section 17. Summarv Destruction of Certain Does.
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.
Section 18. Kennel Licenses.
No person, fmn or corporation shall operate or maintain a commercial or:privatekennel without first securing a
kennel license therefore from the City Council and meeting the criteria as set forth in this ordinance and/or
Zoning Ordinance. Application for a kennel license shall be made on fonns 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 stateso.
3. The maximum number of dogs to be kept on the premises.
4. The location, size, and height of dog enclosure(s), 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.
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.
The City Council may impose additional requirements to be stated in the application or more restrictive
requirements than those listed above (1-8) to protect the health, safety, general welfare and morals of the general
public.
Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee.
The license fee shall be as set by City Council resolution. The City Clerk shall refer private kennel license
applications to the City Council and commercial kennel license applications to the Planning and Zoning
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Commission as set forth in the Zoning Ordinance. In both cases, the City Council may grant or deny the
license.
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. The annual license fee shall be as set by City
Council resolution. The City Council shall review and approve all license renewal applications provided no
revocation of the license is made as specified in Section 21.
Section 19. Private Kennel Licenses.
A private kennel license can only be issued in R-1, Single Family Rural Zoning Districts and shall not be issued
unless abutting property owners have been given notice of the proposed application and a reasonable
opportunity to comment on the application unless the applicant's property is three hundred (300) feet or more
from any structure.
Section 20. Commercial Kennel Licenses,
A commercial kennel license shall not be issued unless a Special Use Permit has been granted by the City
COlL.'1cil in accordance with Zoning Ordinance.
Section 21. License Revocation.
Any kennel license may be revoked by the City Council by reason of any violation of this ordinance or by
reason of any other health or nuisance ordinance, order, law or.regulation~
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 'vvritingfive (5) days prior to said
meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard.
A commercial kennel license may be revoked by the City Council by the procedure established and defined in
the Zoning Ordinance.
Section 22. Kennel Rel!ulations.
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 ordinance,
or any health or sanitary regulation of the City, at all reasonable times.
Section 23. DOl! Enclosures.
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.
1)
Screening:
Dog enclosures must be screened from view of adjacent property.
2) Placement: A dog enclosure shall not be placed closer than forty (40) feet from an adjacent
residential dwelling or principal structure and at least ten (10) feet 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 p}aced in the sideyard.
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3) 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.
4) Applicability of Section: This Section shall be applicable to all dog enclosures constructed after July
18, 1995. Any pre-existing dog enclosure that the City receives a complaint on which 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 notice of compliance being given by the City Administrator or their duly
authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be
violation of this ordinance.
Section 24. Anpointment of Officers.
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 ordinance. Such persons shall have police powers insofar as is necessary
to enforce this ordinance, and no person shall interfere with, hinder; or molest them in the exercise of such
powers.
Section 25. Non-Residents.
The Sections of this ordinance requiring a license shall not apply to non-residents 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.
Section 26. . Citations.
The a!limal control officer, or hislher designee, shall be authorized to issue citations for violations of this
ordinance.
Section 27. Penalty.
Any person who shall violate any provision ofthis ordinance shall be guilty ofa misdemeanor, and upon
conviction thereof shall be punished as defined by State law.
Adopted by the City Council of the City of Andover on this 4th day of November, 1997.
ATTEST:
CITY OF ANDOVER
,dLu M~
Victoria V olk, City Clerk
, t. We-
. E. McKelvey, May
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233A
AN ORDINANCE AMENDING ORDINANCE NO. 233 - AN ORDINANCE
REGlJLA TING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
IMPOUND1v1ENT OF CERTAIN DOGS AND CATS, PROVIDlNG FOR THE
CLASSIFICATION OF DANGEROUS DOGS/CATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENAL TIES FOR
VIOLATION.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Definitions.
Dangerous Dog/Cat
Anv dog/cat that has (1 ) without provocation. inflicted
substantial bodily harm on a human geing on pub Ii!; or
12rivate property: or (2) without provocation killed or
int1icted substantial bodily harm on a domestic animal.
while off the owner's property: or (3)been found
potentially dangerous, and after the owner has noticed_
that the dog/cat is potentiallv dangerous, the dog:!cat
aggressively bites, attacks, or endangers the safety of
humans or domestic animals.
Nuisance
It shall be considered a nuisance for any animal: to
bite, attack or endanger the safety of humans or
domestic animals; to run at large; to habitually or
frequently bark or cry; to frequent school b'Tounds;
parks, or public beaches while unrestrained; 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; to molest, defile, destroy any property,
public or private; or to leave excrement on any
property, public or private.
Section 5, Violations. RHRRiRg .A~t Large Prahihited.
No dog or eat shall be permitted te 11:18 at large ',vit1:J.in the lim.its of t1:J.is City.
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Ruooing leese ea the ElWFHlr's property, or property Hader the e\,.ner's eoRtml, 'Nill
aElt ee eoasidered mooing at large if the GElg Ell.' eat is under the cElRtml ef a
responsible persan.
No dog/cat shall be permitted ta be a nuisance within the limits of the City of
Andover. Any persan who owns. keeps. harbors or is in physical contral of a
dag/cat which is a nuisance shall be in violation of this Ordinance. Any person.
owns. keeps ar harbars ar is in physical custody of any dog/cat within the City of
Andover. for any periad oftime. which dog/cat has had its license revoked. shall
be in violation of this Ordinance.
Section 7. Oblieation 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.
It shall be oonsidered a nuisam:e for any animal ta habitl:lally I3f freC}:l:lentIy eark or
cry; to 1T@EjUent schoolgraunds, parks, ar pHblic beaches while Hnrestrained; to
~sevehich~s; to--ulOlestor annoy any personifsueh person is net on theprope~
of the owner 8fi'ustodian ofthe~@&t,-defiI6, destroy any pro~
~private; or to leave excrement on any property, public or pd'late.
Section 8. Impoundments.
Unrestrained dogs and cats may be taken by any officers as herein before defined
and impounded in an animal shelter and there confined in a humane mamler.
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.
Whenever any owner of a doglcat shallleam 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 anv other human being or animal. and it shall also
immediately notifY any peace officer. doglcat 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
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meet the definition of owner as found elsewhere in this Ordinance, and shall
immediatelv 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 Citv. Anv dog/cat so impounded shall
be kept continuously confined for a period of fourteen (14) days from the day the
90g/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 impounding and confinement elsewhere in this Ordinance.
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 hiwher of the place where the dog/cat is impouIlded. It shall
Q~ 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 mav be infected with rabies. For this purpose. helshe shall have
access to the premises where such dog/cat is kept at all reasonable hours, and may
take possession of the doglcat and confine it at such place as he/she deems
flPpropriate. at the expense of the owner.
Ifan owner has impounded a dog/cat pursuant to the request of a peace officer...
dog/cat catcher. or other authorized person, the owner sh1!.li..Qromptly transport said
QQ..g/cat to the pound under contract to the City for the purposes stated above. If
the owner refuse.s to do so, and refuses to allow a peace officer. dog/cat catcher or
other authorized ~rson to transport the dog/cat to the contract pound. the owner
shall be in violation of this Ordinance.
Section 16. Classification of a BitiH& De!:: Dan~erous Dog/Cat.
In the event that a complaint is received that an attaek or t.fi8 threat of an attaek has
0eeurred which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog/cat as a biting dog dangerous
dog/cat under this Ordinance, 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 will shall
be heard. The notice shall inform the owner that a request has been made to
classify the dog/cat as a bitiag a0g 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 dogLcat as a bitiRg a0g
dangerous dog/cat. Such a determination shall be made upon the basis of whether
3
or not the criteria as found in the definition of the term "bitiag €log" "dangerous
dog/cat" have been met. No variances shall be permitted from the strict terms of
the definition. In the event a dog/cat is classified as a "bitiag dog" "dangerous
dog/cat" the following shall be ifRi3lemeRted mmlY:
1) The owner of the dogLcat shall be notified in writing and by certified
mail or through personal deli'lel')' ef eerreS}30aaeRee service, that the
dog/cat has been classified as a "biting dog" dangerous dog/cat" and
shall be furnished with a copy of the resolution.
22 If the dog/cat was impounded, and photographs or other identifying
characteristics obtained, such photographs or other identifying
material 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(s)'/cat(s)' 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 doglcat available for the taking of photograph
by City staff for an insertion in the permanent files.
3) The City Clerk shall maintain a permanent file of all dogs/cat~
classified as "biting dogs:':' "dangerous dogs/cats~' indexed under the
owner's name.
41 The ov:ner of the dog shall be notified tha-t said dog shallee lea-shed;
kenneled or otherv:ise eORtainea at all times.
11 No person may own a "dangerous dog/cat" in the City of Andover
unless the owner complies with this section. Compliance with the
registration requirement of Minnesota Statute 347.51 shall constitute
compliance with this ordinance. The owner of the dangerous dog/cat
must present sufficient evidence that:
a. A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a clearlv visible warning sign,
including a warning symbol to inform children that there is a
dangerous dog on the property: and
Q. A surety bond issued by a surety company authorized to
conduct business in the State of Minnesota in a form
acceptable bv the Citv of Andover in the sum of at least
4
$50.000.00. payable to any person injured by the dangerous
dog/cat. or a policy ofliability insurance issued by an
insurance company authorized to conduct business in the
State of Minnesota in the amount of at least $50.000.00,
insuring the owner of any personal injuries inflicted bv the
dangerous dog/cat. The requirements for the warning sign or
warning symbol shall be those as set forth in Minnesota
Statute 347.51.
o 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 person. The
muzzle must be made in a mamler 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 yision or
respiration.
d) The animal control authority for the CJ!ys>f Andover shall
immediately seize anv "dangerous dog/cat" if. 0) after
fourteen (14) days after the owner has noticed that the dog/cat
has been declared a "dangerous dog/cat" the dog/cat is not
validlv registered as set forth herein; (2) after fourteen..l..H}
days after the owner has noticed 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 ordinance; (3) the dog/cat is not maintail}ed in the Droner
enclosure; or (4) the dog/cat is outside the proper enclosure
and not under physical restraint of a responsible person.
il The following are exceptions to the dangerous dog/cat classification:
ill The provisions of this section do not apply to "danlZerous
dogs/cats" used bv law enforcement officials for official
work.
III Dogs/cats may not be declared danlZerous if the threat. iniury.
or damalZe was sustained by a person (1 ) who was committing
a willful trespass or other tort upon the premises occupied bv
the owner of the dog/cat; (2) who was provoking. tormenting,
5
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.
Q} Nothing in this Ordinance. nor the enactment of anv other
procedures herein enumerated, shall be deemed to limit, alter, or
impair the right of the City or anv person to seek enforcement
through criminal prosecution of any violation of this Ordinance, and
the fact the City may be pursuing classification of a dog/cat under
this Ordinance shall prevent or prohibit the prosecution at the same
time of an owner of a dog/cat for violation of the Ordinance 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 or other Ordinance.
~liditi9Ral }.~ttaell'S. If a dog already elassifisd as a "Biting dog" threatens or eommitG
another attack ooder eirel:HTlstances which '.veuld EttIalify the elassifieaticlFl ofilie dog as a
:!biting dog" a seeond time, the f~llowiB.g preeedl:tfes and sanctions shall apply:
B Upon receipt ef slieh a eomplaiat, the City Clerk shall eal:lse the issue to be plased
Hflffil4l:l€-neKt il-'iailable agenda ofths City Couneil. trotiee shall be sem to the
O\w.ler of the Geg, by eertitied mailer personal dsliyef)', requesting that the ewner
appsar at the City Council meeting, to show Cal:lse 'Nhy the dog shol:lld Hot be
eklssified as a nl:lisance ai'ld dsalt with acesrdingly.
;b) }\.t its ~t ayailable Couaeil meeting, the City Cooocil shall hear the fasts as
presel'lted by all interested parties, and shall, at that time, make a determin.ation. as
tEl whether or Hot the deg Bhall be elassifiea as a Ruisanee. The Car C<:nrn.eil shall
olassify the deg as a nl:lisanee if it finds that the second attack seelHTed l:Iflder
sirs1:rn1stanoes whish w01ald qualify the deg fer slassificatien as a "bitin.g clog" as
defined in this erdinUHee.
J.) If a esg is elassifiee as a nuisanse, the ewner shall be notified, in v.TitiRg, by
eertified mail er flersonal eeli\<ef)', that the deg has seen e1assified as a nuisanse,
and the owner shall further be Fletified that the dog must either se destreyed or
removed freffi the City limits efthe City of !.RdO'ier, permanently, ':lithin f~rty
eight (48) hems after reseipt ef the Fletice. The ovmer shall furt1::ler be netified
that the deg's license has been re'iekee permaneffily.
Vi9lati9RS. "^.>>j' flerson VfflO OWflS, kesfls, harbors, er is in actual flR-ysical eoatrel of a
dsg whieh has seen declared a nuisanee shall be in vielatioR of this erdiFlanee.
6
^ey
. ~ 13ersea ma
the .. . e eWHS, kee13s or be' ,
. eOlJlerate lImits of tbe' ar ers, er IS Ia aetllal fl"
lIeeRse re':ekea, shall be iR~I'~~le~:^.ndO':er, fer aR3' peri~d) :~~~l santr~l ef any aeg within
. . , ". ,fjh~ ".."""'.. ""', wln,H,"... """"'
NotmRg ia this e d'
a r 11'I.anee a ta
s allae aeemea te limit ' or ~ 6Raetmeat ef an ' of t
e1'l.foreemeat threllgb eri~~te~ or IFRflair the right a} tbe ~~treeedl:lres herela effilll'l.eFated
""" !he C.,. ..." b. . '.00 ...."oue.. ,[ """ ",1,,. '" "'" '''''0. to "ok '
~ .. I:lfSI:lm.g ela'H' . lea ef~' a'
re . eat ar flrahl13lt th . SSI eat10a Elf a aeg d . IS or IFlanse, ana the fI
00' to om " I"", ..~"-?~ '" th. "." ""'" 0';' ","" '....8OBe. ohoIlBOt eet
the elassifieatioR r asts arlsmg from the sa an 0 .:Her ef a cleg for erm' .
;. plee. of, ,,-=;.~:.:' ~""'iIi","'. .,:,::""":: : """ Wld~: ."=~ '
un er other pertioRs of this e m aa~ltlOFl te,ana Bot
Whene,,'er any owner Elf a or ether ardmanees.
any ~an-being or other ;Elg sh~lllearn that sl:leh do~ ha .
dog 1R a plaee of eonfineme:m.~:IC ~Rlal, sueho'NR:r sh:~I7e1'l., a;aekea, er threatened
ef-~imal, and shall :. ere It eal:U!.0t esse. e 0 mme latelyimp0lilld saia
:"". _OR"'S by the c't:; ~~",~y .olily ::'y;:'::' ,';'" " nay ....... b,;~
~;t::;ro~~;::. ~~~~:~~v:. ,::.::::i:;::.~~:::o';',"
. ""',. ,[ ,w,""" [""". 1 'R",>, or.."" <log oo<l!he ) .." 00' ""_!he
au,b ''''''0 to .,""_... :. ":.~... iB t/U, ".;0'."', ..;.""!:':- RdgIR ...e1lhe '
;:;:" ,mo", "-"'01''',':: 0':. "K~ de.", ...,..;res ."".: :f .,,,":,a."'.1r dH".
Rot, so ImpOlilld the a "' r all! enzed personthp ... ' 11'1. t e 0fHFllOR af S'Hen
shall transport ~meh dog, ~uch peCK~@ offissr do .' ~ 0 . mer of such adElg ec...-Jl. t
~'::b:" k:,"_RU:;'~ :::::::r. .-. ,...:- ~:::.~;;' :~ see"'";,,s .:;;:~
the .w:. ::. :;:"'. Th, ,,", .he:: ::::;:en... (14) ..,;, ~';.':,:::~s'd
............ ..s 00;;"[ "".k "'''''''' b. .,....., wh..a" ... ..n_ .ooJ1 ,. b~... he, '
nemeat elsewhere il1this a' €El!Jts shall be as stated for e)
y or maBe@
pOR learniag that e d' .
o!her aHtherized 13ersa:g has ~I1:teR a human beieg, t-he
~" ,r tho pia" wk~:::,:",odrotoIY ..tify tho C:;";;:::~''', sag ''''ok", "
He@r to IRspest saia clElg :5 o.g IS Impal:lnaea. It shall b th t Offieer, ana infarm
'0."_"" ..... " sol, ....... ..."', "'". ...... it, . · , doty .r tho C.,. H,oj"
thIS pl:llflose, he/she shall~I~e \\11ether or Flet saell aog ~en~~ o~ faurteeR (14) aays
",:".nnbl. he"", ........ ' "., 0""" to th, ._,", ",,';' ""',,,'s wi" ""00, Fm
he. she aeems aflprOpria:te~ take passessiafl. afthe aEl ~ d re sl:10h ~ag is kept at all
, at the e)cpease afth .. g a eoFlfiR@ It at sueh I
Ir " ....."', · no, "'
aB e"'E: a '
.. er as Impal:1Fldea
or ether al:HRerizea perSOR a deg pl:H'Sl:1aat to 1:he reqHest 0
~::::~:-.~ ~~;'~':=I':'i::":::~' ':~~".b:':,="""
og ta tHe eoatrast pElI:lRd th eer, aog eateller or atHer al:Hh . 0 'd'Tier refuses ta eo sa and
, e OV:Re a II' enze ~ '
r s a be 1R "ioler f' erSOR to transport th
1011 0 thIS areiRaBse. e
7
IBjYBetive Relief. IR aclEiitiaR to t.J3.e srimiaal saastieBs prayide€l al3a'ie, in the eveHt that
aBY dog is aeelarea a Buisaase, aaa sash €lag is Bat either destroyea or remoyea frem the
City limits af tae City af }\ndever '.':ithiB fefty eight (18) heurs after reeeipt af the Betiee
ofDeslaratiaB afNaisaase, the CitJ, shall, in aaditiaB and net iB plase af any eriminal
remedies, ew:e a ei':il remedy of iRjHnetiye relief, anEi may apply to the Caurt of
6 OffiFIeteHt jurisdietioR far an arcler eompelliag the clestmetioR ar rem.o'.'al of said aog
from the eOlJlaFate limits ofilie City af .'\naaver.
Section 27. Nuisances Subject to Abatement. Peaalt)'.
Nuisances Subject to Abatement. The following are declared nuisances subject to
immediate abatement by a resolution of the City Council:
D Any dog/cat that has without provocation inflicted substantial bodilv harm
as defined by Minnesota Statute 609. 02,. Subdivision 7a, on any nerson: or
2) Any dog/cat that has engaged in conduct resulting in three (3) or more
established violations of this ordinance for nuisance. An "established
violation" is anv violation for nuisance declared as "established" by the
City CounciL or which results in a conviction in a court of competent
jurisdiction: or
1) Any established violation of this .ordinancefornuisance preceded bya
declaration by the City Council, based upon a prior incident, that the
dog/cat is a "dangerous slog/cat" as defined by this ordinance.
Procedure for Abatement. Upon determination bv the City Clerk of the existence
of a nuisance subject to abatement as set forth above, the Cij:y Clerk shall place the
matt?r on tlle agenda for the next regular meeting of the City Council for public
hearing and abatement consideration. Notice of the heari_ng and a copy of this
ordinance shall be provided to the owner( s) of the dog(s)! cat( s) by regular mail not
later than seven (7) days prior to the hearing. The City Clerk may also notify other
concerned or interested parties.
Hearing for Abatement. Upon application and notice set forth above, a public
hearing shall be held before the City Council. The owner( s) 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.
8
Order for Abatement. The Citv Council may. in its discretion. approve or
disapprove the application for abatement. If approved. the City Council may order
anv of the following:
D The dog(s)/cat(s) be forthwith confiscated and destroved 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.
21 The dog(s)/cat(s) be removed permanentlv from the City limits of the
City of Andover within forty-eight (48) hours of notice of the order.
The dog(s)'/cat(s)' license shall be permanently revoked.
1) Should the owner fail to complYFith the order to abate. the City. in
addition to any other legal remedy. shall have the civil remedy of
iniunctive relief and mav apply to a court of competent jurisdiction
for an order compelling compliance with the abatement order. '
Section 28 Penalty,
Any person who shall violated any provision of this ordinance shall be gllilty of],
misdemeanor. and upon conviction thereof shall be punished as defined by state
law.
All other portions of these sections and all other sections of this ordinance shall
remain as written and adopted by the City Council.
Adopted by the City Council of the City of Andover on this 19th day of May,
1998.
ATTEST:
CITY OF MTDOVER
~d~
Victoria V olk, City Clerk
~. r. fnv-I!ob-
. . E. McKelvey, Mayor
9
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233A SUMMARY
AN ORDINANCE AMENDING ORDINANCE NO. 233 - AN ORDINANCE
REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
IMPOUNDMENT OF CERTAIN DOGS AND CATS, PROVIDING FOR THE
CLASSIFICATION OF DANGEROUS DOGSICATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENAL TIES FOR VIOLATION.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900,
and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
Policy
The purpose of this ordinance amendment authorizes the City Council to order the
abatement of dogs and cats that are chronic nuisances. Nuisances by dogs and cats are
subject to abatement by the City Council and the procedure for abatement. The City
Council is given the authority to order the removal or destruction of dog(s)/cat(s) in the
following situation: any doglcat that has inflicted substantial bodily harm regardless of
prior history, any dog/cat that has a history of three (3) established nuisance violations,
and any dog/cat declared to be a dangerous doglcat as defined by the ordinance that has a
further nuisance violation. The City Clerk would place the matter on the City Council
agenda for a hearing by the Council to determine whether or not the doglcat should be
destroyed or removed from the City.
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Council shall have the authority to enforce the provisions of this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
Abrogation and Greater Restrictions
It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement,
covenants or deed restrictions. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail. All other ordinances and
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency
only.
A printed copy of this ordinance is available for inspection by any person during regular
office hours of the City Clerk and at the Andover Branch of the Anoka County Library.
Adopted by the City Council of the City of Andover on this 2nd day of June 1998.
ATTEST:
CITY OF At"\[DOVER
d;z;~ I~
Victoria V olk, City Clerk
, r;. !J1e--
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233B
AN ORDINA.l\JCE AMENDING ORDINANCE NO. 233 - AN ORDINANCE
REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
IMPOUNDMENT OF CERTAIN DOGS AND CATS, PROVIDING FOR THE
CLASSIFICATION OF DANGEROUS DOGS/CATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENALTIES FOR
VIOLA TIOl,T.
The City Council of the City of Andover hereby ordains as follows;
Section 1. Definitions.
Potentially Danger:.ous Dog/Cat A'lY dog/cat that: (1) when unprovoked,
inflicts bit~s on a human or domestic animal on public or private property: (2) .
y>'hen unp-rovok;ed. chases or aJm[.oaches al2fl'son. ip.clqding.,a person, including a
,Q~rson on a bicycle, upon the streets. sidewalks, or an-Y-ill!blic or private property,
other than the dqg's!cat's owner's prcmerty,.in an apparent attitu4e of attack.;".9r.ill
has a k.'lown propensitv. tendency, or disposition to attackunorovokcd; causing
iniury othenvise threatening the safety of humans or domestic animals.
Section 16. Classific~tion oCa Dangerous Dog/Cat and Potentiallv
Dangerous Dog/Cat.
In the event that a complaint is received which. in the iudgment of the City CierI\,
Sheriffs Deputy. Animal Control Officer. or other duly authorized per~QJb
occurred under cir~umstanc~s which would iustify the classification of the dog/cat
~s "potentially dangerous~~ under this ordinance. the City Clerk shall notify the
owner of the doo/cat. in writing. that the dog/cat has been classified as "potentially
dangerous" under this ordinance. Said ordinance shall further notify the owner
that should the dog/cat again aggressively bite. attack. or otherwise ~ndanger the
safety of humans or domestic animals, the City may declare the dog to be a
"dangerous dol!lcat" and be subiect to the restrictions thereon, including
abatement. Said authorization shall forward a copy of the notice of "pot enti all v
dangerous doglcat" to the City Clerk.
1
All other portions of these sections and all other sections of this ordinance shall
remain as written and adopted by the City Council.
Adopted by the City Council of the City of Andover on this 22nd day of
September, 1998.
ATTEST:
CITY OF ANDOVER
~ !db
Victoria Volk, City Clerk
O. F. mt--%ef'L
tf.- E. McKelvey, M~
2
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233C
AN ORDINANCE AMENDING ORDINANCE NO. 233 - LICENSING AND
REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
CLASSIFICATION OF DANGEROUS DOSICATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENALTIES FOR VIOLATION.
The City Council of the City of Andover hereby ordains as follows:
Section. 1.
Definitions.
Kennel; Private A place where more than three (3) amI Bot more tHaR she (6) dogs
over six (6) months of age are kept for the 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 (fencing of sufficient height) or dog
enclosure( s) present to prevent the running at large or escape of dogs confined therein.
Section 19. Private Kennel Licenses.
.^. pri';ate kennellieeRse eaR Elmy be iss12eQ iR R 1, Siegle Family R1:H'al Zoniag Distriets
afld shall Rot be iss12eQ llRless aBattiBg J3rElJ3erty oV.'Bers aa'.'el:leeR giveR Boaee ElftJlC
proposeQ aJ3plieatiElR and a reasonable oJ3J3Elrt:unit;,' tEl eOffiHieFlt Ela the applieatiElB 1:Inless
the aflfllieaflt's J3raperty is fhreehooereQ (300) feet ar mere form all-Y struem:re.
A minimum of2.5 acres in a residential zoned district is required for a private dog kennel
license (9rovided that the adiacent lot sizes are predominately similar in size). A private
dog kennel license shall not be issued unless a Special Use Permit has been granted bv
the City Council in accordance with the Zoning Ordinance.
Section 20. Commercial Kennel Licenses.
A minimum of2.5 acres in a residential zoned district is required for a commercial dog
kennel license (provided that the adiacent lot sizes are predominatelv similar in size). A
commercial kennel license shall not be issued unless a Special Use Permit has been
granted by the City Council in accordance with the Zoning Ordinance.
1
All other Sections of this ordinance shall remain as written and approved by City
Council.
Adopted by the City Council of the City of Andover on this 7th day of September, 1999.
ATTEST:
CITY OF ANDOVER
~ d-tv
Victoria V olk, City Clerk
2
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233D
AN ORDINANCE AMENDING ORDINANCE NO. 233 - LICENSING AND
REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
CLASSIFICATION OF DANGEROUS DOSICATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENALTIES FOR VIOLATION.
The City Council of the City of Andover hereby ordains as follows:
Section 3.
Requirements for License.
Tae lieeRss shall e1lflire aR the 31st aa-y Elf May in eash add ffiffi'lb@rea years ana shall ee
issl:lea only apeE. payment efthe HeeRse fee as set ey City Csaneil resehltioR.
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.
,^JllieeRses issued for a perisE! ofless thaatwe (2) years shall be pre rated ElR an ar.nalH
easffi.
No license shall be granted for a dog which 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.
The license fee shall be set bv City Council resolution and shall expire in accordance with
the date shown on the license receipt.
All other Sections of this ordinance shall remain as written and approved by City
Council.
Adopted by the City Council of the City of Andover on this 9th day of November, 2000.
ATTEST:
CITY OF ANDOVER
~d~
Victoria V olk, City Clerk
o. { )J;~ ~-f7
~E.Mcl(elvey,11ayor
1
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233 SUMMARY
AN ORDINANCE LICENSING AND REGULATING TIlE KEEPING OF DOGS AND CATS,
PROVIDING FOR IMPOUNDMENT OF CERTAIN DOGS AND CATS, AND PROVIDING
PENALTIES FOR VIOLATION.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the p!a..llning and
zoning enabling legislation in Minnesota Statutes, Chapter 462.
Policy
The purpose of this ordinance is to require all owner's to license their dog(s) (a dog is defined in
this ordinance as being six {6} months of age or older) with the City of Andover. This
ordinance regulates the number of dogs (no more than three {3} dogs) and cats (no more than
three {3} cats on parcels ofland three acres or less) for anyone (I) family residence unit. A cat
is defined as being six months of age or older.
This ordinance also prohibits dogs and cats from running at-large; requires all owner's to clean
up and dispose their pet's excrement on private and public property; prohibits dogs and cats to
habitually bark or cry; provides for impoundment procedures for dogs and cats; prohibits dogs
from attacking and biting the general public; requires that dog enclosures are present on
properties that are zoned R-4, or on properties where a kennel license has been issued by the
City; and regulates private and commercial dog kennel licenses (private and commercial dog
kennel licenses may be obtained by making application for a Special Use Permit and meeting all
criteria as stated in the ordinance).
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or hislher designees shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
Abrogation and Greater Restrictions
It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement,
covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance
are hereby repealed to the extent ofthe inconsistency only.
A printed copy of this ordinance is available for inspection by any person during regular office
hours of the City Clerk and at the Andover Branch of the Anoka County Library.
Adopted by the City Council of the City of Andover on this 18th day of November, 1997.
A TIEST:
CITY OF ANDOVER
t';+~ d~
Victoria Volk, City Clerk