HomeMy WebLinkAbout11/13/08C 1 T Y t3�F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
November 13, 2008
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes — August 26, 2008
3. PUBLIC HEARING Conditional Use Permit (08 -10) allowing institutional
signage exceeding 32 square feet for Riverdale Assembly of God Church at 3210
Bunker Lake Boulevard NW.
4. PUBLIC HEARING City Code Amendment to correct low floor elevation
requirements of City Code 9 -3 -3.
5. PUBLIC HEARING: City Code Amendment to consider effect of State Statute
changes to Chapter 347 Dogs and Cats on City Code 5 -1.
6. Other Business
7. Adjournment
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - August 26, 2008
DATE: November 13, 2008
Re uest
The Planning and Zoning Commission is asked to approve the minutes from the
August 26, 2008 meeting.
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PLANNQVGAND ZONING COMMISSIONMEETING — AUGUST 26, 2008
1�1
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on August 26, 2008, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota-
Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff,
Valerie Holthus, Devon Walton, Douglas Falk and Dennis
Cleveland.
Commissioners absent:
Also present:
Michael Casey.
City Planner, Courtney Bednarz
Others
APPROVAL OFM1NUTES.
August 12, 2008
Motion by Falk, seconded by Kirchoff, to approve the minutes as presented. Motion
carried on a 7 -ayes, 0 -nays, 1- absent (Casey) vote.
PUBLIC HEARING: VARIANCE (08 -03) TO VARY FROM TILE SIDE YARD
SETBACK REQUIREMENTS FOR ANADDITIONAT 921158 A VENUE NW.
Mr. Bednarz stated the City approved a variance to reduce the front and side yard setback
requirements from 40 feet to 35 feet for a previous owner of the subject property in 2004.
The northwest comer of the proposed addition will encroach slightly into the 35 foot
setback.
Commissioner Holthus asked where the addition will be on the house. Mr. Bednarz
reviewed the plans with the Commission.
Commissioner Walton asked if staff felt any impact to the well or drain field with the
addition. Mr. Bednarz indicated they did not. There is some additional design work that
needed to be done on the drain field that will actually help it and that will be done as a
part of the proposed addition project.
Regular Andover Planning and Zoning Commission Meeting
Minutes —August 26, 2008
Page 2
Motion by Walton, seconded by Holthus, to open the public hearing. Motion carried on a
6 -ayes, 0 -nays, 1- absent (Casey) vote.
Motion by Walton, seconded by Holthus, to close the public hearing. Motion carried on
a 6 -ayes, 0 -nays, 1- absent (Casey) vote.
Motion by Holthus, seconded by Walton, to recommend to the City Council approval of
variance to vary from the side yard setback requirement for an addition at 921 158
Avenue NW with the corrections made by staff. Motion carried on a 6 -ayes, 0 -nays, 1-
absent (Casey) vote.
Mr. Bednarz stated that this item would be before the Council at the September 2, 2008
City Council meeting.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Falk, seconded by Kirchof� to adjourn the meeting at 7:19 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver OfjSite Secretarial, Inc.
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NDOV
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Associate Planner
SUBJECT: PUBLIC HEARING Conditional Use Permit (08 -10) allowing institutional
signage exceeding 32 square feet for Riverdale Assembly of God Church at 3210
Bunker Lake Boulevard NW.
DATE: November 13, 2008
INTRODUCTION
Riverdale Assembly of God Church is requesting a Conditional Use Permit to allow institutional
signage in a residential district with an aggregate square footage exceeding thirty -two (32)
square feet.
DISCUSSION
As outlined in the attached letter, the applicant would like to remove all existing signage for both
. the church and the school located on the property, and replace it with one 96- square foot LED
sign. The sign features a variable brightness control that allow for the intensity of the lighting to
be controlled, or even turned off if necessary. This, combined with the distance the sign will be
set back from the property lines, should help to address concerns about light from the sign
impacting adjacent properties. A condition has been included in the resolution requiring that the
brightness of the sign be adjusted if the City receives complaints about it being too bright.
Applicable Ordinances
Chapter 12- 15 -9 -A of the Andover City Code allows the following with a Conditional Use
Permit:
4. Institutional signs in residential districts with an aggregate square footage exceeding thirty-
two (32) square feet and/or more than one sign per lot frontage, provided:
a. The sign is located ten feet (10') from any property line.
b. The aggregate square footage of sign space shall not exceed one hundred (100) square
feet.
c. The sign shall be of the following styles: combination, freestanding, or wall.
d. The sign shall be located at least one hundred thirty feet (130') from any residential
structure.
Applicable Ordinances
Chapter 12 -5 -6 B of the Andover City Code provides the following criteria for the issuance of a
Conditional Use Permit:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and •
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals and general welfare of
occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent
streets and land.
c. The effect on values of property and scenic views in the surrounding area, and the
effect of the proposed use on the Comprehensive Plan.
2. If it shall determine by resolution that the proposed use will not be detrimental to the
health, safety, morals, or general welfare of the community, nor will cause serious traffic
congestion or hazards, nor will seriously depreciate surrounding property values, and that
said use is in harmony with the general purpose and intent of this title and the comprehensive
plan, the City Council may grant such permits.
Comparison of Proposal to Applicable Ordinances
The proposed sign would meet the setback and height requirements set in the City Code.
Attachments
Resolution
Site Plan
Sign Layout
Letter from the Applicant
Letter from Neighbor
ACTION REQUESTED
The Planning Commission is asked to recommend approval or denial of the proposed
Conditional Use Permit.
Respectfully Submitted,
Chris Vrchota
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. CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO-
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF
RIVERDALE ASSEMBLY OF GOD CHURCH FOR PROPERTY LOCATED AT 3210 BUNKER
LAKE BOULEVARD. NW, (PIN 32- 32 -24 -41 -0002) LEGALLY DESCRIBED AS:
The east 495 feet, as measured along the north and south lines, of the northeast 1/4 of the southeast
1/4 of section 32, township 32 range 24, except roads, subject to easements of record.
WHEREAS, Riverdale Assembly of God Church has requested a Conditional Use Permit for
institutional signage in a residential district with an aggregate square footage exceeding thirty-two
(32) square feet and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that
said request meets the criteria of City Code;
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental
effect upon the health, safety, and general welfare of the City of Andover, and;
• WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit for institutional signage in a residential district with a maximum aggregate
square footage of one - hundred (100) square feet on said property with the following condition:
1. That the sign shall conform to City Code section 12 -15.
2. All other signage on the property shall be removed.
3. The sign shall have adjustable lumination levels. Adjustments shall be made if complaints are
received about the brightness of the sign impacting neighboring property owners or motorists.
4. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 14 -6 -D of the
Andover City Code.
Adopted by the City Council of the City of Andover on this day of , 2008.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
• Michelle Hartner, Deputy City Clerk
muHvA3inos ,ate
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10 -06 -08
763- 7537571
Ramsey, MN
www.signsbyrsg.com
City Council and Residents of Andover,
A Family Thade Since 1915
Piedo whwothmhirekm &rrharac raoyeaml
14bnd Sivas - vekidt - Waft - D40MI s
We71 Sign anything!
Thank you for taking the time to review the plans submitted for a change in signage at the
Riverdale Assembly of God. On behalf of the Riverdale Assembly of God we are requesting a
conditional use permit for a single sign on the property.
Our proposal is to remove all existing signs for the church as well as the academy and replace
them with one double sided sign. This sign would be located in the center of the property and set
back 10 feet from the property line as the code permits. We are seeking your approval on
allowing this sign to be 100sgft in size. (see attached)
This property is very large and the building is set about 330ft back from the street. This property
is also recessed below the street level. The frontage is 495ft wide. We feel that due to the size of
property and the distance this sign will be from neighboring home, that we will not be intruding
on anyones comfort.
We also feel that the additional distance from the main thoroughfare additionally inhibits the
ability for potential members and students to easily and safely locate the church. With the
additional size, we believe that people trying to locate us will be able to safely make driving
decisions that will get them to the property
To recap our request, we believe that due to the property distance from the thoroughfare, the
building being set back far from the road, and the recessed grade, that a single larger sign would
help all involved. Also, since the property is so large, and the proposed location to be centered on
the frontage, that it would not negatively impact any of the neighbors.
Thank You very much for your consideration on this matter. We look forward to our involvement
in the community as a valued resident.
spencer blackwelder
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6080 Hwy 10, Ramsey, MN 55303 — 763.753.7571— fax: 763.753.0102 — www. signsbyrsg. com
Chris Vrchota
• From: Brian Fanger [brian @cimgraphics.com]
Sent: Wednesday, November 05, 2008 1:20 PM
To: Chris Vrchota
Subject: future signage concern
Sir,
In reference to the church named Riverdale Assembly of God 3210 Bunker lake Blvd Andover, MN
that wants to put a larger and possible illuminated sign across form 3251 137th ave nw. I am
strongly opposed against such action as this would create light pollution and a visual
nuisance for the residents of Woodland Creek Townhomes.
Jerome Fanger
Woodland Creek Townhome association.
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Associate Planner
SUBJECT: PUBLIC HEARING City Code Amendment to correct low floor elevation
requirements of City Code 9 -3 -3.
DATE: November 13, 2008
INTRODUCTION
When the Subdivision Ordinance was updated in 2007, the lowest floor separation from the 100 -year
flood elevation for new lots was raised from one foot to two feet. The requirement in the Building
Regulations section for existing lots was not changed at that time. This amendment will make the
requirements the same across the City.
DISCUSSION
The section that was changed in 2007 dealt with lots that were being newly platted. This change was
done so that the City Code requirements matched those of the Water Resource Management Plan,
which was adopted in 2005. The additional foot was added to create a cushion in cases where
properties are improperly graded or when grades on properties are changed in the future. Both of
these can have an impact on the 100 -year flood elevation and could lead to flooding.
The section being addressed by this change deals with existing lots. There are a small number of
existing lots in the City that were platted prior to the change in the subdivision ordinance that have
not been built on and could be impacted by this change, though the exact number of these lots is not
known. In these cases, there are two possible solutions. One solution would be to bring in fill to
achieve the required elevation. As noted in the Code, the second option would be for the builder to
hire a geotechnical engineer to prepare a study showing that a separation of less than three feet from
the seasonal high water mark would suffice. This report would need to be approved by the City
Council.
Staff Recommendation
The Engineering staff recommended this change. Staff recommends approval of the proposed
change.
Attachments
Resolution
City Code 9 -3 -3
ACTION REQUESTED
The Planning Commission is asked to review the proposed code amendment and make a
recommendation to the City Council.
• Respec u 1 submitted,
Chri rchota
Associate Planner
A
CITY OF ANDOVER •
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE SECTION 9 -3 -3 OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code Section 9 -3 -3 of the City of Andover is hereby amended as follows:
(Bold and underlinin¢ represents words to be added. St ems. represents words to be
removed.)
3. Basements And Low Floors: Basement or low floor elevation shall be a minimum of three feet
(3') above the seasonal high water mark or one feet (l'') two feet (2 above the designated or
designed 100 -year flood elevation, whichever is higher, unless evidence is submitted and
certified by a geotechnical engineer hired by the city at the expense of the developer and
approval by the City Council that a separation of less than three feet (3') can be achieved and is
warranted.
Adopted by the City Council of the City of Andover on this day of , 2008. i
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Michelle Hartner, Deputy City Clerk
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CHAPTER 3
MINIMUM ELEVATIONS AND STANDARDS FOR BUILDING
AND DRIVEWAY CONSTRUCTION
SECTION:
9 -3 -1: Scope And Purpose
9 -3 -2: Definitions
9 -3 -3: Elevations And Slopes
9 -3 -4: Driveways
9 -3 -5: Culverts
9 -3 -6: Violation; Penalties
9 -3 -1: SCOPE AND PURPOSE: All buildings and driveways constructed in the city shall meet
or exceed the minimum standards established by this chapter. The purpose of the minimum
standards imposed by this chapter is to ensure that proper drainage is maintained and to prevent
public liabilities being caused inadvertently. (Ord. 204, 3 -4 -1997)
9 -3 -2: DEFINITIONS: For the purpose of this chapter, the meanings of certain words and terms
shall be as defined in the Minnesota State Building Code as adopted by the city 1 . (Ord. 204, 3-
4 -1997)
9 -3 -3: ELEVATIONS AND SLOPES:
A. Standards:
1. Front Of Building: The minimum grade at the front of any building constructed on any lot
within the city will not be less than one and one -half feet (1 1 /2') above the elevation of the
street directly in front of the building.
2. Garages And Driveways:
a. The elevation of all garage floors shall be above grade at the vehicular access door.
The garage floor shall be a minimum of eighteen inches (18 ") above the finished
centerline street elevation.
b. All driveways shall slope downward from the garage for a distance of fifty feet (50').
All driveways shall slope upward for a distance of fifty feet (50) from the shoulder or
curb of the street. The slope of all driveways shall not be less than one percent (1 %) nor
more than eight percent (8 %) overall rise. The driveway slope for the first eight feet (8)
from the curb to the house shall not exceed a two percent (2 %) rise.
3. Basements And Low Floors: Basement or low floor elevation shall be a minimum of three feet
(3') above the seasonal high water mark or ofooabove the designated or designed 100 -
year flood elevation, whichever is higher, is submitted and certified by a
geotechnical engineer hired by the city at the expense of the developer and approval by the City
Council that a separation of less than three feet (3) can be achieved and is warranted.
B. Variances: If construction plans are submitted in sufficient detail to substantiate that proper
drainage can be maintained at lesser elevations, the City Building Official may, in his or her
discretion, vary the terms of this section.
C. Appeals: Any party aggrieved by a decision of the Building Official shall have the right to
appeal said decision to the City Council. (Ord. 204, 3 -4 -1997)
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Chairman and Planning Commissioners
CC: Courtney Bednarz, City Planner
FROM: Will Neumeister, Director of Community Development Ala—
SUBJECT: PUBLIC HEARING: City Code Amendment to consider effect of State Statute Changes to
Chapter 347 Dogs and Cats on City Code 5 -1
DATE: November 13, 2008
INTRODUCTION
The City Attorney sent staff the attached information and it was briefly discussed with the City Council on
September 23, 2008. They directed that the Planning staff bring this forward to a public hearing to discuss
the new language adopted by the State of Minnesota from Chapter 347 (changes related to Dangerous
Dogs). Our current code is not up to date and it should conform to the statute.
DISCUSSION
The statute changes should be reviewed line by line as there are small changes proposed throughout the
as Chapter 347 language. Notice for instance that the surety bond is to be changed from $50,000 to $300,000
for anyone who has a "dangerous dog ". There are quite a few changes related to changing "may" to
"shall" and there is a lot more language added on "Seized Animals and Disposition of Seized Animals" as
well as who may own a dog.
Some of the sections of the Statute are to be adopted by reference. The State Statutes are enforceable
whether it is printed here or not. The sections to be adopted by reference cover seizure, disposition of
seized dogs /cats, restrictions on ownership, penalties, and destruction of dangerous dogs /cats. If the City
ever needs to seize a dangerous dog/cat, the City Attorney would be involved and the sections of statute
would probably be cited in any enforcement letter or orders from the City.
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing to review the attached statute language from
Chapter 347 and determine if there should be changes in the City Code 5 -1 to be consistent with State
Statute.
Respectfully submitted,
Will Neumeister
Attachments:
Proposed Amendment to City Code 5 -1 (with potential changes noted)
Highlighted Changes to Minnesota Session Laws 2008 (related to State Statutes 347.50 - 347.57)
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA •
ORDINANCE
AMENDING CITY CODE TITLE 5 -1A -11 TO CHANGE THE DANGEROUS DOG
CODE AND SET ANNUAL FEES TO REGISTER A DANGEROUS DOG /CAT
WHEREAS, a public hearing was held before the Planning and Zoning Commission, and;
WHEREAS, the City Council reviewed the proposed code change; and
WHEREAS, the City Council has determined that the current code language is out of
date and should be modified to follow the State Statute Section 347 and establish an
annual fee to register a dangerous dog/cat.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDOVER, DOES
HEREBY ORDAIN AS FOLLOWS:
The annual fee to register a dangerous dog/cat shall be set at $
City Code 5 -1, is hereby amended as follows (underlining indicates new language and
strikeouts indicate language to be removed):
Definitions (Title 5) •
PROVOCATION: An act that an adult could reasonably expect may
cause a dog to attack or bite.
5- lA -11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND
CATS:
4. No person may own a dangerous dog/cat in the city unless the owner complies
with this section, providing sufficient evidence of such compliance.
a. The owner of a dangerous dog/cat must obtain a certificate of
registration from the animal control authority of the city. The owner must
renew the registration of the daneerous dog/cat annually until the
dog/cat is deceased, and pay an annual fee, in addition to any regular
dog /cat licensine fees, to obtain a certificate of registration from the
city for a dangerous dog/cat.
b. There must be a proper enclosure 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. * t da ngerou s dog/ on the p pef� . 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.
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
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.
d. The owner must obtain 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 €rfy three hundred thousand
dollars ($300,000) 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 three hundred thousand dollars ($50
($300,000) insuring the owner of any personal injuries inflicted by the
dangerous dog /cat. The requirements for- the waming sign or . -
symbol shall be those as set fefth in Minnesota SWHtes Seetion 347.51.
• (Amended Ord. 233,11-4-1997).
e. The owner must have a microchip identification implanted in the
dangerous dog/cat as required under Minnesota Statutes Section
347.515.
f. The dangerous dog/cat 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.
g. The dangerous dog/cat must be sterilized, at the owner's expense.
h. A person who owns a dangerous dog/ and who rents proper
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 anv lease renewal. that the person ow a dangerous dogleat that
will reside at the prope
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 owner's name,
address, and telephone number.
j. 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.
5. 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 responsible
individual 5) the dangerous dog/cat is not sterilized within 30 days, pursuant
to city code section 5 -1A -11 A 4.g. ]THIS SECTION CAN BE
OMITTED SINCE IT IS COVERED BY #6 BELOW. IF OMITTED, THE
NUMBERING SYSTEM NEEDS TO BE CHANGED]
6. 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.
7. 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: 8. 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
AI/--
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)
All other sections of the City Code shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 2 °d day of December, 2008.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Jim Dickinson, City Clerk
0
V -`
Sec. 2. Minnesota Statutes 2006, section 347.50, is amended by adding a subdivision
to read:
Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably rY Copf
expect may cause a dog to attack or bite. $- ►A-
✓�/ •
�+ .Sec. 3. Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read;
Subd. 2. Registration. An animal control authority shall issue a certificate of
-
.�" registration to the owner of a dangerous dog if the owner presents sufficient evidence that:
(1) a proper enclosure exists for the dangerous dog and a posting on the premises i LooE b
with a clearly visible warning sign that there is a dangerous dog on the property, including
a warning symbol to inform children, >
(2) a surety bond issued by a surety company authorized to conduct business in this
state in a form acceptable to the animal control authority in the sum of at least 9
$300,000, payable to any person injured by the dangerous dog, or a policy of liability
insurance issued by an insurance company authorized to conduct business in this state G iry Cow
in the amount of at least&,9 $300,000, insuring the owner for any personal injuries S ' i '
inflicted by the dangerous dog;
(3) the owner has paid an annual fee of not more than $500, in addition to any _
regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under
this section; and
(4) the owner has had microchip identification implanted in the dangerous dog as
required under section 347.515.
Sec. 4. Minnesota Statutes 2006, section 347.51, subdivision 2a, is amended to read:
Subd. 2a. Warning symbol. If &e&YdA-f an animal control authority issues a
certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the
e kty anim l control authority must provide, for posting on the owner's property, a copy •
of a warring symbol to inform children that there is a dangerous dog on the property. The
a f!4ie warning symbol must be the uniform mbol provided by nE
the commissioner of public safety, - t� .
G +`
The commissioner shall provide the number of copies of the warning symbol requested 1 A'
by the animal control authority and shall charge the a animal control S'
authori the actual cost of the warning symbols received. The e animal control
authority may charge the registrant a reasonable fee to cover its administrative costs and
the cost of the warning symbol.
Sec. 5. Minnesota Statutes 2006, section 347.51, subdivision 3, is amended to read:
Subd. 3. Fee. The a animal control authority may charge the owner an annual
fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section.
Sec. 6. Minnesota Statutes 2006, section 347.5 1, subdivision 7, is amended to read:
Subd. 7. Tag. A dangerous dog registered under this section must have a
standardized, easily identifiable tag identifying the dog as dangerous and containing the
uniform dangerous dog symbol, affixed to the dog's collar at all times.
ef-PaNie -' -
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Sec. 7. Minnesota Statutes 2006, section 347.51, subdivision 9, is amended to read:
Subd. 9. Contracted services. An animal control authority may contract •
with another political subdivision.or other person to provide the services required under
sections 347.50 to 3 44.9 4 347.565 Notwithstanding any contract entered into under
this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the
Sec. 8. Minnesota Statutes 2006, section 347.52, is amended to read:
347.52 DANGEROUS DOGS; REQUIREMENTS.
(a) An owner of a dangerous dog shall keep the dog, while on the owner's property,
in a proper enclosure. If the dog is outside the proper enclosure, the dog 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 manner that will prevent the dog
from biting any person or animal but that will not cause injury to the dog or interfere with
its vision or respiration.
(b) An owner of a dangerous dog must renew the registration of the dog annually
until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered
as a dangerous dog in its new jurisdiction.
(c) An owner of a dangerous dog must notify the animal control authority in writing
of the death of the dog or its transfer to a new location where the dog will
reside. within 30 days of the death or transfer, and must, if requested by the animal control L�o�
authority, execute an affidavit under oath setting forth either the circumstances of the dog's G `A l
death and disposition or the complete name, address, and telephone number of the person S' 1
to whom the dog has been transferred or the address where the dog has been relocated
(d) An animal control authority map shall require a dangerous dog to be sterilized C,ov
at the owner's expense. If the owner does not have the animal sterilized within 30 days `i l l • a 9' .
the animal control authority ffoty shall seize the dog and have tRe aftint94 it sterilized
at the owner's expense.
(e) A person who owns a dangerous dog and who rents property from another
where the dog 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
that will reside at the property.
(f) A person who s transfers ownership of a dangerous dog must notify the GkT`I �1A,1 \�'^
• � new owner that the animal control authority has identified the dog as dangerous. S
The 5aHer current owner must also notify the animal control authority in writing of the
sale transfer of ownership and provide the animal control authority with the new owner's
name, address, and telephone number.
See. 9. Minnesota Statutes 2006, section 347.53, is amended to read:
347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS.
Any statutory or home rule charter city, or any county, may regulate potentially
dangerous and dangerous dogs. Except as provided in section 347.51, subdivision
8, nothing in sections 347.50 to 34-7-54 347.565 limits any restrictions that the local
jurisdictions may place on owners of potentially dangerous or dangerous dogs.
Sec. 10. Minnesota Statutes 2006, section 347.54, subdivision 1, is amended to read:
Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall
immediately seize any dangerous dog if:
(1) after 14 days after the. owner has notice that the dog is dangerous, the dog is not
validly registered under section 347.51;
(2) after 14 days after the owner has notice that the dog is dangerous, the owner does
not secure the proper liability insurance or surety coverage as required under section 0 cD�
347.5 1, subdivision 2; J k t,
(3) the dog is not maintained in the proper enclosure; or 5 -1 �C"
(4) the dog is outside the proper enclosure and not under physical restraint of a
responsible person as required under section 347.52; or -
(5) the dog is not sterilized within 30 days pursuant to section 347.52, paragraph (d .
(b) If an owner of a dog is convicted of a crime for which the dog was originally
seized, the court may order that the dog 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.
_7
Sec. 11. Minaesot�tatutes 2006, section 347.54, subdivision 3, is amended to read:
Subd. 3. Sn sequent offenses; seizure. If a person has been convicted of a
misdemeanor for violating a provision of section 347.51 347.515, or 347.52, and the
person is charged with a subsequent violation relating to the same dog, the dog must be
seized by the animal control authority having jurisdiction. If the owner is convicted of •
the crime for which the dog was seized, the court shall order that the dog be destroyed
in a proper and humane manner and the owner pay the cost of coufming and destroying tTy C A
the animal. -
ftffy
degUP -
If the owner is not convicted and the dog is not reclaimed
by the owner within seven days after the owner has been notified that the dog may be
reclaimed, the dog may be disposed of as provided under section 35.71, subdivision 3;
aftd the awftff aliftble -o the ftftifftE4 eaftife;
Sec. 12. [347 5411 DISPOSPITON OF SEIZED ANMALS. .
Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to
a hearing by an impartial hearing officer.
Subd. 2. Seendty. A person claiming an interest in a seized dog may preyent
disposition of the dog by posting security ecurity in an amount sufficient to provide for the dog's
actual cost of care and keeping_The security must be posted within seven days of the
seizure inclusive of the date of the seizure.
Subd. 3. Notice. The authority declaring the dog dangerous shall give notice of this
telephoning if possible The notice must include: •
(1) a description of the seized dog; the authority for and purpose of the dangerous
dog declaration and seizure the time place and circumstances under which the dog was
declared dangerous and the telephone number and contact person where the dog is kept;
(21 a statement that the owner of the dog request a hearing concerning the
dangerous dog declaration and if applicable prior potentially dangerous dog declarations
for the dog and that failure to do so within 14 days of the date of the notice will terminate
the owner's right to a hearing under this section;
(3) a statement that if an appeal request is made within 14 days of the notice the
owner must immediately comply with the requirements of section 347.52, paragraphs (a)
and (c), and until such time as the hearing officer 'issues an opinion;
(4) a statement that if the hearing officer affirms the dangerous dog declaration,
the owner will have 14 des from receipt of that decision to comply with all other
requirements of sections 347 51 347.515, and 347.52;
(5) a form to request a hearing under this subdivision; and
(6) a statement that all actual costs of the care, keeping, and disposition of the dog
are the responsibility of the person claiming an interest in the dog, except to the extent
that a court or hearing officer finds that the seizure or impoundment was not substantially
justified by law.
Subd. 4. Right to hearing. Any hearing must be held within 14 days of the request
to determine the validity of the dangerous dog declaration. The hearing officer must be an
impartial employee of the local government or an impartial person retained by the local
government to conduct the hearing In the event that the dangerous dog declaration is
upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000
i
will be the responsibility of the dog's owner. The hearing officer shall issue a decision
. on the matter within ten days after the hearing The decision must be delivered to the
dog's owner by hand delivery or registered mail as soon as practical and a copy must be
provided to the animal control authority.
Sec. 13. [347 5421 RESTRICTIONS.
Subdivision 1. Dog ownership prohibited. xcept as provided in subdivision 3, no
person may own a dog if the person has:
(1) been convicted of a third or subsequent violation of section 347.51.347.515,
or 347.52;
(2) been convicted of a violation under section 609.205 clause (4);
(3) been convicted of a gross misdemeanor under section 609.226, subdivision 1;
(4) been convicted of a violation under section 609.226, subdivision 2; or
(5) had. a dog ordered destroyed under section 347.56 and been convicted of.one or
more violations of section 347.51. 346.515 347.52, or 609.226, subdivision 2.
Subd. 2. Household members. If any member of a household is prohibited from
owning a dog in subdivision 1 unless specifically approved with or without restrictions by
an animal control authori ly, no person in the household is permitted to own a dog.
Subd. 3. Dog ownership prohibition review. Beginning three years after a
conviction under subdivision 1 that prohibits a person from owning a dog, and annually
thereafter, the person mayrequest that the animal control authority review the prohibition.
The animal control authority may consider such facts as the seriousness of the violation
or violations that led to the prohibition, any criminal convictions, or other facts that the
animal control authoritydeems appropriate The animal control authority may rescind the
prohibition entirely or rescind it with limitations The animal control authority also may
establish conditions a person must meet before the prohibition is rescinded, including,
but not limited to successfully completing dog training or r dog handling courses. If the
animal control authority rescinds a person's prohibition and the person subsequently fails
to comply with any limitations imposed by the animal control authori ty or the person is
convicted of any animal violation involving unprovoked bites or dog attacks, the animal
control authority may permanentlyprohibit the person from owning a dog in this state.
Sec. 14. Minnesota Statutes 2006, section 347.55, is amended to read:
347.55 PENALTY.
(a) A" A person who violates ftfty a provision of section 347.51 347.515, or 347.52
is guilty of a misdemeanor.
(b) It is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a
dangerous dog`s death or change of location where the dog
will reside, to sign a false affidavit with respect to a dangerous dog's death or retfta-v�
R-afti the . 4ie£i � change of location where the dog will reside, or to fail to disclose
ownership of a dangerous dog to a property owner from whom the person rents property.
(c) A person who is convicted of a second or subsequent violation of paragraph (a)
or Lb is poly of a gross misdemeanor.
• (d) An owner who violates section 347.542, subdivision 1, is guilty of a gross
misdemeanor.
(e) Any household member who knowingly violates section 347.542, subdivision 2,
-- I-- _
is gWhy of a gross misdemeanor.
Sec. 15. Minnesota Statutes 2006, section 347.56, is amended to read:
347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. •
Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog
ma
be destroyed in a proper and humane manner by the animal control authori ty if the dog_
(1) inflicted substantial or great bodily harm on a human on public or private
property without provocation;
(2) inflicted multiple bites on a human on public or private property without
provocation;
(3) bit multiple human victims on public or private property in the same attack
without provocation; or
(4) bit a human on public or private property without provocation in an attack where
more than one dog_ participated in the attack.
Subd. 2. Hearing. The animal control authority may not destroy the dog until the
dog owner has had the opportunity for a hearing before an impartial decision maker.
The definitions in section 347.50 and the exemptions under section 347.51, subdivision
5 , apply to this section.
Sec. 16. [347.565] APPLICABILITY.
Sections 347.50 to 347.56 must be enforced by animal control authorities or
law enforcement agencies, whether or not these sections have been adopted into local
ordinance.
Presented to the governor May 12, 2008
Signed by the governor May 15, 2008, 2:50 p.m.
•
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