HomeMy WebLinkAbout9.a. Amendments to City Code 7 - 4: Animal ControlAGENDA ITEM: Amendments to City Code 7 4: Animal
Control
AGENDA SECTION:
New Business
PREPARED BY: Gary Kalstabakken, Chief of Polic
AGENDA NO. 0
ATTACHMENTS: Amended City Code 7 -4: Animal Control
APPROVED BY:
oat
RECOMMENDED ACTION: First Reading Discussion Only
4 ROSEMOUNT
City Council Meeting: July 5, 2011
CITY COUNCIL
EXECUTIVE SUMMARY
ISSUE
The City Code regulates the keeping of animals within the City. Included in the Code are requirements for
the declaration of dangerous and potentially dangerous dogs; cities are mandated by Minnesota state law to
follow certain procedures. This City Code was last updated in 2004 and there have been changes to the
dangerous /potentially dangerous dog statutes since that time. While amending the Code to incorporate
and comply with statutory requirements pertaining to dangerous /potentially dangerous dogs, the Code as a
whole has been reviewed. Changes to the Code are being recommended to make this particular Code
easier to use by reorganizing sections and eliminating sections deemed to be redundant or unnecessary.
There are also some modifications proposed for some regulations in the Code.
BACKGROUND
Regulation of animals kept within cities is primarily done through local ordinances. Predominantly, City
Codes regulate commonly owned domestic pets. Rosemount's Code does contain regulations that are not
as common in other communities because of the rural make up of the community. For example, the Code
contains a section on horses and it has also permitted the keeping of fowl and pigeons in residential areas
since 2004.
The primary changes include:
Definitions: Several definitions were eliminated because the terms were not used within the Code
or because the commonly accepted definition of the term applies to its use in the Code.
Dangerous and Potentially Dangerous Dogs: 1) Modifying the requirements to comply with the
requirements included in MN state statutes, 2) Modifications to the Hearing Board by eliminating
the preference that the citizen member be a veterinarian, 3) Adding language concerning liability
insurance requirements.
Eliminating the sections pertaining to zoonotic diseases and emergency declarations.
Coops and Lofts: Removing the permitting process for fowl and birds; residents following the
requirements will be allowed to have fowl just as a resident with a dog(s) is expected to follow all
regulations.
There are policy decisions related to each of the bulleted items listed; however, the changes related to
coops and lofts and the keeping of fowl and birds have the more significant shift in policy. Coops and
lofts currently are allowed now but require a permit and an inspection of the property insuring compliance
with requirements prior to issuing of the permit. In addition, adjoining residential properties are notified
in writing of the coop or loft permit. These requirements are not needed for any other pet regulated in the
City Code with the exception of dangerous dogs. The amendment proposes to treat fowl and birds the
same as other pets by listing the requirements and allowing a resident to maintain fowl and birds in
accordance with the requirements and without a permit. Enforcement action will be taken if the
requirements are not being met.
The requirements for lofts and coops have been modified in the proposed amendments.
Footings will no longer be required for coops and lofts.
The distance between coops and lofts from the adjacent principle structure will be reduced from
75 feet to 50 feet.
Coops and lofts, as well as any other animal enclosure, will be prohibited between the street and
the house, i.e. no properties will be allowed enclosures in the front yard and corner lots will not be
allowed structures on the street side of the home.
The amendments proposed are based upon a review of other cities' animal control codes, Rosemount's
experience with enforcement of existing requirements and changes within state statutes. One of the
outcomes desired was to make the Code more concise and easier to understand for both staff and the
public. Amendments proposed are believed to accomplish this and the Code has been reduced by about
nine pages.
RECOMMENDATION
The amendments are being presented to Council for discussion. It is intended that after receiving
feedback from Council, the revisions will be brought back for adoption at either the July 19, 2011 meeting
or the first meeting in August.
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Chapter 4
ANIMAL CONTROL
ARTICLE A. ADMINISTRATION AND ENFORCEMENT
7 -4A -1: DEFINITIONS
7 -4A -2: OFFICERS APPOINTED TO ENFORCE CHAPTER
7 -4A -3: INTERFERENCE WITH OFFICERS
7 -4A -4: ANIMAL SHELTER PROVIDED
7 -4A -5: RABIES, BITES, IMPOUNDING AND DISPOSAL OF ANIMALS, DISASTERS,
Y
7 -4A -1: DEFINITIONS:
As used in this chapter, the following terms have the following meanings:
ANIMAL: Any nonhuman mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or
other member commonly accepted as a part of the animal kingdom.
Allowed Animals: Those animals commonly accepted as domesticated household pets.
Unless otherwise defined, such animals shall include dogs, cats, spayed or neutered ferrets,
caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous,
nonvenomous and nonconstricting reptiles or amphibians, and
trained service animals that are assisting disabled persons.
Farm Animal: Cattle, horses, ponies, mules, sheep, goats, swine (including potbellied pigs
and other miniature varieties), ducks, geese, turkeys, chickens, and other animals of
husbandry.
Prehibited Wild Animals: A nonhuman terrestrial mammal or bat that is wild by nature; any
poisonous, venomous, constricting or inherently dangerous member of the reptile or
amphibian families; any crossbreed between a wild and domestic animal. Tlhese-anitnals
A. Any mcmbcr of the-1ar-gc cat-family (family felidac) including, but not limited to, lion3,
385347v1 MDT RS215 -6
domesticated hou3c cats.
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D. Any poisonous, venomous, coast icting, or iehcrcntly danger-ou3 mcmbcr of the reptile
C. Any mcmbcr of the bcar family.
H. Any other animal that i3 not art allowed animal.
AT LARGE: Any animal that is off the property of its owner and is con3idcrcd to be "at large" at
any time when it is not "under restraint" as herein required.
COMMERCIAL KENNEL: A place where more than five (5) dogs, cats, or ferrets over six (6)
months of age are kept, and where the business of selling, boarding, breeding, showing, treating or
grooming such animals is conducted.
COOP: Any structure used for the keeping of fowl.
DANGEROUS: Able or likely to inflict injury or harm.
DANGEROUS DOG: Any dog that:
A. Has without provocation, inflicted substantial bodily harm on a human being while on
public or private property.
385347v1 MDT RS215 -6
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B. Has killed a domestic animal without provocation while off the owner's property; or
C. Having been found to be potentially dangerous and after the owner has notice that the
dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety
of humans or domestic animals.
GREAT BODILY HARM: Bodily injury which creates a high probability of death. or which causes
serious permanent disfigurement, or which otherwise causes a permanent or protracted loss or
im airment of the function of an bodil member or or n or other serious bodil harm.
given it undcr Minnesota statutes, scction 343.20 subdivision 9; and
C. As relates to allowed animals that attack other allowed animals, farm animals, or humans
thc term has thc meaning given it under Minnesota statues, section 609.02 subdivision
HORSE: Any breed of horse, pony, mule, ass or similar animal.
KENNEL NUISANCE: Causing a nuisance or diacomfeft to persons in thc arca by smell, noise,
hazard, or intru3ion crcatcd by animals kcpt in a cetruncicial kennel on property within thc city.
LOFT: Any and all quarters in which pigeons are housed.
OWNER: Any person or persons, firm, association or corporation owning, keeping, harboring, or in
custody or control of animals within or being transported within the city.
PET OR COMPANION ANIMAL: Any anitraal owned, possessed by, cared fer, or controlled by a
person for thc present or future enjoyment of that person er another as a pct or companion, or any
PICEON: Any and all varieties of pigcon3.
sidewalks, or any public or private property, other th
385347v1 MDT RS215 -6
injury or othcrwi3c threatening thc safety of human3 or other animal3.
POTENTIALLY DANGEROUS DOG: Any dog that:
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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 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.
PROPER ENCLOSURE: An enclosure for an animal that securely confines the animal indoors; or,
in an enclosure that has flooring that prevents digging, sides that prevent chewing or exit through
them, and a covering that prevents escape and provides protection from the elements. This
enclosure must be locked. A porch, patio, house, garage or other structure that cannot be locked or
has walls, windows or doors that are not substantial enough to prevent the escape of the animal shall
not be considered a proper enclosure. A door or window secured with only a screen is not a secure
enclosure.
PUBLIC PROPERTY: Any sidewalk, path, trail, street or highway, including the entire width
and shall also mcan any othcr publicly owncd property or facility.
UNDER RESTRAINT: A dog,or fcrrct is said to bc undcr "restraint" if it i3 Ceontrolled by a leash;
if-it-is under voice or signal command of a competent person, providing that the animal dog-er
fcrrct will obey such voice or signal commands; ibis within the limits of the owner's property; or
while it is confined within a vehicle being driven or parked in the street. An animal dog or fcrrct ia
con3idcrcd to bc undcr restraint on a right of way, park or public property only whcn it ia must be
controlled with the use of a leash no longer than six feet (6') jr whcn it is undcr voicc or signal
eamffrand while on any public property, including but not limited to a street, sidewalk, trail, or park.
This leash requirement does not apply while the animal is in an the exercise areas designated by the
city. Retractable leashes may be used but must be kept to a length of six feet (6') or less when in the
vicinity of any other person or animal. Registered potentially dangerous and dangerous dogs acid
must be restrained as required by other sections of this chapter.
pa33agc of person3 and vehicles including-the traveled s €acc -of lands adjacent that arc formally
dedicated to such usagc.
SERVICE ANIMAL• Animals that are individually trained to perform tasks for people with
disabilities, such as: guiding people who are blind, alerting people who are deaf, pulling wheelchairs,
alerting and protecting a person who is having a seizure, or performing other special tasks. Service
animals arc working animals, not pets.
SUBSTANTIAL BODILY HARM: Bodily injury that involves a temporary but substantial
disfigurement, or that causes a temporary but substantial loss or impairment of the function of any
bodily member or organ, or that causes a fracture of any bodily member to a service animal or a pct
Ott -ate.
385347v1 MDT RS215 -6
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undcr which it i3 listed.
VICIOUS: Dangerously aggressive.
Yt
thc ground upward, cxccpt as otherwise providcd fer heroin. The mcasnrexxent of a yard shall be
conatrucd as thc minimum horizontal distance between-the lot linc and thc building lino.
It
XIV.21, 12 7 2001)
Section 2. Section 7 -4A -2 of the Rosemount City Code is amended as follows:
7 -4A -2: OFFICERS APPOINTED TO ENFORCE CHAPTER:
The city council may appoint community service officers, animal control officers, humane agents or
other officers to assist the police officers of the city in the enforcement of this chapter, and no
person shall interfere with, hinder or molest them in the exercise of such powers. (Ord. XIV.24, 12
7 2001)
7 -4A -3: INTERFERENCE WITH OFFICERS:
It shall be a violation of this chapter for any unauthorized person to break open a shelter or attempt
to take from any officer any animal taken up in compliance with this chapter. (Ord. XIV.21, 12 7
2084)
7 -4A -4: ANIMAL SHELTER PROVIDED:
The city council may provide for a city -owned animal shelter or may designate as an animal shelter a
suitable kennel whether within or outside the limits of the city. (Ord. XIV.24, 12 7 2001)
7 -4A -5: RABIES, BITES, IMPOUNDING AND DISPOSAL OF ANIMALS, DISASTERS,
A. Emcrgcncy Proclamation:
Gprcad of disease.
385347v1 MDT RS215 -6
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2. In thc event of a disaster situation, the council may establish regulation for thc care, kccping,
confinement, and disposal of animals or carcasses as is necessary to protect thc public
health, animal health and welfare, and to prevent thc spread of disca3e.
3. No person shall violate such proclamation or r
confined, kept, or disposed of as directed in such proclamation or rc
to thc penalty provided.
B. Veterinarian Reports Of Rabies Or Zoonotic Disca3c Suspccta: It 3hall-bc thc duty of every
licen3cd veterinarian to Any person having knowledge of an animal that is a rabies suspect or of
an animal or human who may have been bitten by a rabies suspect must report it to the city
police department
or Suspect of any other-aeetnotic disease that iriay pose a significant threat to thc public health or
othcr animal populations. (Ord. XW.24, 12 7 2001) All rabies reports and incidents will be
handled in accordance with the Minnesota Board of Animal Health rules and regulations.
B. Reports of Bites. Any person having knowledge of an animal bite to a human must report it to
the city police department.
C. Impoundment:
1. Violation: In the event of a violation of this Chapter, any designated officer may capture
and impound an animal in the city designated shelter.
2. Notice: Immediately upon the impounding of any animal wearing a current registration, the
City will attempt to notify the owner of the impoundment and the conditions of regaining
custody of the animal. Verbal notices will be confirmed in writing.
3. Right Of Entry: To enforce this chapter, designated officers may enter upon private
premises where it appears or where there is reasonable cause to believe that an animal is not
registered or is not being kept, confined or restrained as required herein, or in pursuit of an
animal running at large. Any owner shall produce for the officer's inspection, the animal's
registration or receipt upon request.
4. Length Of Impoundment: Any animal that is impounded in the city animal shelter shall be
kept in the city shelter for at least five (5) business days unless sooner reclaimed by its
owner. If such animal is known to be or is suspected of being rabid or has bitten a person, it
shall be kept quarantined for a period as recommended by the Minnesota Board of Animal
Health.
D. Reclamation or Disposal of Impounded Animals:
385347v1 MDT RS215 -6
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ion, shall be subject
1. Fines and Fees. Fines shall be determined by council resolution and reviewed annually. An
administrative fee shall be charged and collected by the city animal shelter, or cooperating
pet adoption agency, to recover costs incurred by the shelter in caring for and maintaining
the animal.
2. Registration: If the animal requires a city registration, such registration must also be
obtained before the animal is released.
3. Abandonment /Adoption: If at the end of the impounding period the animal is not
reclaimed by the owner, the animal shall be deemed abandoned and may be placed for
adoption if appropriate. The shelter or cooperating pet adoption agency shall ensure that
anyone purchasing unclaimed animals shall have the animal spayed or neutered prior to
release, or as soon as conditions of health or age of the animal permit. Failure on the part of
the adopting owner to comply with this section shall be a violation of this chapter.
4. Disposal:
a. If an animal is not adopted, then it may be euthanized in a humane manner. Final
determination on the adoptability of animals shall rest with the police department, in
consultation with the city animal shelter or cooperating pet adoption agency.
b. If the owner requests disposal of the animal, the owner shall pay for the cost of disposal,
including any boarding or other fees incurred prior to disposal. A request to dispose of an
animal must be made in writing to the police department, along with proof of ownership or an
affidavit of ownership. Payment of the cost for disposal will be made to the police department
by the owner upon filing of the request for disposal with the police department and receiving
approval.
c. Any animal that has a history of or shows a propensity to attack humans or other animals;
or, has a documented history of attacks and bites on humans or other animals; or, is suspected
to have a disease that can be transmitted to humans or other animals will not be placed for
adoption but will be humanely euthanized.
E. Killing Of Animals That Cannot Be Impounded: Any animal that is diseased.. vieietts7 dangerous,
rabid or exposed to rabies and cannot be captured or impounded after a reasonable effort or
impounded without serious risk to the .erson attem.tin• to ca.ture or im.ound the animal ma
be immediately killed by or under the direction of a police officer.
385347v1 MDT RS215 -6
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7 -4B -1: ANIMAL REGISTRATION PROVISIONS
7 -4B -2: REGISTRATION PROVISIONS FOR COMMERCIAL KENNELS, LOFTS, AND
7 -4B -3: RESTRAINT OF ANIMALS REQUIRED
7 -4B -4: ANIMAL TAG, COLLAR, AND MICROCHIPPING REQUIREMENTS
7 -4B -5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS
7 -4B -6: DANGEROUS ANIMAL CONFINEMENT PROVISIONS
7- 4B -78: NOISE NUISANCES PROHIBITED
7- 4B -89: DISPOSAL OF ANIMAL FECES
7 -4B -918: KEEPING OF ANIMALS
7-4B-10 11: HORSE REGULATIONS
7-4B-11 12: MAINTENANCE OF FOWL AND BIRD
7-4B-12 14: PREMISES REQUIREMENTS
7 -4B -1: ANIMAL REGISTRATION PROVISIONS:
A. Requirements:
1. No person in the city shall own, harbor or keep a dog or ferret over six (6) months of age,
within the city, unless a current city registration for such dog or ferret has been obtained
as herein provided.
2. No person in the city shall own, harbor or keep a potentially dangerous or dangerous dog
within the city, unless a current city
ittrimal registration for such dog has been obtained as herein provided in Article C of this
chapter.
B. Ownership Limits:
1. Household limit. No person shall own or kee more than a
combined total of five (5) 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.
385347v1 MDT RS215 -6
ARTICLE B. REGISTRATION AND CARE OF ANIMALS
a. All ferrets over the age of six (6) months kept within the city must be sterilized.
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.
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2. Exception: For premises that are ten (10) acres or more and zoned agricultural the
resident may own or keep, maintain or othcrwisc hou3e up to ten (10) cats over the age of
six (6) months as long as they have been spayed or neutered and documentation teof that
fact is provided.
C. Application:
4- Application for city registration shall be made to the police department. It shall include
such descriptive information as is necessary to provide a reasonable identification of the
dog or ferret and owner.
2. Application for city dangcrou3 dog or dangcrous animal r
police department. It shall include:
a.
Thc city rcgi3tration information;
b. Thc required microchip, bow er liability insurance, secure cnclo3urc, and posting
c. A detailed description of any distingui3hing marks or coloration that would aid in the
d. A currcnt photograph of thc animal.
D. Term of Validity:
City registrations shall be valid for the period the certificate of rabies vaccination certifies,
and shall expire on the date the rabies vaccination certificate expires. Nonspayed and
unneutered dogs and cats are only eligible for a year -long registration.
E. Fees:
1. City Registration: The city registration fee shall be set by council resolution and reviewed
annually. The following provisions shall also apply:
385347v1 MDT RS215 -6
limited to thc valid term of any and all required vaccinations.
a. Fee Discount: Spayed or neutered dogs and or ferrets shall qualify for a discount of
half of the normal fee.
b. Multiyear Registration: Spayed or neutered dogs and er ferrets shall qualify for a
multiyear registration. This multiyear registration shall expire on the date the rabies
certification expires.
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c. Nonspayed Or Not3Unneutered Dogs And Ferrets:
and cats shall only be eligible for a yearly registration. The cost for the registration
fee shall not be discounted for nonspayed or unneutered dogs and ferrets.
Nonncutcrcd or nonspayed ferrets over six (6) months of agc shall-tiet-be4ieeftseel a
and shall not bc allowed in thc city.
d. Service Animals and Police Canines: Service animals and police canines shall must be
required registered but the normal fee will be waived.
e. Senior Citizen Discount: Senior citizens shall be offered a fifty percent (50
discount of the registration fee. For purposes of this discount a "senior citizen" will
be considered anyone aged fifty five (55) years or older.
2. City Potentially Dangerous and Dangerous Dog And Dangcrou3 Animal Registration:
a. The city potentially dangerous and dangerous dog fteditnitivtl registration fee shall be
set by council and reviewed annually.
F. Vaccinations: All animals i In order to be registered: a dog or ferret, an owner must provide
proof of up -to -date vaccinations and a certificate from a currently state licensed veterinarian
showing the effective dates of the vaccinations.
1. Shall bc vaccinated by a currently state licensed veterinarian.
2. Shall have a current rabies vaccination, if required, and such vaccination shall bc effective
for thc entire registration period.
3. Current status of vaccinations will be determined -by a veterinarian certification. A copy of
G. Duplicate Tags: In the event that any registration tag issued for any animal is lost, the owner
must obtain a duplicate tag from the city on the payment of an amount as set by council
resolution.
fcrrct i3 secured to replace it, the registration for the deceased animal may bc tran3ferrcd to the
replacement animal upon paymcnt of a tran3fcr fcc of one half of thc original fcc and
l- H. New Resident Exemptions:
385347v1 MDT RS215 -6
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1. Any dog or ferret owner, upon first becoming a resident of the city, shall be allowed thirty
(30) days time within which to obtain the animal's registration. (Ord. XIV.21, 12 7 2004)
7 -4B -2: REGISTRATION PROVISIONS FOR COMMERCIAL KENNELS, LOFTS,
IV IMP
A. Registration Requirements And Fcca: No person shall operate a commercial kennel; maintain a
loft for the keeping of pigeons; maintain a coop der the keeping of fo
without first obtaining any the required city registration and paying all fees as required in this
chapter.
B. Applications: A commercial kennel,
application must be made to the police department and shall
1. Commercial Kennel Registration:
staff:
d. Thc application for a kennel registration shall include state:
(1) The name and address of the owner and the operator of a commercial kennel,
(2) The address where the kennel is to be located,
(3) A site plan for review,
(4) Any required secure enclosure details,
(5) The number of dogs, cats, or ferrets proposed to be kept.
2. Dangerous Dog And Dangerous Animal Rcgi3tration:
385347v1 MDT RS215 -6
sunrise. (Ord. XIV.24, 12 7 2001)
b. Commercial kcnncl3 ate allovecd in all areas zoncd agricultural or commercial, cxccpt C
1 and DT. (Ord. XIV.24, 12 7 2004; amd. Ord. B 211, 1 4 2011)
e. Occupant3 of all privately owned real estate abutting-41c premises for which the
347.52, and any othcr requirements of this chapter.
b. Thc application for a dangerous deg or dangerous animal registration shall state:
(1) The name and address of the-dangerous dog el!- dangerous animal owner,
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(2) Thc location whcrc thc dangcrous dog or dangcrous anint
(5) All rcquircd microchipping dctail3,
(6) All rcquircd posting dctails.
3. Pigcons Loft or Fowl Coop Rcgistration:
a. No person may kccp pigeons or fowl on any rcsidcntial prcmi3c3 in thc city without
385347v1 MDT RS215 -6
propertic3.
b. Not morc than twcnty fivc (25) pigeons may bc kcpt on any rcsidcntial prcmi3cs.
c. No morc than4hrcc (3) fowl of any other spccics may bc kcpt on any rcsidcntial
d. Application for a liccnsc to kcep pigeons or fowl on rcsidcntial property shall bc madc
to thc policc dcpartmcnt and accompanicd by thc spccificd liccnsc fcc.
c. Liccn3cs shall bc i33ucd on an annual ba3i3.
f. Occupants of all privatcly awned rcal cstate abutting thc prcmiscs for which the
city staff.
g. Transfcr of r Rcgistration for eoep3 for the kccping of fowl and lofts for thc kccping of
h. Thc rcgistration application shall includc:
{1) Thc name and addrcs3 of thc coop or loft owncr,
(2) The addres3 whcrc thc coop or loft is to bc located,
(3) A sitc plan for rcvicw,
(1) All rcquircd sccurc cnclosurc dctails,
(5) Thc numbcr of fowl or pigcons proposcd to bc kcpt.
C. Issuance or Suspension of Registration, Or Contestation:
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1. C cncrally:
385347v1 MDT RS215 -6
The police department will issue the registration if all requirements are met.
2. -13, If the application is missing any required documentation, or any necessary staff approvals
or recommendations are missing or incomplete the application will be suspended until all
required or missing items are supplied.
documentation will bc forwarded to the city council, which may grant, limit, or dcny the
registration,
owncr of an animal has received- noticc of intent to dcclarc the animal as a potcntially
writing and delivered to thc police department within fourteen (14) days of rcccipt of the
a. Initial Rcvicw: Upon rcccipt of such request, thc supervisor of thc animal control unit
noticc to dctcrminc if thcrc is sufficient evidence supporting thc dcaignation to convcnc a
hcaring of thc animal -control review panel. If-there is insufficient cvidcncc supporting the
animal in question. If thcrc is sufficient evidence that thc animal control rcvicw pancl
attention of thc rcvicw panel that will conduct thc hearing.
noticc from thc animal control unit of thc intent to declare an animal as potcntially
days, thc owncr shall bc conaidcred as having forfcitcd thc right to the hcaring and as
default. Thc animal control unit will thcn issnc a dcclaration of dangcrous or potentially
rcmovcd from thc city.
examine any witncsscs. A aimplc majority of the mcmbc
finding that thc animal i3 either dangcrous er potentially dangcrous. Thc burden of proof
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385347v1 MDT RS215 -6
dangerous-animal must be proven by a preponderance of the cvidcncc. Thc decision of
the animal control rcvicw pancl shall bc in writing and sh
d. Mayor Te Appoint Citizen Representative And Sub3titutc Pancl Mcmbcrs: Thc mayor
of thc city of Rosemount shall appoint a citizen rcprcscntativc, prcfcrably a veterinarian,
appointee on thc pancl. In addition, in thc event thc mayor or relevant council mcmbcr is
mayor may appoint othcr members of the city ceeecil or city staff to sit in thcir placc.
Thc appeal mu3t bc filcdwith the police dcpartmcnt within fourtccn (14) day3 of the
panda ruling. If thc owner of thc animal disputes thc findings of thc city council, the
f. Effcct Of Findings: If thc panel finds there is sufficient basis to dcclarc an animal as
thc animal to be humanly destroyed or rcm'evcd from thc city limits.
g. Potentially Dangcrou3 Or Dangcrou3 Dog Dcsignation Rcvicw: Beginning Six (6)
aggrc3sivc bchavior, or othcr factors. It the animal ceetrol rcvicw pancl find3 sufficicnt
cvidcncc that thc dog's bchavior has changed, thc authority may rescind thc potcntially
b. Thc animal i3 not mamtaincd in a preper cnclo3urc; or
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3. Scizurc Of Dangcrou3 Or Potcntially Dangc
control officer or any police o€ficcr may immediate ly seizc any dangcrous er potcntially
any dangcrous dog or animal if
a. Within fourteen (14) days after the ewner ha3 received noticc that thc animal is
dangcrou3, thc animal is not validly registered and microchi
chaptcr; or
385347v1 MDT RS215 -6
substantial chain or lcash and undcr the physical restraint of a rcsponsiblc compctcnt
crous, thc owncr docs net secure thc proper liability insurance or surety
the animal bites or attacks a person or domestic animal.
ordcr that thc animal bc confiscated and destroyed in a proper and humane manncr, and
sterilization of a dangcrou3 dog at thc owner's cxpc1 sc. Thc owncr may appcal thc ordcr
comply with thc ordcr, appcal thc order, or comply with the ordcr a t h e rc i
x pcnsc.
defined in Minncsota statutcs, section 609--02 on a human being without provocation may
bc ordered dcstroycd in a proper acid humane mariner by animal control. Animal control
shall iasuc a noticc of intcnt to destroy thc animal to thc animal owncr. Thc owncr shall
in subscction C7 of this scction apply to this incident, or that the animal would not
othcrwi3c bc declared dangerous fallowing a hcariii conductcd for that purpo3c.
thrcat, injury or damagc was sustaincd by a per3on:
othcr tort or crime upon thc prcriscs occupied by thc animal; or
Z
bc shown to havc rcpcatcdly, it7 thc past, prevokcd, tormented, teased, abuscd or
15
7 -4B -3: RESTRAINT OF ANIMALS REQUIRED:
No animal may be at large. All owners or persons in custody or control of an animal shall keep the
hi3 or her animal "under restraint"
other 3cction of this codc, at all times.
A. In thc case of dogs declared dangerous under-the criteria of Minnesota- statutes, section 347.50,
thc requirements of Minnesota statutes, section 347.52, regarding restraint, muzzling, and
7 -4B -4: ANIMAL TAG, COLLAR, AND MICROCHIPPING REQUIREMENTS:
A. Upon complying with the registration provisions of this chapter, section 7 1B 1 of thin article,
or any other acction3 governing registration of animals, there the City shall be issued to the
owner a permanent tag, stamped with a number that will uniquely identify the animal and
owner for which it was issued.
B. Every dog and ferret animal owner is required to keep a valid tag securely fastened to the
registered animal's chain, collar or harness, which must be worn by the animal at all times.
C. Thc criteria and provisions regarding thc tagging micreehipping, and pouting of warning signs
3tatutcs, sections 347.50 347.52 shall apply to this chapter.
D. Thc criteria and provisions regarding thug micreehipping, and pouting of warning signa
7 2004)
3. Veterinary care when needed to prevent suffering and maintain the normal health of the
animal, and
7 -4B -5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS:
A. No owner shall fail to provide:
1. Any animal with sufficient food, potable water, or proper diet appropriate for its species,
2. Proper shelter and protection from the weather appropriate for its species,
385347v1 MDT RS215 -6
16
4. Humane care and treatment.
B. No person shall:
1. Abandon any animal anywhere within the city, or at the animal shelter designated by the
city. Any owner of, or person in custody or control of, an animal who fails to retrieve an
animal from the pound after notification from animal control shall be deemed to have
abandoned such animal and to have violated this section.
2. Beat, treat cruelly, torment or otherwise abuse any animal.
3. Cause or permit any dog, cat, cock, or any animal fights.
4. Use any weighted collars, over two (2) pounds; any pronged collars that may cause injury
or discomfort to the animal's neck (other than common electronic training collars); or any
treadmill or other training device to develop any animal's stamina or musculature for any
animal fighting.
5.
7 -4B -6: DANGEROUS ANIMAL CONFINEMENT PROVISION:
Dangerous animals must be confined in a proper enclosure.
vicious animal and not takc such animal out of such cnclostue unless the animal is securely
restrained, muzzled, or lca3hcd as required-by this chapter or state 3tatutcs, and under the
control of a competent person.
purposes. (Ord. XIV.24, 12 7 2001)
A. Impoundment:
and thcrc confined in a humane manncr.
385347v1 MDT RS215 -6
and 316.57. (Ord. XIV.21, 12 7 2001) Leave any animal unattended in a standing or
parked motor vehicle in a manner that endangers the animal's health or safety.
section 347.50 or this chapter shall be kept hi-the manner prescribed by Minnesota statutc3,
section 347.52.
17
385347v1 MDT RS215 -6
city will attcmpt to notify the owner of such impoundment and of thc conditions whcrcby
thc owner may rcgain custody of the animal. Any verbal noticcs shall bc immediately
.:onfirmcd in writing:
of an animal running at largc. Any owner shall produce for the officer's inspcction, the
animal's rcgi3tration or rcccipt upon request.
4. Impoundment Of Rabics Or Othcr Zoonotic Discasc Su3pcct: Any dog, cat, or fcrrct that
determined whcther or not thc animal could have transmittcd rabics at thc time of thc bite.
impoundcd at thc city animal shelter.
a. Any animal that has bittcn a person or is suspected of being a carricr of a zoonotic
.li3casc may at rhc di3crcdon of anal control bc impetmded and tcstcd to protcct the
public health is thc samc manncr as a rabics quarantinc.
animal docs not -have rabics, it maybe rekascd following notice to thc city police
dcpartmcnt and thc animal may be rcclaimcd a3 hcreinaftcr providcd.
.;on3idcrcd a rabics suspect must bc humanely cuthanizcd for rabics cxamination if the
victim of thc bite does not cheese to receive rabics -postcxpesurc prophylaxis, in
accordance with the reeltrircmcr of Minnesota beard of animal hcalth rule. The
control.
d. Any animal that has bccn bitten by a rabid animal, a rabics suspect, or is believed to have
bccn cxposcd to rabics shall be quarantined as requircd by Minncsota board of animal
hcalth rulc.
c. The Minncsota board of animal hcalth rules govcrning impounding, quarantinc,
vaccination, cuthanization, and all matters rclating to
rabies shall apply to this scction and chaptcr.
18
f. Placement of any animal suspcctcd of rabic3 cxpo3urc or quarantined for hie3-eltposare
Shall be at the discretion of the city animal control authority under guidance of the
Minnesota heard of animal health and the Minnesota department of hcalth.
g. Any cxpcn3cs incurred in quarantine or testing an animal shall bc born by the owner of
thc animal
ouch animal i3 known to bc or is suspcctcd of being rabid or has bittcn a person, it shall bc kept
and reviewed annually. If the animal -requires ires a city registration, such- rcgi3tration shall al3o be
385347v1 MDT RS215 -6
has a documcnted hi3tory of attacks and bites on humans er ether animals; or, i3 su3pcct of
any disease that can bc tran3mittcd to humans or other a
adoption but will bc humanely cuthanizcd.
cooperating pct adoption agcncy, to recover costs incarrcd by the shelter in caring for and
maintaining-die- anintab
condition3 of hcalth of age of the animal permit. Failure on the part of thc adopting owncr
to comply with thi3 scction shall be a violation of this chaptcr.
determination on-thc adoptability of animals shall test with thc police department, in
owncr. A rcqucst to dispose of an anirtralintrat bc made in writing to thc police
department, along with proof of-ownership-or an affidavit of ew crship. Payment of the
D. Killing Of Animala That Cannot Bc hripoundcd: Any animal that i3 di3cascd, viciou3,
dangcrou3, rabid or cxposcd to rabics and cannot bc captured
effort or impoundcd without serious risk to the person attempting to capture or impound the
19
7 -4B -7 8: NOISE NUISANCES PROHIBITED CAUSED BY ANIMALS:
A. No person shall keep or harbor any animal in any unsanitary place or condition, or in a manner
that results in noisome odors or dog, cat, any animal or kennel in the city that annoys others
by barking, crying, howling. fighting or other similar noises,
birds, othcr mammals, or any creature. (Ord. XIV.21, 12 7 2004)
7 -4B -8 9: DISPOSAL OF ANIMAL FECES:
7 -4B -9 4A: KEEPING OF ANIMALS:
385347v1 MDT RS215 -6
20
B. No person shall feed animals in such a manner that attracts animals. causes property damage,
allows for excessive amounts of feed to accumulate. or poses a public health threat.
A. All persons in control of an animal on any park property, public property or right of way shall
have in possession at all times apparatus that can be used for cleaning up feces, or a bag for
proper disposal of feces. The person in control of an animal is responsible for picking up the
animal's feces and disposing of it properly. Failure to properly collect and dispose of animal
feces is a violation of this chapter.
B. A property owner is required to clean all feces from his or her property as often as necessary to
prevent contamination to animals or humans and to avoid nuisance from odors and breeding
of insects. but in no case less than weekly. (21) hour3 in a residential arca.
C. Any stable, barn or yard area in which horses, cattle or any farm animals are kept shall be kept
clean. Manure shall be removed with sufficient frequency to avoid nuisance from odors,
breeding of insects, public nuisance, or a public health nuisance, and in no case less than
weekly.
D. Manure on public streets, roadways, or public right of way shall be removed by the owner, rider
or driver of a horse and disposed of properly on the person's property, or in a public waste
receptacle if the manure is packaged in a sealed plastic bag or similar container. (Ord. XIV.21,
12 7 2004)
The keeping of allowed animals, farm animals, wild animal3, pigcon3 and fowl is regulated in the
following manner:
A. Farm animals are permitted on all property zoned by the city as agricultural and on property
owned by the University of Minnesota while used for agricultural or research purposes. Farm
animals may not be confined in a pen, feed lot or building within one hundred feet (100) of
any residential dwelling not owned or leased by the farmer except as otherwise allowed in this
chapter. Allowed animals, pigeons afd fowl may be kept eft residential-property a3 regulated
B. Allowed animals and pigeons and fowl, may be kept in any l zoning districts in accordance
with othcr all applicable ordinances and laws concerning care, maintenance, registration, and
restraint. In Commercial Districts, allowed animals, including pigeons and fowl, must be kept
within the principal structure.
C. Wild or prohibited animals are prohibited from being kept in all parts of the city, except as
otherwise allowed in this chapter. A wild animal may be transported through the city if the
transit period is thirty (30) minutes or less in duration and the wild animal is kept securely
restrained in a proper enclosure or cage appropriate for the species during the transit period.
D. Commercial kennels are allowed only in areas zoned agricultural or commercial. except C -1 and
DT.
2. Po3c a possibility of thc introduction of a disease or pest harmful to indigcnoua- wildlifc or
agricultural intcrc3t3.
3. Po3c a possibility of threatening wildlife populations or othcr natural resources.
1 Po3c a possibility of cndangcring the physical safcty of human bcings.
by either thc state or federal government.
6. Arc defined a3 a prohibited or wild-animal in. section 7 4A 1, "Definitions of thin
chapter.
E. It shall be unlawful for any person town, possess, keep, harbor, bring, or have in onc'3
pos3c33ion a prohibited or wild animal cxccpt as allowcd by thin section.
r or any other person in control of any property in thc city,
1 E. The provisions of this section shall not apply to:
1. Institutions accredited by the American Zoo and Aquarium Association (AZA) or the
American Sanctuary Association (ASA) that are permitted uses within the city.
2. Registered nonprofit humane societies.
385347v1 MDT RS215 -6
21
3. Animal control or law enforcement officers acting under the authority of city, county,
state or federal regulation, rule, ordinance or statute.
4. Licensed veterinary hospitals or clinics
5. State licensed wildlife rehabilitators.
6. Licensed or accredited research or medical institutions.
7. Licensed or accredited educational institutions.
8. Service animals, as defined in this chapter if application of this section would violate state
or federal laws relating to persons with disabilities.
9. A per3on temporarily transporting a probed or wild animal through the city. Such
species within that time.
I, F. No private zoos, game farms, hunt clubs or animal exhibitions are allowed within any city
zoning district.
j, G. Commercial purpose: Animals may only be kept for commercial purposes if authorized in the
zoning district where the animals are located.
K7 H. Pet shops and commercial kennels: Animals kcpt in p Pet shops and et kennels must be
operated shall be kcpt in accordance with any applicable state regulations
in addition to the regulations provided by this chapter. {Ord
XIV.21, 12 7 2001)
7 -4B -10 41: HORSE REGULATIONS:
A. The keeping of horses is at *Hewed permitted use in the agricultural and rural residential
zoning districts, provided:
1. Minimum Lot Sizc: The rninirituitt lot size is at least two and one -half (2.5) acres.
2. Number Of Horses: The number of horses rritty does not exceed one horse per one acre.
3, B. Exceptions: 1. Miniature horses: the number of miniature horses allowed per acre is
she three (3).
2. Commercial stables: Horses kept for a permittcd use in agricultural districts, such a3 in
commercial stables, may exceed *histhe limits. However, all regulations regarding the welfare,
care, and keeping of horses, manure management and any other applicable ordinance, statute,
or regulation shall be met.
385347v1 MDT RS215 -6
22
C. It shall be unlawful for any person to ride or drive a horse after the hour of sunset and before
the hour of sunrise along or crossing any public right of way without appropriate lighting or
reflective material.
D. It shall be unlawful for any person to ride, drive or otherwise take a horse into any public park
or other public property, except within the right of way of public streets.
E. Every person riding a horse or driving a horse drawn vehicle shall be subject to the applicable
provisions of this code and Minnesota state statutes regulating motor vehicle traffic. (-Or-el,
XIV.24, 12 7 2004)
7-4B-11 12: MAINTENANCE OF FOWL AND BIRD
A. Fowl Not To Be At Large: No person owning or keeping chickens, ducks, geese, pigeons or
other fowl or birds may permit the same to run at large or enter upon the premises of another
without permission, nor may any such fowl or birds be kept, raised or permitted to go on any
street, park, lake or public ponding area.
B. Limitation On Number: No more than three (3) fowl or birds and no more than 25 pigeons
may be kept or raised on any residential property in the city.
thc kccping of pigcon3 pursuant to a license under thc provision3 of this section.
C. Injury Or Annoyance To Others: No fowl or birds may be kept or rai3cd in a manner as to
cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor
or filth.
D. Impounding Of Fowl Or Birds: A fowl or bird at large in violation of this section may be
impounded by the city, and after being impounded for five (5) business days or more without
being reclaimed by the owner, may be humanely euthanized or sold. A person reclaiming any
impounded fowl or bird shall pay the cost of impounding and keeping the same.
E. Feeding Within Loft Or Coop: Pigeons and fowl shall be fed within the confines of the loft or
coop on the premises on which the pigeons or fowl are housed.
F. Confinement: Pigeons and fowl must be confined to the loft or coop except for short periods
of exercise during which time they may be permitted to exercise in the fenced enclosure area,
or in the case of pigeons, to fly outside the loft.
C. Fccding Of Bird3, Fowl, Or Other Animals: P ition, no-person shall provide liquida or
numbcr, size, or positioning of the fccd within the boundaries of thc city.
H. Creating A Public Nuisance: Fccding in a manner that results-in thc attraction of animala that
cau3c property damage, a threat to public health Of animal head dtic to thc numbcr or typc of
animal3 attracted by excessive amounts of fccd or feeders bring placed, or thc byproducts of
thc fccd accumulating, arc dccmcd a public nuisancc and ar Ord. XIV.21, 12 7
2004)
385347v1 MDT RS215 -6
23
7 4B 13: DANGEROUS ANIMALS:
angcrous Dogs:
385347v1 MDT RS215 -6
required to attcnd and complete animal behavioral mothficadon- and socialization training,
from a lint of providcrs of such services Eby thc -city. Failure to comply with this
tit. If arty elt7 ,acs into residency is the city and ha3 bccn
within thc state, thc owncr shall report this to -thc city pelicc dcpartmcnt within tcn (10)
day3 of taking up rcsidcncy in the city. Thc owricr must comply immediately with all
dangerous or potcntially dangerous dog status of their animal bcforc renting or leasing
property within thc city.
Shall immediately give notice to the -city police deparmicrit e£ thc name, address, and any
othcr idcntification information required, of thc new owncr.
5. Dcath Of Dog; Rcport: If any dog that has bccn dcclarcd dangcrou3, or potcntially
dangcrou3 dics, an affidavit from a liccascd veterinarian must bc submitted to thc city
police dcpartmcnt within tcn (10) day3.
6. Faikic T-e Mect Requirements: Failure to mcct thc requirement of thi3 chaptcr or the
chaptcr and punishablc a3 defined hcrcin.
than fifty thou3afd dollars ($50 fer -cack- occurrence for liability, destruction of
property, and dcath or bodily harm injury to persons teals that may bc caused by the
dangcrou3 animal.
2. In3urancc Documentation: Thc owncr of an animal that ha3 bccn dcclarcd a dangcrou3
animal shall providc a certificate of this deed at insurancc, stating thc bond or insurance
24
will be in cffcct for the full term of the animal rcgi3tration f
thc bond or insurancc.
thc animal review panel shall-perform and dise a ge all duties and fictions in the same
manncr as required for potentially dangerous or dangcrou3 dogs.
1. Owncr Rcspon3ibility: The owner or po3scsser of an animal that has bccn dcclarcd
a. Post and di3play at cach poasiblc cntrancc onto the -premises whcrc a dangcrous animal is
being kcpt a conspicuous, clearly kgible sign, easily readable by thc public, warning that
there i3 a dangcrou3 animal on thc premises.
muzzling, lca3hing, microchipping, and posting of premises. (Ord. XINT.24, 12 7 2001)
7-4B-12 14: PREMISES REQUIREMENTS:
A. Fence For Confinement; Commercial Kennels:
No permit shall bc grantcd-to any owner for the eperation of a ommcrcial kcnncl unlcs3 any
outdoor arca within which thc animals arc to skcp, cat er cxcrei3c shall bc cnclo3cd completely
Outdoor runs Shall bc regulated by zoning district.
1. Must comply with all requirements as listed in the Zoning Code.
2. Fcncc3 and cnclosurcs to contain dangcrous dogs shall mcct thc rcquircmcn`3 e f r r to
statutes, scction3 347.50 317.52 and thi3 article.
1, 2— caging or containment cnclo3urc for animals s Shall be maintained
and operated in a neat and sanitary manner All refuse, garbage and animal waste shall be
removed at least daily so as to keep the surrounding area free from obnoxious odors.
C. Noiac Nui3ancc:
385347v1 MDT RS215 -6
barking, crying, howling, screeching, growling or othcr vocalization.
25
1. Any disturbance or nuisance created by way of noise or vocalization by animals on private
property or animals kept in commercial kennels that unduly impairs the quiet and peaceable
enjoyment of residents of surrounding properties is deemed a public nuisancc.
the procedures in scction 7 IC 2 of this chaptcr.
B. Lofts And Coops:
1. Lofts and coops must be cleaned and kept in a sanitary manner free of objectionable odors
and wastes as often as necessary to prevent contamination of the animal(s) contained
therein, and any other animals or humans who may come in contact with them, but in no
case less than weekly.
2. Grains and food stored for the use of pigeons or fowl on any licensed prcmisc3 shall be kept
in rodentproof containers.
3. The loft or coop shall be constructed as to be fly frcc and rodcntproof.
4: 3. The loft or coop shall be elevated a minimum of twelve inches (12 and a maximum of
twenty four inches (24 above grade to ensure circulation beneath the loft or coop.
5, 4. The loft or coop shall:
tw,ly. inch (12 ii ht mi l, it.nJ vutW the basc,
b Have a. Be a maximum height of six feet (6');
b. Be screened from view by fencing or evergreen plantings with a minimum height of four
feet (4') unless the structure meets the standards for accessory structure in the Zoning
Regulations; and
c. Be set back a minimum of fifty feet (7-5 50') from any adjoining reaideral
principal structure, and a minimum of ten feet (10') from the property line.
C. Housing Facilities: All facilities for housing animals shall:
1. Be constructed of material appropriate for the animal involved;
2. Contain and restrain the animal they are designed or built to contain without causing injury
to, or depriving the animal of necessary environmental elements;
3. Be maintained in good repair;
4. Be controlled as to temperature, ventilation, lighting, and humidity as necessary to provide
conditions compatible with the health and comfort of the animal(s);
385347v1 MDT RS215 -6
26
5. Be of sufficient size to allow each animal to make normal postural and social adjustments
with adequate freedom of movement. Inadequate space may be indicated by evidence of
malnutrition, poor condition, debility, stress or abnormal behavior patterns;
Conform with the
front, side and rear yard setback standards for buildings in the zoning district where the
structure is to be located;
7. Be cleaned as often as necessary to prevent contamination of the animals contained therein,
and any humans who may come in contact with them and to reduce
objectionable odors, but in no case less than weekly; and
8. Be cleaned in a manner utilizing proper protocols, methods, equipment and materials
recommended to minimize disease hazards or transmission as required by particular species
of animal, ;and
9. Bc cicancd as ncccssary to reduce objectionable odors.
40 9. Enclosures confining domestic animals to an area of less than half of a rear yard area
must conform comply with the property line setback standards for accessory
structuresbuildings. (Ord. XIV.24, 12 7 2004) and are prohibited between the principal
structure and street or roadway.
ARTICLE C. POTENTIALLY DANGEROUS AND DANGEROUS DOGS
7 -4C -1: ADOPTION BY REFERENCE
7 -4C -2: DECLARATION BY POLICE OR ANIMAL CONTROL
7 -4C -3: EXCEPTIONS
7 -4C -4: NOTICE TO OWNER
7 -4C -5: CONTESTING DECLARATION OF POTENTIALLY DANGEROUS OR
DANGEROUS DOG
7 -4C -6: HEARING PROCEDURE
7 -4C -7: EFFECT OF FINDINGS
7 -4C -8: APPEAL
7 -4C -9: REVIEW OF DESIGNATION
7- 4C -10: REGISTRATION OF DANGEROUS DOGS
7- 4C -11: ADDITIONAL REQUIREMENTS
7- 4C -12: SEIZURE
7- 4C -13: RESTRICTIONS ON DOG OWNERSHIP
7- 4C -14: DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES
7- 4C -15: PENALTIES
385347v1 MDT RS215 -6
[New Article]
27
7 -4C -1: ADOPTION BY REFERENCE:
Except as otherwise provided in sections 7 -4C -2 to 7- 4C -15, the regulatory and procedural
provisions of Minn Stat. 347.50 to 347.565 are adopted by reference.
7 -4C -2: DECLARATION BY POLICE OR ANIMAL CONTROL:
A police officer, community service officer, or animal control officer may declare a dog to be
dangerous or potentially dangerous.
7 -4C -3: EXCEPTIONS:
A. The provisions of sections 7 -4C -1 to 7 -4C -15 do not apply to dogs used by law enforcement
officials for police work.
B. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was
sustained by a person who was:
1. committing a willful trespass or other tort upon the premises occupied by the owner of the
die:
2. provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a
history of repeatedly provoking, tormenting, abusing, or assaulting the dog: or,
3. committing or attempting to commit a crime.
7 -4C -4: NOTICE TO OWNER:
If a do is declared otentiall dan erous or dan erous the olice de artment will ve notice b
delivering or mailing it to the owner of the dog, of intent to declare the dog potentially dangerous or
dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the
procedures for contesting the designation as described in section 7- 4C -5(A) and the result of the
failure to contest the designation as described in section 7- 4C -5(B). Immediately upon receipt of the
notice, the dog owner must comply with the requirements of section 7 -4C -11 and continue to
comply with such requirements until the dog is dead or removed from the City, or the City has
determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of
this requirement in the notice of intent.
7 -4C -5: CONTESTING DECLARATION OF POTENTIALLY DANGEROUS OR
DANGEROUS DOG:
A. If the dog owner has received a notice of intent to declare the dog as potentially dangerous or
dangerous, the owner may request that a hearing be conducted to determine whether or not
such a designation is justified. This request must be made in writing and delivered to the police
385347v1 MDT RS215 -6
28
department within fourteen (14) days of receipt of the notice of intent to declare an animal as
potentially dangerous or dangerous.
B. If the owner fails to contest a notice within fourteen 04) days, the owner shall be considered as
having forfeited the right to the hearing and the designation of the dog as potentially dangerous
or dangerous is final. The police department will then issue a declaration of dangerous or
otentiall dan erous do to the owner and the owner must immediate) com.1 with all
applicable requirements of this chapter or cause the dog to be humanely destroyed or removed
from the city.
7 -4C -6: HEARING PROCEDURE:
The animal control review panel will conduct the hearing. The panel will consist of the mayor, a
council member, and a citizen representative. The panel will schedule a hearing and may call
witnesses and review documents as needed to make a determination on the issue. Owners shall have
the right to present evidence on their behalf and to cross examine any witnesses. A simple majority
of the members of the panel is necessary for a finding that the animal is either dangerous or
potentially dangerous. A fording supporting a designation of dangerous or potentially dangerous
must be proven by a preponderance of the evidence. The .decision of the animal control review
panel shall be in writing and shall indicate the reasons for the findings A copy of the findings shall
be provided to animal control and the animal owner. If the panel upholds the designation of the
dog, the owner is responsible for all costs, up to a maximum of $1,000, associated with the hearing.
7 -4C -7: EFFECT OF FINDINGS:
If the panel finds there is sufficient basis to declare the dog potentially dangerous or dangerous, the
owner must immediately comply with all applicable requirements of this chapter or immediately
cause the dog to be humanely destroyed or removed from the city limits.
7 -4C -8: APPEAL:
If the owner of the dog disputes the decision of the panel, the owner shall have the right to appeal
the decision to the Rosemount city council. The appeal must be filed with the police department
within fourteen (14) days of the panel's ruling. If the dog owner disputes the findings of the city
council, the owner may appeal to the Minnesota court of appeals as provided by state law.
7 -4C -9: REVIEW OF DESIGNATION:
Beginning six (6) months after a dog is declared potentially dangerous dog or dangerous, an owner
may request annually that the animal control review panel review the designation. The owner must
provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment,
completion of obedience training that includes modification of aggressive behavior, or other factors.
It the panel finds sufficient evidence that the dog's behavior has changed, the panel may rescind the
potentially dangerous or dangerous dog designation.
385347v1 MDT RS215 -6
29
7- 4C -10: REGISTRATION OF POTENTIALLY DANGEROUS AND DANGEROUS
DOGS:
A. Re uirement. No erson ma own a otentiall dan erous or dan erous do in the Ci unless
the dog is registered as provided in this section.
B. Certificate of Registration. The City will issue a certificate of registration to the owner of a
potentially dangerous or dangerous dog if the owner presents:
1. evidence that a proper enclosure exists for the dog and all accesses to the premises are
posted with clearly visible warning signs issued or approved by the police department that
there is a dangerous dog on the property;
2. a certificate of liability insurance issued by an insurance company authorized to conduct
business, which specifically states that the owner is insured for any person injuries
inflicted by the potentially dangerous or dangerous dog, in the amount of at least
$300,000;
3. proof of payment of the required annual registration fee; and
4. proof that the owner has had microchip identification implanted in the dog as required
under Minn. Stat. 347.515.
C. Warning Sign. If the City issues a certificate of registration to the owner of a dangerous dog
under section 7- 4C- 10(B), the City will provide, for posting on the owner's property, a copy of
a warning symbol to inform children that there is a dangerous dog on the property. The City
may charge the dog owner a reasonable fee to cover its administrative costs and the costs of
the warning symbol.
D. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a
potentially dangerous or dangerous dog.
E. Tag. A dangerous dog registered under this Section must have a tag, issued by the City,
identifying the dog as dangerous. This tag must be affixed to the dog's collar and worn by the
dog at all times.
7- 4C -11: ADDITIONAL REQUIREMENTS:
A. Enclosure and Proper Restraint. 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.
385347v1 MDT RS215 -6
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B. Registration Renewal. An owner of a potentially dangerous or 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 in its new jurisdiction.
C. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the City
police department in writing of the death of the dog or its transfer, and must, if requested by
the police department, execute an affidavit under oath setting forth either the circumstances of
the dog's death and disposition or the complete name, address, and telephone number of the
person to whom the dog has been transferred.
D. Sterilization. The City shall require a dangerous dog to be sterilized at the owner's expense. If
the owner does not have the animal sterilized within 30 days, the City shall have the animal
sterilized at the owner's expense. The owner may contest and appeal a decision requiring a dog
to be sterilized in accordance with the procedures set forth in section 7- 4C -5(A).
E. Rental Property. A person who owns a potentially dangerous or 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
potentially dangerous or dangerous dog that will reside at the property. A dog owner, who is
currently renting property, must notify the property owner within 14 days of City notification if
the dog is newly declared as potentially dangerous or dangerous and the owner keeps the dog
on the property.
F. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser
that the dog has been declared potentially dangerous or dangerous. The seller must also notify
the City police department with the new owner's name, address, and telephone number.
G. Training Required: Any dangerous or potentially dangerous dog and its owner shall be required
to attend and complete animal behavioral modification and socialization training, from a
provider approved by the city. The costs for this training will be the responsibility of the animal
owner.
H. New Resident: If any dog comes into residency in the city and has been previously declared
dangerous or potentially dangerous by another agency or jurisdiction within the state, the
owner shall report this to the city police department within ten (10) days of taking up residency
in the city. The owner must comply immediately with all requirements for posting, restraint,
muzzling, and confinement.
7- 4C -12: SEIZURE:
A. Immediate seizure. An animal control officer or any police officer may immediately seize any
dangerous or potentially dangerous dog and /or issue a citation or summons to the owner of
the dog if:
1. Within fourteen (14) days after the owner has received notice that the dog is dangerous,
the dog is not validly registered and microchipped as required by this chapter: or
385347v1 MDT RS215 -6
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2. The dog is not maintained in a proper enclosure; or
3. The dog is outside the proper enclosure and is not muzzled and restrained by a substantial
chain or leash and under the physical restraint of a responsible competent person; or
4. Fourteen (14) days after the owner has received notice that the dog is dangerous or
potentially dangerous. the owner does not secure the proper liability insurance or surety
bond as required by this chapter; or
5. After the owner has been notified that the dog is dangerous or potentially dangerous. the
dog bites or attacks a person or domestic animal; or
6. The dog is not sterilized within 30 days pursuant to section 7- 4C- 11(D).
B. Conviction. 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 manner. and
that the owner pay the costs incurred in confiscating, confining. and destroying the dog.
C. Reclaimed. A dog seized under section 7- 4C -12(A) may be reclaimed by the owner of the dog
upon payment of impounding and boarding fees, and presenting proof to the police
department that the requirements of sections 7 -4C -10 and 7 -4C -11 will be met. A dog not
reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. 35.71.
subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of
the dog
D. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a
provision of sections 7 -4C -10 or 7- 4C -11, and the person is charged with a subsequent
violation relating to the same dog, the police department must seize the dog. 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 is responsible for paying the cost of
confining and destroying_the animal. If the person is not convicted of the crime for which the
dog was seized. the owner may reclaim the dog upon payment to the City of a fee for the care
and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the
owner has been notified that the do ma be reclaimed the do ma be disposed of as
provided under Minn. Stat. 35.71. subdivision 3. The owner is liable to the City for the costs
incurred in confining. impounding, and disposing of the dog.
E. Disposition of Seized Dogs.
1. Right to hearing. The owner of any seized dog has the right to a hearing by the animal
control review panel. The notice and hearing requirements in sections 7 -4C -4 to 7 -4C -8
will apply to a hearing requested under this Section. Any hearing requested under this
Section will be held within 14 days of the request. In the event that the seizure is upheld
by the Panel, actual expenses of the hearing up to a maximum of $1.000 will be the
responsibility of the dog owner. The Panel will issue a decision within ten days after the
hearing. The decision will be hand delivered to the dog's owner or delivered via
385347v1 MDT RS215 -6
32
registered mail as soon as practical and a copy will be provided to the City police
department.
2. Security. A person claiming an interest in a seized dog may prevent disposition of the
dog by posting security 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 seizure.
7- 4C -13: RESTRICTIONS ON DOG OWNERSHIP:
A. Dog ownership prohibited. Except as provided in paragraph C of this Section, no person may
own a dog if the person has been:
1. convicted of a third or subsequent violation of sections 7 -4C -10 or 7 -4C -11 or Minn.
Stat. 347.515;
2. convicted of 2n degree manslaughter due to negligent or intentional use of a dog under a
violation under Minn. Stat. 609.205, clause 4;
3. convicted of a gross misdemeanor harm caused by a dog under Minn. Stat. 609.226,
subdivision 1;
4. been convicted of a violation under Minn. Stat. 609.226. subdivision 2;
5. had a dog ordered destroyed under section 7 -4C -14 and been convicted of one or more
violations of sections 7-4C-10. 7- 4C -11, Minn. Stat. 347.515 or 609.226. subdivision 2.
B. Household members. If any member of a household is prohibited from owning a dog under
paragraph A. unless specifically approved with or without restrictions by the City, no person
in the household is permitted to own a dog.
C. Dog ownership prohibition review. Beginning three years after a conviction under section 7-
4C-13(A) that prohibits a person from owning a dog, and annually thereafter, the person may
request in writing_to the City police department that the animal control review panel review
the prohibition. The Panel 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 Panel
deems appropriate. The Panel may rescind the prohibition entirely or rescind it with
limitations. The Panel also may establish conditions a person must meet before the
prohibition is rescinded, including, but not limited to, successfully completing dog training or
dog handling courses. If the Panel rescinds a person's prohibition and the person
subsequently fails to comply with any limitations imposed by the City or the person is
convicted of any animal violation involving unprovoked bites or dog attacks. the Panel may
permanently prohibit the person from owning a dog in this state.
7- 4C -14: DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES:
385347v1 MDT RS215 -6
33
A. Circumstances. Notwithstanding sections 7 -4C -10 to 7- 4C -13, a dog may be ordered destroyed
in a proper and humane manner by the City police department if the dog:
1. inflicted substantial or great bodily harm on a human being on public or private property
without provocation;
2. inflicted multiple bites on a human being 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.
B. Hearing The police department may not destroy the dog until the dog owner has had the
opportunity for a hearing before the Animal Control Review Panel.
7- 4C -15: PENALTIES:
A. Any person violating the provisions of sections 7 -4C -10 or 7- 4C -11. shall, upon conviction
thereof. be guilty of a misdemeanor and shall be subject to penalties specified for
misdemeanors in Minn. Stat. 609.03. as amended from time to time. Each day that a
violation exists shall constitute a separate offense.
B. It is a misdemeanor to remove a microchip from a 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 change of location where the dog will reside. or to fail to disclose ownership of a
dan erous do to a ro er owner from whom the erson rents ro er
C. A person who is convicted of a second or subsequent violation of paragraphs (A) or (B) is
guilty of a gross misdemeanor.
D. An owner who violates Minn. Stat. 347.542 or section 7 -4C -13 of this chapter is guilty of a
gross misdemeanor.
E. Any household member who knowingly violates Minn. Stat. 347.542, subdivision 2, or
section 7 -4C -13 of this chapter is guilty of a gross misdemeanor.
ARTICLE D. VIOLATIONS AND PENALTIES
7- 4GD -1: VIOLATION, REVOCATION AND HEARING
7 -4C-4: 7 4D -2: PENALTIES
7 4C 5: 7 4D -3: STATUTORY CITATIONS
385347v1 MDT RS215 -6
34
7 4CD 6: 7 4D -4: CONFLICT OF CHAPTER
7- 4&D -1: VIOLATION, REVOCATION AND HEARING:
A. The council may revoke any commcrcial kcnncl, loft, coop, city animal
registration, for violation of this chapter or for violation of
any other applicable local. state. or federal health or nu.i3ancc ordinancc, order, law or
regulation.
B. Before revoking a commcrcial kcnncl, left, dangerous dog or dan :crou3 animal registration, the
animal owner shall be given notice of the meeting at which such revocation will be considered
and if the owner is present at such meeting, he shall first bc given an opportunity to be heard.
1. Notice of such meeting shall be given to the owner in writing, mailed to the address of the
owner as set forth in the application, and mailed at least five (5) days prior to the date of
the meeting for consideration of the matter.
2. If the council finds, after hearing evidence and testimony, that a stiffieient violation e€-the
ordinances hasve occurred it thcy may suspend, place conditions on limit, or revoke the
commcrcial kcnncl, loft, dangcrou3 dog, or dangcrou3 animal registration. The council
may also take any appropriate action to abate apublic nuisance caused by an animal or its
owner.
3. If, after revocation action is taken, the owner does not comply with the council action,
then the City may seize and hold the animal pursuant to applicable laws.
by such registrations may bc scizcd and held; as per Minnesota state statutc regarding
385347v1 MDT RS215 -6
city dangcrou3 dog registration, er dangerous arrival registration. (Ord. XIV.21, 12 7
2004)
4. Registration and hearings related to potentially dangerous and dangerous dogs are
governed by Article C of this Chapter.
lb
A. Facts Of Ca3c: Upon isauancc of a summons er swam eemplaint of any person to district court
in thc county of Dakota that any of thc following facts exist:
1. The animal has destroyed pteperty er habitually trespassed in a damaging manner on
property of persons othcr than thc owner; or
person without provocation; and thc animal i3 vicious
or shows vicious habits, or meksts -pcepk er interferes- with the driving of automobiles
35
dangerous thc animal is not kept, restrained, cert€xned, registered, taggc
as rcquircd by this chaptcr; or
chaptcr;
B. Owncr To Appcar, Hcaring: A policc efftccr, er other officcr dcsignatcd to cnforcc this
police or any othcr officcr dcsignatcd.
hours from thc datc thcrcof and shall-bc served personally; or, if personal service is not
be po3tcd conspicuously at thc residence of thc animal-owner forty eight (48) hours prior
to thc appointed datc and time of appcarancc.
2. Finding Of Facts Arc Truc: Upen such bearing and finding of facts truc as complained of,
the judge shall:
a. Ordcr thc animal humanely cuthanizcd,
b. Ordcr thc owner to remove it from thc city,
c. Ordcr it confined to a dcsignatcd place, or
d. Ordcr its salc or othcr disposition.
385347v1 MDT RS215 -6
order thc animal impoundcd at the owner's expense for neck period as may bc rea3onably
necessary -to determine, by board of animal health isle whether thc anal i3 rabid or
could havc carried or tran3mittcd-it zoonotic discasc at thc time of thc bite.
carrying acrd •g thc rabics viru3 or another zoonetic discasc and ha3 not bccn
vaccinatcd, if so required; or if thc animal is deemed by the statc hcalth department or thc
board of animal hcalth to bc a risk -te publichcalth by any discasc it may be a carrier of; it
may summarily bc destroyed and tcstcd as nccdcd.
36
durcs and requirements set forth in Minncsota statutcs, scctions
unclaimed animals arc incorporatcd hcrcin.
C. Failure To Comply With Ordcr:
1. If thc owncr i3 ordcrcd to remove the animal from the city or is ordcrcd to kccp the
the filing of a complaint alleging that said order Baas disobeyed, and after bcing found
2. The criteria and procedures sct €girth its Minncsota statutes, scetion3 317.50 347.56
3cizurc of a dangcrous dog are incorporatcd herein.
D. Applicability Of Section: The pros of this section are in addition to and supplemental to
othcr provi3ions of this chaptcr and shall apply throughout thc city.
thc animal, if said animal i3 being kept in violation of any of the term3 of this chapter.
tion3 347.50 347.56, 313.235, and 35.71 shall be
thc responsibility of thc owncr.
2. Co3t3 rclatcd to thc seizure, testing, and di3po3al of dangcrous-animals kept in violation of
2004)
7 1C 3: EXEMPTIONS FROM PROVISIONS:
A. Excmption: Hospitals, clinics, thc dcsigiiated-eity animal shelter and othcr premises operatcd
385347v1 MDT RS2I5 -6
thc animals in thcir cu3tody and such domes a3 expressly stated in this chaptcr and thc zoning
ordinitftees
B. Rcquircmcnts Not Applicable: The registration regaircmcrrts -of this chaptcr shall not apply
to!
1. Any dog, cat, or fcrrct bclongieg te-a nonresident of thc-city and kcpt within thc city for
not longer than thirty (30) days.Pre''idcd that all such dogs, cats, or fences shall at all
timcs while within thc city be kcpt undcr rc3traint.
commi3sioncr of natural researees pursuant te- Minnesota statutes, 3cction 97A.041.
37
institution for the purpose of instiuction or study; p ovided such animals arc 3ccurcly
confined, treated in a humanc manner, and the police department is notified in writing of
their prcscncc. (Ord. XIV.21, 12 7 2004)
7 4C 4: 7 4D -2: PENALTIES:
Unless otherwise provided in this chapter, Aany person(s) who shall violates the terms or
this chapter shall be guilty of a misdemeanor and upon conviction, a violation shall be
punishable by a fine or imprisonment, or both, as provided stipulated by Minnesota state statutes.
A. Exception: If Fpenalties greater than those set forth in this section are allowed iniposeel by
Minnesota state statute, for variou3 3cction3 of this chapter. In such cases the more severe
penalties may shall be applied. (Ord. XIV.24, 12 7 2004)
7 4C 5: 7 -4D -3: STATUTORY CITATIONS:
Any 3pccific citations References to Minnesota state statutes in this
control chapter also 3cctions or sub3cctions shall be considered to include any amendments to
those statutes. (Ord. XIV.24, 12 7 2001)
7 4C 6: 7 -4D -4: CONFLICT OF CHAPTER:
In any case where a provision of this chapter is found to be in conflict with a provision of any
zoning, building, fire, safety, or health ordinance or code in this city, the provision which establishes
the higher standard for the promotion and protection of the health and safety of people or animals
shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision
of any other ordinance or code of the city existing on the effective date of this chapter which
established a lower standard for the promotion and protection of the health and safety of people or
animals, the provision of this chapter shall be deemed to prevail. The determination of the
applicability of this chapter, in light of the above rules of interpretation, shall be made by the city
and its determination shall be final. (Ord. XIV.24, 12 7 2004)
385347v1 MDT RS215 -6
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