HomeMy WebLinkAboutOrd. 354 - Animal Control
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 354 SUMMARY
AN ORDINANCE MODIFYING REQUIREMENTS FOR ANIMAL CONTROL IN THE
CITY OF ANDOVER
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
The purpose of these changes is to clarify definitions for nuisance dogs and barking, potentially
dangerous dogs, and basic care.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee 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.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 18th day of September 2007.
ATT!lST: Ovlb f
.A-z:, ...J Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 354
AN ORDINANCE AMENDING THE CITY CODE 5-1A DEALING WITH THE
CONTROL OF DOGS AND CATS IN THE CITY OF ANDOVER.
CHAPTER 1
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 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;
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
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 0 f the enclosure.
FREQUENT BARKING: Barkina intermittentlv for 30 minutes or more.
HABITUAL BARKING: BarkinQ 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 1: 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 2.
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 therein4.
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.
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 ~~)iQ.rt:Jo.?-2-2 of this code, definition of "dog kennel, private"
4 ~~~1:?R.~~ti<JGtJe~EAVWl:l'Cfg/6ffiLji~nts and restrictions.
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
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.
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 purposelv
excited. stimulated. aQitated. 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.
(Amended Ord. 233,11-4-1997)
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance 1 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 anyone-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 anyone 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 th is 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 effective Iv restrained bv command as by leash.
1 See subsection 1-7-3A of this code.
_. _ _"'_ _. ____ _. ._. _. _ _.. _. _.. n'.J __J__.Jnt to all athletic fields must be
leashed.
B. Removal Of Excrement: Owners are required to clean up and dispose of
their pet's 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
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/CA T:
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.,onthe day of ,
20_ , the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
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 give n 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 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. (Amended Ord. 233,11-4-1997; 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)
5-1A-9: IMPROPER CARE AND TREATMENT PROHIBITED: REQUIRED
BASIC CARE AND PROHIBITED TREATMENT:
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 un-muzzled 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:
A. 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
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. Compliance with the registration requirement of
Minnesota Statutes Section 347.51 shall constitute compliance with this
article. 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 clearly visible warning sign,
including a warning symbol to inform children that there is a
dangerous dog/cat on the property; and
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 fifty thousand dollars ($50,000.00) 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 fifty
thousand dollars ($50,000.00), insuring the owner of any personal
injuries inflicted by the dangerous dog/cat. The requirements for the
warning sign or warning symbol shall be those as set forth in
Minnesota Statutes Section 347.51. (Amended Ord. 233, 11-4-
1997)
c. 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 an 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.
d. 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; or 4) the dog/cat is outside the proper enclosure and not
under physical restraint of an individual. (Amended Ord. 233, 11-4-
1997; amd. 2003 Code)
5. 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.
6. 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. (Amended Ord. 233, 11-4-
1997)
B. Potentially Dangerous Dogs And Cats: In the event that a complaint is
received which, in the judgment of the City Clerk, Sheriff's 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 1,
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.
(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. (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
1 See section 12-15-6 of this code.
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
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 1. 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 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)
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.
R ~N"''''ninn' nnn ",n,.,lnc" Ir"'''' m"",t h", "''''reened from view of adjacent
1 See subsection 1-7-3A of this code.
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. (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 b y 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 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 owner's 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)
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)
Adopted by the City Council ofthe City of Andover this 18th day of September 2007.
CITY OF ANDOVER
Attest: ~~~
Iljk;.J
/J,L& M ael R. Gamache - Mayor
Victoria V olk - City Clerk