HomeMy WebLinkAbout2.a. City Code Animal ControlAGENDA ITEM: City Code: Animal Control
AGENDA A S C ION:
UNAAW WI
PREPARED BY: Gary Kalstabakken, Chief of Polio
ENDA NO. I. tt,
ATTACHMENTS: Survey of Cities' Cat Regulations, City
Code 7 -4, MSS 347.51 and 347.52
APPROVED BY:
Del
RECOMMENDED ACTION: Discussion
�C ROSEMOUNT
CITY COUNCIL
City Council Meeting: March 9, 2011
EXECUTIVE SUMMARY
ISSUE
City Code 7 -4 contains provisions that regulate the keeping of animals within the City. During 2011
budget discussions the Council discussed removing regulations regarding cats as a service reduction and
cost savings. In addition, changes to potentially dangerous and dangerous dog regulations were
recommended. Prior to bringing a draft ordinance to Council, these items are being brought to Council
for direction.
BACKGROUND
The changes proposed to the Animal Control City Code fall into three areas for consideration: regulation
of cats, regulation of potentially dangerous and dangerous dogs, and the overall format and content.
Cat Regulations
Rosemount is one of 3 cities in Dakota County that regulate cats and impound stray cats found in the
community. The other 8 major cities do not handle cat complaints within their communities beyond
giving advice to callers on handling stray cats and referrals to cat rescue organizations. Rosemount has
regulated cats since at least 1974. Despite this long time regulation, only about 22 cats are licensed
annually based on records from the last 3 years. Licensing is valid for the same time period as the animal's
rabies vaccination. Compliance with the licensing requirement is a very low percentage of the estimated
cat owners within the City.
In the last 13 months there have been sixty-six (66) cats impounded that were not claimed by their owner.
The cost to the City was approximately $13,662 or about $1000 monthly. In the same time period only 9
cats that had been impounded were claimed by their owner. In contrast, in the same time period 10 dogs
were unclaimed and seventy (70) were impounded and reclaimed by their owners. The current cost to the
City is $212.50 per unclaimed cat a $5 increase per cat over the fee paid in 2010.
Changes to the City Code to remove licensing requirements of cats and prohibiting cats from roaming at-
large can be made and without those regulations, the City will no longer respond to and impound stray
cats. In addition to the cats actually captured 75 in the last 13 months there are estimated to be
another 25 -30 calls regarding cat problems that do not result in a cat being caught and impounded. If the
regulations are removed from Code, about 100 calls for service will not be responded to except for giving
a referral phone number to a rescue organization and advice on deterring cats. There are at least 10 cat
rescue organizations in the metro area including Animal Ark in Hastings and Last Hope in Farmington.
If the changes are made and the City discontinues handling cat complaints, information on deterring cats
will be posted on the City's website. The primary information given will be to not feed stray cats and to
try commercial repellant products available at retail stores.
Potentially and Dangerous Dog Regulations
The Council reviewed our current regulations and made recommendations to be more restrictive on some
regulations in July of 2010. Rather than implement those changes to the Animal Code separately, changes
will be brought forward at the same time as cat regulations are changed. In addition, the City Code is
being reviewed to insure our regulations our in compliance with changes made in state statute during the
2008 legislative session. The changes discussed in July for inclusion in the Code are:
Require proof that the dog owner's insurance provider has been notified in writing of the
declaration of the potentially dangerous or dangerous dog and that coverage has been issued that
specifically insures any personal injuries or other claims resulting from the dog.
The dog owner must immediately comply with all requirements when a dog is declared potentially
dangerous or dangerous. Owners must follow requirements during the appeal process.
Clarify that a current resident who owns a potentially dangerous dog must report any new address.
Currently, notification is required for dangerous dogs and new residents must report potentially
dangerous and dangerous dogs that are owned by the resident.
Require the dog owner to pay the costs of the appeal process if the designation is upheld. Limit
costs to a set amount, e.g. $1000.
Dangerous dog regulations included in state statute are covered in MSS 347.51 -52; those statutes are
attached. The provisions are currently also included within the City's Code but are scattered throughout
two sections of the Code.
Rewriting and Reformatting of Animal Control Code
While undergoing the review of the dog and cat regulations, staff and the city attorney began discussing
the Code as a whole. Rosemount's Animal Control Code is quite lengthy at thirty -two (32) pages and its
format is not always user friendly. A major revision to make the Code more user friendly will require staff
and city attorney time to complete. While it is a very comprehensive Code it duplicates some areas that
are covered in Minnesota state statutes, e.g. dangerous dogs, which could be removed to shorten the Code
and to avoid inadvertent conflict with state statute that may occur if changes in statute occur but the Code
language is not updated. Other examples of areas that could possibly be entirely or partially eliminated
include:
Certain Definitions: It is felt that separate definitions are not needed for Dangerous Animal,
Dangerous, Fierce and Vicious.
Zoonotic disease regulations: It is felt that in the event of a zoonotic disease state agencies will
become involved and issue recommendations and in disaster situations the City can issue
emergency proclamations covering animal care as needed. See section 7 -4A -5.
Abatement of Nuisances Caused by Animals: The language of this section is antiquated and
inconsistent with current practices and state statutes. See Section 7 -4C -2
The Code also has some sections that are unique to Rosemount (horse regulations) and some that have in
recent years been issues in other nearby cities (pigeon and chicken coops). These provisions have been
effective and are being complied with by residents with coops and horses.
RECOMMENDATION
Staff is seeking direction from the Council on the three areas described above. Ordinances will be drafted
and presented at future Council Meetings based on the direction provided by Council.
2
ADMOd
Residents are informed that the police department does not take or handle stray cats; they are not advised to
take the cat anywhere. They simply explain to residents that they do not handle cats.
Cats are impounded for 5 days, in which animal control attempts to locate an owner. After 5 days, they call a
local rescue agency to pick up the cats. If the cat is too feral or dangerous, they will euthanize them.
Cats are impounded at Pilot Knob Animal Hospital or American Boarding Kennels.
Residents are informed that the police department does not take or handle any stray cats, they are not
advised.
Residents are informed that the police department does not handle stray cats and are not advised or given
any referrals.
Residents are informed that the police department does not handle any stray cats. They are not
recommended to take the cats anywhere, but they are advised on how to keep the cats away (i.e. stop feeding
them, using repellants). Animal Control will only pick up cats if they are sick or injured, in which case the cat
will be taken to an animal hospital or impound facility to receive minimum medical needs to get healthy.
They are then taken to a relief center, or euthanized if necessary.
Same as Inver Grove Heights
1 Residents are informed that the police department does not handle any stray cats. If someone finds a lost cat
that has collar /tags, an officer can attempt to locate the owner; otherwise residents are advised to take the
cat somewhere themselves.
Residents are informed that the police department does not take or handle cats. Cats are only impounded if
they are posing some type of danger to the resident (biting or spreading sickness); otherwise the resident is
referred to a stray cat association.
Residents are informed that the police department does not take or handle cats; they do offer to rent out live
traps to residents if they wish to trap the cat themselves. The resident can then release the cat wherever they
see fit; otherwise they are referred to take the cat to a relief center.
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7 -4A -1
SECTION:
7 -4A -1:
7 -4A -2:
7 -4A -3:
7 -4A -4:
7 -4A -5:
7 -4A -1:
ANIMAL:
CHAPTER 4
ANIMAL CONTROL
ARTICLE A. ADMINISTRATION AND ENFORCEMENT
Definitions
Officers Appointed To Enforce Chapter
Interference With Officers
Animal Shelter Provided
Rabies, Disasters, Animal Bites, And Zoonotic Disease
Prevention
City of Rosemount
7 -4A -1
DEFINITIONS: As used in this chapter, the following terms
have the following meanings:
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 domesti-
cated 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 non
constricting reptiles or amphibians, and other
similar animals. Trained service animals that
are assisting disabled persons.
Dangerous Animal: An allowed or wild animal that habitually
charges, chases, or approaches humans or
other domestic animals in an attitude of attack,
or attacks and causes substantial or great
July 2005
7 -4A -1 7 -4A -1
Farm Animal:
Prohibited Animals:
July 2005
bodily harm or death to humans or other
domestic animals.
Cattle, horses, ponies, mules, sheep, goats,
swine (including potbellied pigs and other
miniature varieties), ducks, geese, turkeys,
chickens, and other animals of husbandry.
Those animals that are commonly considered to
be naturally wild and not naturally trained or
domesticated, or that are commonly considered
to be inherently dangerous to the health, safety
and welfare of people. Unless otherwise
defined, such animals shall include:
A. Any member of the large cat family (family
felidae) including, but not limited to, lions,
tigers, cougars, bobcats, leopards and jaguars,
but excluding commonly accepted domesticated
house cats.
B. Any naturally wild member of the canine
family (family canidae) including, but not limited
to, wolves, foxes, coyotes, dingoes, and jackals,
but excluding commonly accepted domesticated
dogs.
C. Any crossbreeds between a wild and a
domestic animal such as, but not limited to, the
crossbreed between a wolf and a dog, or a
wildcat and a domestic cat. This specifically
includes any hybrid, or cross between a
domestic, nondomestic, wild or exotic animal.
The offspring from all subsequent generations
of such crosses or hybrids are also considered
nondomesticated animals.
D. Any poisonous, venomous, constricting, or
inherently dangerous member of the reptile or
amphibian families including, but not limited to,
rattlesnakes, boa constrictors, pit vipers,
crocodiles and alligators.
E. Any nonhuman primates including, but not
limited to, orangutans, chimpanzee and gorillas,
City of Rosemount
1
7 -4A -1 7 -4A -1
Wild Animals:
AT LARGE:
COMMERCIAL
KENNEL:
CUSTODY AND
CONTROL:
gibbons and siamangs, macaques, or any other
ape or monkey.
F. Any member or relative of the rodent,
mustelid, marsupial (metatheria) or procyonidae
family including, but not limited to, any skunk
(whether descented or not) raccoon, squirrel,
opossum, or prairie dog, but excluding those
members otherwise defined as or commonly
accepted as domesticated pets.
G. Any member of the bear family.
H. Any other animal that is not an allowed
animal.
Any animals that are customarily found in the
wild.
Any animal is considered to be "at large" at any
time when it is not under restraint as herein
required.
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, breed-
ing, showing, treating or grooming such animals
is conducted.
COOP: Any structure used for the keeping of fowl.
Any person, persons, firm, association or
corporations owning, keeping, harboring,
transporting or maintaining any animal within
the city or permitting such animal to be at large
within the city. Any person caring for or in
custody or control of any animal shall be of
sufficient age, knowledge and experience to
adequately and safely care for and control the
animal.
DANGEROU Able or likely to inflict injury or harm.
City of Rosemount
July 2005
7 -4A -1 7 -4A -1
DANGEROUS DOG: Any dog that:
GREAT BODILY HARM:
KENNEL NUISANCE:
July 2005
A. Has without provocation, inflicted substantial
bodily harm on a human being while on public
or private property.
B. Has killed a domestic animal without provo-
cation while off the owner's property; or
C. Having been found to be potentially danger-
ous, aggressively bites, attacks, or endangers
the safety of humans or domestic animals.
FIERCE: Violently hostile or aggressive in temperament.
A. As relates to dangerous dogs, the term "great
bodily harm" has the meaning given it under
Minnesota statutes, section 609.02 subdivision
8;
B. As relates to prevention of cruelty to animals
"great bodily harm" shall have the meaning
given it under Minnesota statutes, section
343.20 subdivision 9; and
C. As relates to allowed animals that attack
other allowed animals, farm animals, or humans
the term has the meaning given it under
Minnesota statutes, section 609.02 subdivision
8.
HORSE: Any breed of horse, pony, mule, ass or similar
animal.
Causing a nuisance or discomfort to persons in
the area by smell, noise, hazard, or intrusion
created by animals kept in a commercial kennel
on property within the 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
City of Rosemount
7 -4A -1
PET OR COMPANION
ANIMAL:
PIGEON:
POTENTIALLY
DANGEROUS ANIMAL:
POTENTIALLY
DANGEROUS DOG:
PROPER
ENCLOSURE:
7 -4A -1
custody or control of animals within or being
transported within the city.
Any animal owned, possessed by, cared for, or
controlled by a person for the present or future
enjoyment of that person or another as a pet or
companion, or any stray pet or stray companion
animal.
Any and all varieties of pigeons.
Any allowed or wild animal that when unpro-
voked, inflicts bites on a human, or other
allowed animal on public or private property; or,
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 animal owner's prop-
erty, in an apparent attitude of attack; or, has a
known propensity, tendency, or disposition to
attack unprovoked, causing injury or otherwise
threatening the safety of humans or other
animals.
Any dog that:
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.
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
City of Rosemount
July 2005
7 -4A -1 7 -4A -1
PUBLIC PROPERTY:
RESTRAINT:
RIGHT OF WAY:
SERVICE ANIMAL:
July 2005
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.
Any sidewalk, path, trail, street or highway,
including the entire width between the boundary
lines of every way publicly maintained for the
purposes of vehicular travel, and shall also
mean any other publicly owned property or
facility.
A dog, cat, or ferret 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, cat or ferret will
obey such voice or signal commands; 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, cat, or ferret is considered
to be under restraint on a right of way, park or
public property only when it is controlled with
the use of a leash no longer than six feet (6') or
when it is under voice or signal command in 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 dangerous dogs and dangerous
animals must be restrained as required by other
sections of this chapter.
A street, alley, sidewalk, path, trail or easement
permanently established for the passage of
persons and vehicles including the traveled
surface of lands adjacent that are formally
dedicated to such usage.
Animals that are individually trained to perform
tasks for people with disabilities, such as:
City of Rosemount
7 -4A -1
SUBSTANTIAL
BODILY HARM:
USE PERMITTED BY
RIGHT:
VICIOUS:
YARD OR SETBACK:
YARD, STREET SIDE:
ZOONOTIC DISEASE:
7 -4A -3
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
are working animals, not pets.
Bodily injury that involves a temporary but
substantial disfigurement, or a temporary but
substantial loss or impairment of the function of
any bodily member or organ, or a fracture of
any bodily member to a service animal or a pet
or companion animal.
A use which is unconditionally permitted in the
zoning district under which it is listed.
Dangerously aggressive.
A required open space on a lot, that is
unoccupied and unobstructed from the ground
upward, except as otherwise provided for
herein. The measurement of a yard shall be
construed as the minimum horizontal distance
between the lot line and the building line.
"Street side yard" shall mean a side yard that is
adjacent to a street.
Any disease that can be transmitted from animal
to human being. (Ord. XIV.24, 12 -7 -2004)
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 -2004)
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.24, 12 -7 -2004)
City of Rosemount
July 2005
7 -4A -4 7 -4A -5
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 -2004)
7 -4A -5: RABIES, DISASTERS, ANIMAL BITES, AND ZOONOTIC
DISEASE PREVENTION:
A. Emergency Proclamations:
July 2005
1. Whenever the prevalence of rabies renders such action necessary
to protect the public health and safety, the council shall issue a
proclamation ordering every person owning or keeping a pet to keep
the pet confined by chain, enclosure, or other means necessary to
prevent the spread of disease.
2. In the event of a disaster situation, the council may establish
regulation for the care, keeping, confinement, and disposal of
animals or carcasses as is necessary to protect the public health,
animal health and welfare, and to prevent the spread of disease.
3. No person shall violate such proclamation or regulation; and any
animal or carcass not confined, kept, or disposed of as directed in
such proclamation or regulation, shall be subject to the penalty
provided.
B. Veterinarian Reports Of Rabies Or Zoonotic Disease Suspects: It
shall be the duty of every licensed veterinarian to report to the city
police department the diagnosis of any animal within the city
considered to be a rabies suspect or suspect of any other zoonotic
disease that may pose a significant threat to the public health or
other animal populations. (Ord. XIV.24, 12 -7 -2004)
City of Rosemount
i
7 -4B -1
SECTION:
7 -4B- 1:
7 -4B- 2:
7 -4B- 3:
7 -4B- 4:
7 -4B- 5:
7 -4B- 6:
7 -4B- 7:
7 -4B- 8:
7 -4B- 9:
7- 4B -10:
7- 4B -11:
7- 4B -12:
7- 4B -13:
7- 4B -14:
CHAPTER 4
ANIMAL CONTROL
ARTICLE B. REGISTRATION AND CARE OF ANIMALS
Animal Registration Provisions
Registration Provisions For Commercial Kennels, Lofts,
Coops, Dangerous Dogs, And Dangerous Animals
Restraint Of Animals Required
Animal Tag, Collar, And Microchipping Requirements
Animal Care And Maintenance Requirements
Animal Confinement Provisions
Impounding And Disposal Of Animals
Noise Nuisances Caused By Animals
Disposal Of Animal Feces
Keeping Of Animals
Horse Regulations
Maintenance Of Fowl And Birds /Feeding Of Animals
Dangerous Animals
Premises Requirements
7 -4B -1: ANIMAL REGISTRATION PROVISIONS:
A. Requirements:
City of Rosemount
7 -4B -1
1. No person in the city shall own, harbor or keep a dog, cat, or
ferret over six (6) months of age, within the city, unless a current city
registration for such dog, cat, or ferret has been obtained as herein
provided.
a. All ferrets over the age of six (6) months kept within the city
must be sterilized.
2. No person in the city shall own, harbor or keep a dangerous dog
or dangerous animal within the city, unless a current city dangerous
July 2005
7 -4B -1 7 -4B -1
dog or dangerous animal registration for such dog has been obtained
as herein provided.
B. Ownership Limits:
July 2005
1. Household Limit: No person shall keep, maintain or otherwise
house 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.
a. For the purposes of this section, the term "household" refers
to a single family residence or a single unit of a town home, condo-
minium, 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.
C. Application:
1. 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, cat,
ferret and owner.
2. Application for city dangerous dog or dangerous animal
registration shall be made to the police department. It shall include:
a. The city registration information;
b. The required microchip, bond or liability insurance, secure
enclosure, and posting information required under Minnesota
statutes, sections 347.51- 347.52; these requirements also apply to
dangerous animal registrations;
c. A detailed description of any distinguishing marks or
coloration that would aid in the identification of the animal.
City of Rosemount
7 -4B -1 7 -4B -1
D. Term Of Validity:
E. Fees:
d. A current photograph of the animal.
1. 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.
2. City dangerous dog /dangerous animal registrations shall be valid
for one year. All required vaccinations must be valid for a one year
period, or the registration will be limited to the valid term of any and
all required vaccinations.
1. City Registration: The city registration fee shall be set by council
resolution and reviewed annually. The following provisions shall also
apply:
a. Fee Discount: Spayed or neutered dogs, cats, or ferrets shall
qualify for a discount of half of the normal fee.
b. Multiyear Registration: Spayed or neutered dogs, cats, or
ferrets shall qualify for a multiyear registration. This multiyear
registration shall expire on the date the rabies certification expires.
c. Nonspayed Or Nonneutered Dogs, Cats And Ferrets:
Nonspayed or nonneutered dogs and cats shall only be eligible for a
yearly registration. The cost for the registration shall not be
discounted. Nonneutered or nonspayed ferrets over six (6) months of
age shall not be licensed and shall not be allowed in the city.
d. Service Animals Or Police Canines: Service animals, or police
canines, shall be required to be 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 Dangerous Dog And Dangerous Animal Registration:
a. The city dangerous dog and animal registration fee shall be
set by council and reviewed annually.
City of Rosemount
July 2005
7 -4B -1 7 -4B -2
F. Vaccination: All animals in order to be registered:
1. Shall be vaccinated by a currently state licensed veterinarian.
2. Shall have a current rabies vaccination, if required, and such
vaccination shall be effective for the entire registration period.
3. Current status of vaccinations will be determined by a veterinarian
certification. A copy of said certificate must be submitted with and a
copy retained with the application for registration.
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.
H. Transfer Of Registration: If a dog, cat, or ferret dies within the
registration period and a dog, cat, or ferret is secured to replace it,
the registration for the deceased animal may be transferred to the
replacement animal upon payment of a transfer fee of one -half
of the original fee and compliance with all other ordinances.
New Resident Exemptions:
July 2005
1. Any dog, cat, 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.24, 12 -7 -2004)
7 -4B -2: REGISTRATION PROVISIONS FOR COMMERCIAL KEN-
NELS, LOFTS, COOPS, DANGEROUS DOGS, AND
DANGEROUS ANIMALS:
A. Registration, Requirements And Fees: No person shall: operate a
commercial kennel; maintain a loft for the keeping of pigeons;
maintain a coop for the keeping of fowl; maintain, keep, or harbor a
dog that has been declared dangerous and registered as dangerous
under Minnesota statutes; or an animal that has been declared
dangerous under the requirements of this chapter, without first
obtaining any required city registration and paying all fees as
required in this chapter.
B. Applications: A commercial kennel, loft, coop, dangerous dog, or
dangerous animal application must be made to the police department
and shall be accompanied by the specified registration fee, all
documentation required, and a site plan, if required.
City of Rosemount
7 -4B -2 7 -4B -2
1. Commercial Kennel Registration:
a. Commercial kennels must house all animals indoors between
the hours of sunset and sunrise.
b. Commercial kennels are allowed in all areas zoned
agricultural or commercial, except C -1 and C -2.
c. Occupants of all privately owned real estate abutting the
premises for which the registration is sought shall be notified of the
application by a mailing from designated city staff.
d. The application for a kennel registration shall 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 Registration:
a. Dangerous dog and dangerous animal registrations must meet
all requirements for the keeping and registration of dangerous dogs
per Minnesota statutes, sections 347.51- 347.52, and any other
requirements of this chapter.
b. The application for a dangerous dog or dangerous animal
registration shall state:
(1) The name and address of the dangerous dog or
dangerous animal owner,
(2) The location where the dangerous dog or dangerous
animal is to be kept,
(3) All required secure enclosure details,
(4) All required vaccination or health records,
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(5) All required microchipping details,
(6) All required posting details.
3. Pigeons Loft Or Fowl Coop Registration:
a. No person may keep pigeons or fowl on any residential
premises in the city without first obtaining a registration as provided
in this section. Pigeons or fowl may not be kept in such a manner as
to constitute a nuisance to the occupants of adjacent properties.
b. Not more than twenty five (25) pigeons may be kept on any
residential premises.
c. No more than three (3) fowl of any other species may be kept
on any residential premises, and no rooster may be kept on a
residential premises.
d. Application for a license to keep pigeons or fowl on residential
property shall be made to the police department and accompanied
by the specified license fee.
e. Licenses shall be issued on an annual basis.
f. Occupants of all privately owned real estate abutting the
premises for which the registration is sought shall be notified of the
application by a mailing from designated city staff.
g. Transfer of registration for coops for the keeping of fowl and
lofts for the keeping of pigeons are nontransferable.
h. The registration application shall include:
(1) The name and address of the coop or loft owner,
(2) The address where the coop or loft is to be located,
(3) A site plan for review,
(4) All required secure enclosure details,
(5) The number of fowl or pigeons proposed to be kept.
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C. Issuance, Suspension, Or Contestation:
1. Generally:
a. The police department will issue the registration if all
requirements are met.
b. 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.
c. If there are written protests from surrounding property owners
or staff the application and documentation will be forwarded to the
city council, which may grant, limit, or deny the registration.
2. Contesting Declaration Of Dangerous Or Potentially Dangerous
Dog Or Animal: If the owner of an animal has received a notice of
intent to declare the animal as a potentially dangerous or dangerous
animal, 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 department
within fourteen (14) days of receipt of the notice of intent to declare
an animal as potentially dangerous or dangerous.
a. Initial Review: Upon receipt of such request, the supervisor of
the animal control unit will forward the request along with all
necessary supporting documentation to the city attorney. The city
attorney will make an initial review of the evidence surrounding the
notice to determine if there is sufficient evidence supporting the
designation to convene a hearing of the animal control review panel.
If there is insufficient evidence supporting the designation, the city
attorney shall withdraw the designation and none of the requirements
of this chapter applying to dangerous or potentially dangerous
animals shall apply to the animal in question. If there is sufficient
evidence that the animal control review panel could uphold the
designation, the city attorney will cause this notice to be brought to
the attention of the review panel that will conduct the hearing.
b. Failure To Contest Notice Of Intent To Declare: If the owner
of an animal receives a notice from the animal control unit of the
intent to declare an animal as potentially dangerous or dangerous,
and the owner fails to contest that notice within fourteen (14) days,
the owner shall be considered as having forfeited the right to the
hearing and as having consented to the designation of the dog as
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July 2005
potentially dangerous or dangerous by default. The animal control
unit will then issue a declaration of dangerous or potentially
dangerous animal to the owner and the owner must immediately
comply with all applicable requirements of this chapter or cause the
animal to be humanely destroyed or removed from the city.
c. Hearing Procedure: The animal control review panel will
consist of the mayor, a council member, and a citizen representative,
preferably a veterinarian. 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.
The burden of proof is on animal control. A finding supporting a
designation of dangerous or potentially dangerous animal 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.
d. Mayor To Appoint Citizen Representative And Substitute
Panel Members: The mayor of the city of Rosemount shall appoint a
citizen representative, preferably a veterinarian, to serve on a
hearing panel on a voluntary basis. Such appointment shall continue
in effect until the appointee resigns or is replaced by the mayor. In
the event the citizen representative is temporarily unavailable or has
a personal interest in the outcome of the proceeding, the mayor may
appoint another citizen representative to replace the initial appointee
on the panel. In addition, in the event the mayor or relevant council
member is temporarily unavailable or has a personal interest in the
outcome of the proceeding, the mayor may appoint other members
of the city council or city staff to sit in their place.
e. Appeal: If the owner of the animal disputes the decision of the
animal control review 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 owner of the animal disputes the findings of the city
council, the owner may appeal to the Minnesota court of appeals as
provided by state law.
f. Effect Of Findings: If the panel finds there is sufficient basis to
declare an animal as potentially dangerous or dangerous, that
finding will serve as notice to the owner that the animal is in fact a
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potentially dangerous or dangerous animal and the owner must
immediately comply with all applicable requirements of this chapter
or immediately cause the animal to be humanely destroyed or
removed from the city limits.
g. Potentially Dangerous Or Dangerous Dog Designation
Review: Beginning six (6) months after a dog is declared a
potentially dangerous dog or dangerous dog, 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 animal control review panel finds sufficient
evidence that the dog's behavior has changed, the authority may
rescind the potentially dangerous or dangerous dog designation.
3. Seizure Of Dangerous Or Potentially Dangerous Animals And
Violations: An animal control officer or any police officer may
immediately seize any dangerous or potentially dangerous dog or
dangerous animal and /or issue a citation or summons to the owner
of any dangerous dog or animal if:
a. Within fourteen (14) days after the owner has received notice
that the animal is dangerous, the animal is not validly registered and
microchipped as required by this chapter; or
b. The animal is not maintained in a proper enclosure; or
c. The animal 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
d. Fourteen (14) days after the owner has received notice that
the animal is dangerous or potentially dangerous, the owner does
not secure the proper liability insurance or surety bond as required
by this chapter; or
e. After the owner has been notified that the animal is dangerous
or potentially dangerous, the animal bites or attacks a person or
domestic animal.
4. Confiscation And Destruction Of Dangerous Animals: If the owner
of a dangerous animal is convicted of a crime for which the animal
was originally seized, the court may order that the animal be
confiscated and destroyed in a proper and humane manner, and that
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July 2005
the owner pay the costs incurred in the confiscating, confining, and
destruction of the animal.
5. Sterilization Of Dangerous Dogs In Certain Circumstances: Animal
control may order the sterilization of a dangerous dog at the owner's
expense. The owner may appeal the order for sterilization in the
same manner as a dangerous dog declaration. If the owner does not
comply with the order, appeal the order, or comply with the order
after the animal review panel has ruled in support of the order, then
the animal may be seized and sterilized at the owner's expense.
6. Destruction Of Dog In Certain Circumstances: Notwithstanding the
provisions set forth in this chapter; an animal that inflicts substantial
or great bodily harm as those terms are defined in Minnesota
statutes, section 609.02 on a human being without provocation may
be ordered destroyed in a proper and humane manner by animal
control. Animal control shall issue a notice of intent to destroy the
animal to the animal owner. The owner shall have three (3) days
from service of the notice to request a hearing before the animal
review panel. The owner shall have the burden of establishing that
the exemptions listed in subsection C7 of this section apply to this
incident, or that the animal would not otherwise be declared
dangerous following a hearing conducted for that purpose.
7. Exemptions: Animals may not be declared dangerous or
potentially dangerous if the threat, injury or damage was sustained
by a person:
a. Who was at the time of injury committing or attempting to
commit a wilful trespass or other tort or crime upon the premises
occupied by the animal; or
b. Who was provoking, tormenting, teasing, abusing or
assaulting the animal or who can be shown to have repeatedly, in
the past, provoked, tormented, teased, abused or assaulted the
animal; or
c. Who was committing or attempting to commit a crime.
8. Law Enforcement Exemption: The provisions of this section do not
apply to trained dogs used by law enforcement personnel for police
work. (Ord. XIV.24, 12 -7 -2004)
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7 -4B -3 7 -4B -5
7 -4B -3: RESTRAINT OF ANIMALS REQUIRED: All owners or
persons in custody or control of an animal shall keep his or
her animal under "restraint" as defined in section 7 -4A -1 of this chapter, or
as required by any other section of this code, at all times.
A. In the case of dogs declared dangerous under the criteria of
Minnesota statutes, section 347.50, the requirements of Minnesota
statutes, section 347.52, regarding restraint, muzzling, and
confinement shall also apply.
B. In the case of animals declared dangerous animals under the
requirements of this article, the requirements of Minnesota statutes,
section 347.52, regarding restraint, muzzling, and confinement shall
also apply. (Ord. XIV.24, 12 -7 -2004)
7 -4B -4: ANIMAL TAG, COLLAR, AND MICROCHIPPING
REQUIREMENTS:
A. Upon complying with the provisions of section 7 -4B -1 of this article,
or any other sections governing registration of animals, there 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 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. The criteria and provisions regarding the tagging, microchipping, and
posting of warning signs on the premises of a dog declared
potentially dangerous or dangerous under Minnesota statutes,
sections 347.50- 347.52 shall apply to this chapter.
D. The criteria and provisions regarding the tagging, microchipping, and
posting of warning signs on the premises of an animal declared
potentially dangerous or dangerous under this chapter shall be the
same as applied to potentially dangerous or dangerous dogs under
Minnesota statutes, sections 347.50- 347.52 and any other
requirements of this chapter. (Ord. XIV.24, 12 -7 -2004)
7 -4B -5: ANIMAL CARE AND MAINTENANCE REQUIREMENTS:
A. No owner shall fail to provide:
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July 2005
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,
3. Veterinary care when needed to prevent suffering and maintain
the normal health of the animal,
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. As relates to the care and maintenance of animals violate
Minnesota statutes, sections 343 and 346.57. (Ord. XIV.24,
12 -7 -2004)
7 -4B -6: ANIMAL CONFINEMENT PROVISIONS:
A. Every owner shall confine within a building or secure enclosure
every fierce, dangerous or vicious animal and not take such animal
out of such enclosure unless the animal is securely restrained,
muzzled, or leashed as required by this chapter or state statutes,
and under the control of a competent person.
1. Any dog or animal declared dangerous, or potentially dangerous,
under Minnesota statutes, section 347.50 or this chapter shall be
kept in the manner prescribed by Minnesota statutes, section 347.52.
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B. Every female dog, cat, or ferret in heat shall be confined within a
building in such a manner that the animal cannot come in contact
with another animal, except for intentional breeding purposes. (Ord.
XIV.24, 12 -7 -2004)
7 -4B -7: IMPOUNDING AND DISPOSAL OF ANIMALS:
A. impoundment:
1. Impoundment: Any animal found in violation of this chapter may
be taken up by the officers designated by the city council to enforce
this chapter, impounded in the shelter, and there confined in a
humane manner.
2. Notice: Immediately upon the impounding of any animal wearing a
current registration, the city will attempt to notify the owner of such
impoundment and of the conditions whereby the owner may regain
custody of the animal. Any verbal notices shall be immediately
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. Impoundment Of Rabies Or Other Zoonotic Disease Suspect: Any
dog, cat, or ferret that has bitten a person shall immediately be
impounded for a period of time as required by the Minnesota board
of animal health rule, and kept apart from other animals, until it is
determined whether or not the animal could have transmitted rabies
at the time of the bite. Such impounding may be by the owner at his
residence or a designated kennel, and need not be at the city animal
shelter, at the discretion of the city animal control authority. But, if it
is not at the city animal shelter, the owner must sign a quarantine
agreement stipulating that the animal is being impounded and kept
as required by quarantine. Violation of quarantine regulations is a
violation of this chapter and shall require the animal to be
impounded at the city animal shelter.
a. Any animal that has bitten a person or is suspected of being a
carrier of a zoonotic disease may at the discretion of animal control
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July 2005
be impounded and tested to protect the public health in the same
manner as a rabies quarantine.
b. After a period of time as required by the Minnesota board of
animal health rule, if the animal does not have rabies, it may be
released following notice to the city police department and the
animal may be reclaimed as hereinafter provided.
c. Any animal other than a domestic dog, cat or ferret that has
bitten a person and is considered a rabies suspect must be
humanely euthanized for rabies examination if the victim of the bite
does not choose to receive rabies postexposure prophylaxis, in
accordance with the requirements of Minnesota board of animal
health rule. The determination of what constitutes a rabies suspect,
or exposure shall be made in consultation with the Minnesota
department of health, the Minnesota board of animal health, the
victim's physician, and any other agency deemed appropriate by
animal control.
d. Any animal that has been bitten by a rabid animal, a rabies
suspect, or is believed to have been exposed to rabies shall be
quarantined as required by Minnesota board of animal health rule.
e. The Minnesota board of animal health rules governing
impounding, quarantine, vaccination, euthanization, and all matters
relating to the transmission or control of rabies shall apply to this
section and chapter.
f. Placement of any animal suspected of rabies exposure or
quarantined for rabies exposure shall be at the discretion of the city
animal control authority under guidance of the Minnesota board of
animal health and the Minnesota department of health.
g. Any expenses incurred in quarantine or testing an animal
shall be borne by the owner of the animal.
B. 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 rule.
C. Reclaiming Or Disposing Of Impounded Animals: Redemption fines
are to be based on the number of offenses within a one year period.
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Fines shall be determined by council resolution and reviewed
annually. If the animal requires a city registration, such registration
shall also be obtained before the animal is released. If at the end of
the impounding period the animal is not reclaimed by the owner,
such animal shall be deemed to have been abandoned and may be
placed for adoption if appropriate.
1. Any animal that has a history indicating propensity to attack
humans or other animals; or, has a documented history of attacks
and bites on humans or other animals; or, is suspect of any disease
that can be transmitted to humans or other animals will not be
placed for adoption but will be humanely euthanized.
2. An administrative adoption 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.
3. 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. If such 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.
5. The owner shall pay for the cost of disposing of any animal at the
specific request of the owner. 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.
D. Killing Of Animals That Cannot Be Impounded: Any animal that is
diseased, vicious, dangerous, rabid or exposed to rabies and cannot
be captured or impounded after a reasonable effort or impounded
without serious risk to the person attempting to capture or impound
the animal, may be immediately killed by a police officer. (Ord.
XIV.24, 12 -7 -2004)
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7 -4B -8: NOISE NUISANCES CAUSED BY ANIMALS: No person shall
keep or harbor a dog, cat, any animal or kennel in the city
that annoys others by barking, crying, or other similar noises created by
vocalization of fowl, birds, other mammals, or any creature. (Ord. XIV.24,
12 -7 -2004)
7 -4B -9: DISPOSAL OF ANIMAL FECES:
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 every twenty four (24) hours in a residential area.
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.24, 12 -7 -2004)
7- 4B -10: KEEPING OF ANIMALS: The keeping of allowed animals,
farm animals, wild animals, pigeons 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,
July 2005
City of Rosemount
7 -4B -10 7 -4B -10
pigeons and fowl may be kept on residential property as regulated
within this chapter.
B. Allowed animals may be kept in all zoning districts in accordance
with other applicable ordinances and laws concerning care,
maintenance, registration, and restraint.
C. Wild or prohibited animals are prohibited from being kept in all parts
of the city, except as allowed in this chapter.
D. In the interest of animal and public health, safety and welfare, it shall
be prohibited, except as allowed by this section to import, transport,
sell, transfer, barter, own, or possess certain wild, or prohibited
animals that:
1. Pose a possibility of harmful competition for indigenous wildlife.
2. Pose a possibility of the introduction of a disease or pest harmful
to indigenous wildlife or agricultural interests.
3. Pose a possibility of threatening wildlife populations or other
natural resources.
4. Pose a possibility of endangering the physical safety of human
beings.
5. Appear on any list of endangered wildlife or endangered species
compiled and maintained by either the state or federal government.
6. Are defined as a prohibited or wild animal in section 7 -4A -1,
"Definitions of this chapter.
E. It shall be unlawful for any person to own, possess, keep, harbor,
bring, or have in one's possession a prohibited or wild animal except
as allowed by this section.
F. It shall be unlawful for the owner or any other person in control of
any property in the city, whether residential, commercial, industrial,
agricultural, or institutional to knowingly permit any person to be in
possession of a prohibited or wild animal upon the property,
residence or premises except in compliance with this section.
G. It shall be unlawful for a person to breed a prohibited or wild animal
within the city.
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H. The provisions of this section shall not apply to:
July 2005
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.
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 person temporarily transporting a prohibited or wild animal
through the city. Such temporary transit period shall be thirty (30)
minutes or Tess in duration and the prohibited or wild animal shall be
kept securely restrained in an enclosure or cage appropriate to the
species within that time.
I. No private zoos, game farms, hunt clubs or animal exhibitions are
allowed within any city districts.
J. Commercial purpose: Animals may only be kept for commercial
purposes if authorized in the zoning district where the animals are
located.
K. Pet shops and commercial kennels: Animals kept in pet shops or
kennels shall be kept in accordance with regulations for licensing
and regulating pet shops and kennels in addition to the regulations
provided by this chapter. (Ord. XIV.24, 12 -7 -2004)
City of Rosemount
7 -4B -11 7 -4B -12
7- 4B -11: HORSE REGULATIONS:
A. The keeping of horses is an allowed use in the agricultural and rural
residential zoning districts, provided:
1. Minimum Lot Size: The minimum lot size is two and one -half (2.5)
acres.
2. Number Of Horses: The number of horses may not exceed one
horse per one acre.
3. Exception: Miniature horses; the number of miniature horses
allowed per acre shall be three (3).
B. Horses kept for a permitted use in agricultural districts, such as
commercial stables, may exceed this limit. However, all regulations
regarding the welfare, care, and keeping of horses, manure
management and any other applicable ordinance, statute, or
regulation shall be met.
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. (Ord. XIV.24, 12 -7 -2004)
7- 4B -12: MAINTENANCE OF FOWL AND BIRDS/FEEDING OF
ANIMALS:
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 may be
kept or raised on any residential property in the city. This limitation
City of Rosemount
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does not apply to the keeping of pigeons pursuant to a license under
the provisions of this section.
C. Injury Or Annoyance To Others: No fowl or birds may be kept or
raised 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.
G. Feeding Of Birds, Fowl, Or Other Animals: Prohibition, no person
shall provide liquids or edible material to animals or wildlife in a
manner that will cause a public nuisance by the number, size, or
positioning of the feed within the boundaries of the city.
H. Creating A Public Nuisance: Feeding in a manner that results in the
attraction of animals that cause property damage, a threat to public
health or animal health due to the number or type of animals
attracted by excessive amounts of feed or feeders being placed, or
the byproducts of the feed accumulating, are deemed a public
nuisance and are prohibited. (Ord. XIV.24, 12 -7 -2004)
7- 4B -13: DANGEROUS ANIMALS:
A. Dangerous Dogs:
July 2005
1. 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 list of
providers of such services maintained by the city. Failure to comply
with this provision will be a violation of this chapter and punished as
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herein defined. The costs for this training will be the responsibility of
the animal owner.
2. Report Required; 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.
3. Report Required; Rental Notification: The owner of any dog that
has been declared dangerous or potentially dangerous, must advise
any property owner, or their agent, of the dangerous or potentially
dangerous dog status of their animal before renting or leasing
property within the city.
4. Sale; Notice Required: If any dog that has been declared
dangerous, or potentially dangerous is sold, given, or ownership of
such dog is transferred in any way, the owner shall immediately give
notice to the city police department of the name, address, and any
other identification information required, of the new owner.
5. Death Of Dog; Report: If any dog that has been declared
dangerous, or potentially dangerous dies, an affidavit from a licensed
veterinarian must be submitted to the city police department within
ten (10) days.
6. Failure To Meet Requirements: Failure to meet the requirement of
this chapter or the requirements and procedures of Minnesota
statutes, section 347.50 are a violation of this chapter and
punishable as defined herein.
B. Other Dangerous Animals: Any animal that commits an act that
would require a dog to be declared potentially dangerous or
dangerous under Minnesota state statute will be declared a
potentially dangerous or dangerous animal and shall be required to
be kept as follows:
1. Insurance Required: The owner of an animal that has been
declared a dangerous animal must obtain and maintain liability
insurance coverage, or a bond, in an amount of not less than fifty
thousand dollars ($50,000.00) for each occurrence for liability,
destruction of property, and death or bodily harm injury to persons or
animals that may be caused by the dangerous animal.
City of Rosemount
July 2005
7 -4B -13 7 -4B -14
2. Insurance Documentation: The owner of an animal that has been
declared a dangerous animal shall provide a certificate of this bond
or insurance, stating the bond or insurance will be in effect for the
full term of the animal registration from the company that issues the
bond or insurance.
3. Animal Review Panel: In the case of animals declared potentially
dangerous or dangerous, the animal review panel shall perform and
discharge all duties and functions in the same manner as required
for potentially dangerous or dangerous dogs.
4. Owner Responsibility: The owner or possessor of an animal that
has been declared a dangerous animal shall:
a. Post and display at each possible entrance onto the premises
where a dangerous animal is being kept a conspicuous, clearly
legible sign, easily readable by the public, warning that there is a
dangerous animal on the premises.
b. Meet all requirements of this chapter, related to registration,
restraint, confinement, muzzling, leashing, microchipping, and
posting of premises. (Ord. XIV.24, 12 -7 -2004)
7- 4B -14: PREMISES REQUIREMENTS:
A. Fence For Confinement; Commercial Kennel: No permit shall be
granted to any owner for the operation of a commercial kennel
unless any outdoor area within which the animals are to sleep, eat or
exercise shall be enclosed completely with a fence of sufficient
height and strength to ensure the confinement of said animals.
July 2005
1. Commercial kennels shall house all animals indoors between the
hours of sunset and sunrise. Outdoor runs shall be regulated by
zoning district.
2. Fences and enclosures to contain dangerous dogs shall meet the
requirements of Minnesota statutes, sections 347.50- 347.52 and this
article.
3. Fences and enclosures to contain dangerous animals shall meet
the same requirements for restraint and security as for a dangerous
dog, with consideration given to the particular species.
City of Rosemount
7 -4B -14 7 -4B -14
B. Kennel Sanitation: Every kennel, caging or containment enclosure
for animals 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. Noise Nuisance: No owner shall permit any animal under his or her
custody or control to create a nuisance by way of barking, crying,
howling, screeching, growling or other vocalization.
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
nuisance.
2. Public or commercial kennel nuisances caused by vocalization of
animals may be abated by the procedures in section 7 -4C -2 of this
chapter.
D. 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 premises shall be kept in rodentproof containers.
3. The loft or coop shall be constructed as to be fly free and
rodentproof.
4. 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. The loft or coop shall:
a. Rest upon concrete footings which penetrate the soil twenty
four inches (24 and have a twelve inch (12 right angle extending
outward from the base,
b. Have a maximum height of six feet (6'),
City of Rosemount
July 2005
7 -4B -14 7 -4B -14
July 2005
c. Be screened from view by fencing or evergreen plantings with
a minimum height of four feet (4'), and
d. Be set back seventy five feet (75') from any adjoining
residential structure, and ten feet (10') from the property line.
E. 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);
5. Be 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;
6. Be built to conform with the property line setback standards for
accessory buildings, side yards, and rear yards. (See the official
zoning regulations of the city.);
7. Be cleaned as often as necessary to prevent contamination of the
animals contained therein, and any other animals or humans who
may come in contact with them, but in no case Tess than weekly;
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. Be cleaned as necessary to reduce objectionable odors.
10. Enclosures confining domestic animals to an area of Tess than
half of a rear yard area must conform with the property line setback
standards for accessory buildings. (Ord. XIV.24, 12 -7 -2004)
City of Rosemount
347.51, 2010 Minnesota Statutes Page 1 of 2
2010 Minnesota Statutes
347.51 DANGEROUS DOGS; REGISTRATION.
Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered
as provided in this section.
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 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 $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 in the amount of at least $300,000, insuring the owner for any personal injuries 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.
Subd. 2a. Warning symbol. If an animal control authority issues a certificate of registration to the owner
of a dangerous dog pursuant to subdivision 2, the animal control authority must 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 warning symbol must be the uniform symbol provided by the commissioner of public safety. The
commissioner shall provide the number of copies of the warning symbol requested by the animal control
authority and shall charge the animal control authority the actual cost of the warning symbols received. The
animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost
of the warning symbol.
Subd. 3. Fee. The 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.
Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared a dangerous
dog, an owner may request annually that the animal control authority 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. If the animal control
authority finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous
dog designation.
Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used
by law enforcement officials for police work.
Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by
a person:
(1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the
owner of the dog;
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347.51, 2010 Minnesota Statutes Page 2 of 2
(2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly,
in the past, provoked, tormented, abused, or assaulted the dog; or
(3) who was committing or attempting to commit a crime.
Subd. 6.[Repealed, 1Sp2001 c 8 art 8 s 30]
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.
Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance
regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. Ordinances
inconsistent with this subdivision are void.
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 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 animal
control authority and all certificates of registration must be issued in the name of the animal control authority.
History: 1988 c 711 s 2; 1989 c 37 s 6 -10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art 3 s 32; 1 Sp2001
c 8 art 8 s 16 -18; 2008c325s3 -7
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347.52, 2010 Minnesota Statutes Page 1 of 1
2010 Minnesota Statutes
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 authority, 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 or the address where the dog has been relocated.
(d) An animal control authority 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 animal control authority shall seize the dog and
have 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 transfers ownership of a dangerous dog must notify the new owner that the animal control
authority has identified the dog 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.
History: 1988 c 711 s 3; 1 Sp2001 c 8 art 8 s 20; 2008 c 325 s 8
https: /www.revisor.mn.gov /statutes ?id= 347.52 03/04/2011