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HomeMy WebLinkAbout2.c. Animal Control - Pet Limits4ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Work Session: April 13, 2011 AGENDA ITEM: Animal Control — Pet Limits N GENDA SECTION: PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. ATTACHMENTS: Applicable Section of City Code 7-4: 2002 and 2004 Language, 1989 Code Language APPROVED BY: RECOMMENDED ACTION: Discussion ISSUE The City Code currently limits the number of dogs, cats and ferrets allowed at any household to five (5) in any combination of the listed animals. There are no provisions for a residential kennel permit or license to allow a household to exceed the limit of five. Also, there are no waivers or permits to allow for fostering of dogs, cats or ferrets in excess of the limit of five. BACKGROUND City Code 7 -4 Animal Control includes a section that limits the number of specific pets allowed at any household within the City. This section states "No person shall keep, maintain or otherwise house more than a combined total of five cats, dogs or ferrets over the age of six (6) months within any household..." Prior to 2002 the City Code provided a Residential Kennel and Cattery permitting process. A permit was required for a resident wanting to house 4 or more cats or dogs — they were treated separately rather than as a combined total limit in the current Code. All residents could own 3 dogs and 3 cats without any permits. There was no maximum limit set for the kennel or cattery in the Code other than the kennel needed to be incidental to residential purposes. In December 2002 the Animal Control Code was significantly amended. The amendments included the elimination of permits for residential kennels and catteries; the five combined limit was adopted at that time. A "grandfathering clause" or transition period was included for those household that did have more than five cats, dogs or ferrets properly licensed at the time the change was adopted. However, the clause also stated that no replacements or additions were allowed; the intention was to bring all households down to the limit of five combined pets. In December 2004 the current Animal Control Code was adopted. The section on pet limits was amended to remove the language regarding the transition to the five limitation was deleted; therefore, all households are limited to five combined pets as a limit. The move to a combined limit was based upon information gathered from the Minnesota Animal Control Association (MACA). Rosemount's code enforcement officer in 2002 was active in MACA and gathered information from MACA board members regarding trends and practices regarding kennel permits and limits on pet ownership. Five was the number settled on based upon the information gathered and further discussion amongst staff and Council members. Limits were set based upon the number of combined pets within a household. Pet foster homes were briefly discussed but an exception for foster pets was not included in the Code. Staff members' recollection of the foster pet discussion is that it was decided that it is difficult to allow a greater number of pets in a foster home than is permitted in the same situation for a pet owner. A pet foster home permitted to own 5 pets and foster an additional 2 pets on an on -going basis is no different than another resident owning a total of 7 pets. Residents desiring to foster pets are expected to remain under the five limit even when fostering, the total includes foster pets. RECOMMENDATION Staff is looking for direction on this issue. 2 CITY OF ROSEMOUNT ORDINANCE NO. XIV.9 AN ORDINANCE AMENDING TITLE 7, CHAPTER 4 PERTAINING TO DOGS AND CATS. The City Council of the City of Rosemount, Minnesota ordains as follows: Section 1: The definitions of Cattery, Residential Kenne , a Restraint in Title 7, Chapter 4A, Section 1 of the Rosemount City Code are amended to read as follows: CATTERY A lace where four (4) or more cats over six (6} months of age are kept or a place at which the business of selling, boarding, breeding, showing or treating cats is conducted when there are four (4) or more cats being sold, boarded or shown. RESIDENTIAL A lace where four (4) or more dogs over six KENNEL (65 months of age are kept on premises which are zoned and occupied for residential purposes, and where the keeping of such animals is incidental to the occupancy of the premises for residential purposes. RESTRAINT A dog or cat is said to be under restraint if it is controlled by a leash; if it is under voice or signal command of a competent person, providing that the dog or cat will obey such voice or signal command, if it is within the limits of the owner's property, or while it is confined within a vehicle being driven or parked in the street. A dog or cat is considered to be under restraint on park property only when it is controlled with the use of a leash no longer than ten feet (10') or when it is under voice or signal command in the exercise areas designated by the city. Section 2: Title 7, Chapter 4B, Section 1A. of the RosemounCity Code is amended to read as follows: A. Requirement: No person in the City shall own, harbor or keep a dog or cat over six (6) months of age, within the City unless a current registration for such dog or cat has been obtained as herein provided. Section 3: Title 7, Chapter 4B of the Rosemount City Code is amended by adding Sections 7 -4B -8 and 7 -4B -9 to read as follows: 7 -4B -8: SANITATION: All persons in control of an animal on park property shall have in his/her possession at all times apparatus which can be used for cleaning up feces and/or a bag for proper disposal of feces. The person in control of an animal is responsible for picking up his/her animal's feces and disposing of it properly. 7 -4B -9: YARD CLEAN - UP: A property owner is required to clean all feces from his/her property every twenty -four (24) hours in a residential area. Section 4: This Ordinance shall be effective immediately upon its passage and publication. Adopted this 5 th d ay o f J uly , 1989. CITY OF ROSEMOUNT 1 ATTEST: Published this /." day of C - e- V 1989 in the "Dakota County Tribune ". 1 Adopted Language — December 2002 C Ownership Limits No person shall keep maintain or otherwise house more Than a total of five cats dogs or ferrets over the age of six months within any Household in the City of Rosemount unless authorized elsewhere in this chapter 1 For the purposes of this section the term house hold refers to a single Family residence or single unit of a townhome condominium apartment or Comparable structure that is rented leased or used as a single unit 2 This section shall not be construed to limit the ability of apartment Managers landlords townhome associations or other representatives of Property owners to impose greater restrictions D Any person who owned more than five cats dogs or ferrets prior to the effective date of this ordinance shall be permitted to keep those animals provided that those animals in that household were properly licensed prior to the effective date of this ordinance No person affected by this subdivision shall be permitted to acquire any additional cats dogs or ferrets or to replace any cats dogs or ferrets in excess of five except as provided under a Commercial Kennel permit as allowed in this chapter or as specifically authorized by the City Council. Adopted December 2004 A. Ownership Limits: 1. No person shall keep, maintain or otherwise house more than a combined total of five cats, dogs or ferrets over the age of six (6) months within any household in the City of Rosemount unless authorized elsewhere in this chapter. a. For the purposes of this section, the term "household" refers to a single family residence or a single unit of a town home, condominium, apartment or comparable structure that is rented, leased or used as a single unit. b. This section shall not be construed to limit the ability of apartment managers, landlords, town home and condominium associations or other representatives of property owners to impose greater restrictions. 2. Exception: For premises that are ten (10) acres or more and zoned Agricultural the resident may keep, maintain or otherwise house up to ten (10) cats over the age of six (6) months as long as they have been spayed or neutered and documentation to that fact is provided.